Pending: 32014R1030

                                January 16, 2026                            

30.9.2014
EN
Official Journal of the European Union
L 284/14

(1)
In order to help ensure global consistency in disclosure and transparency in the process of identification of global systemically important institutions (G-SIIs), those institutions are required to publicly disclose indicator values used in that process.

(2)
The disclosure templates used by institutions identified as G-SIIs in accordance with Article 131 of Directive 2013/36/EU of the European Parliament and of the Council(2)should take into account international standards, particularly those issued by the Basel Committee on Banking Supervision.

(3)
In order to ensure consistency and comparability of the collected information, the reporting reference date should be set to coincide with an institution's financial year-end figures of the previous year or any other date agreed with its relevant authority.

(4)
With a view to facilitating public access to the disclosed information, and seeing that data from all Member States are needed to perform the identification process, the European Banking Authority (EBA) should collect each institution's information and publish it on its website.

(5)
This Regulation is based on the draft implementing technical standards submitted by the EBA to the Commission.

(6)
The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(3),

Section 1: General Information
Response

a.General information provided by the national supervisor:
a.
General information provided by the national supervisor:

a.
General information provided by the national supervisor:

(1)Country code
(1)
Country code

(1)
Country code

(2)Bank name
(2)
Bank name

(2)
Bank name

(3)Submission date (yyyy-mm-dd)
(3)
Submission date (yyyy-mm-dd)

(3)
Submission date (yyyy-mm-dd)

b.General Information provided by the reporting institution:
b.
General Information provided by the reporting institution:

b.
General Information provided by the reporting institution:

(1)Reporting date (yyyy-mm-dd)
(1)
Reporting date (yyyy-mm-dd)

(1)
Reporting date (yyyy-mm-dd)

(2)Reporting currency
(2)
Reporting currency

(2)
Reporting currency

(3)Euro conversion rate
(3)
Euro conversion rate

(3)
Euro conversion rate

(4)Reporting unit
(4)
Reporting unit

(4)
Reporting unit

(5)Accounting standard
(5)
Accounting standard

(5)
Accounting standard

(6)Location of public disclosure
(6)
Location of public disclosure

(6)
Location of public disclosure

a.
General information provided by the national supervisor:

(1)
Country code

(2)
Bank name

(3)
Submission date (yyyy-mm-dd)

b.
General Information provided by the reporting institution:

(1)
Reporting date (yyyy-mm-dd)

(2)
Reporting currency

(3)
Euro conversion rate

(4)
Reporting unit

(5)
Accounting standard

(6)
Location of public disclosure

Section 2: Total Exposures
Amount

a.Counterparty exposure of derivatives contracts (method 1)
a.
Counterparty exposure of derivatives contracts (method 1)

a.
Counterparty exposure of derivatives contracts (method 1)

b.Gross value of securities financing transactions (SFTs)
b.
Gross value of securities financing transactions (SFTs)

b.
Gross value of securities financing transactions (SFTs)

c.Counterparty exposure of SFTs
c.
Counterparty exposure of SFTs

c.
Counterparty exposure of SFTs

d.Other assets
d.
Other assets

d.
Other assets

(1)Securities received in SFTs that are recognised as assets
(1)
Securities received in SFTs that are recognised as assets

(1)
Securities received in SFTs that are recognised as assets

e.Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))
e.
Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))

e.
Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))

f.Potential future exposure of derivative contracts (method 1)
f.
Potential future exposure of derivative contracts (method 1)

f.
Potential future exposure of derivative contracts (method 1)

g.Notional amount of off-balance sheet items with a 0 % CCF
g.
Notional amount of off-balance sheet items with a 0 % CCF

g.
Notional amount of off-balance sheet items with a 0 % CCF

(1)Unconditionally cancellable credit card commitments
(1)
Unconditionally cancellable credit card commitments

(1)
Unconditionally cancellable credit card commitments

(2)Other unconditionally cancellable commitments
(2)
Other unconditionally cancellable commitments

(2)
Other unconditionally cancellable commitments

h.Notional amount of off-balance sheet items with a 20 % CCF
h.
Notional amount of off-balance sheet items with a 20 % CCF

h.
Notional amount of off-balance sheet items with a 20 % CCF

i.Notional amount of off-balance sheet items with a 50 % CCF
i.
Notional amount of off-balance sheet items with a 50 % CCF

i.
Notional amount of off-balance sheet items with a 50 % CCF

j.Notional amount of off-balance sheet items with a 100 % CCF
j.
Notional amount of off-balance sheet items with a 100 % CCF

j.
Notional amount of off-balance sheet items with a 100 % CCF

k.Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))
k.
Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))

k.
Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))

l.Entities consolidated for accounting purposes but not for risk-based regulatory purposes:
l.
Entities consolidated for accounting purposes but not for risk-based regulatory purposes:

l.
Entities consolidated for accounting purposes but not for risk-based regulatory purposes:

(1)On-balance sheet assets
(1)
On-balance sheet assets

(1)
On-balance sheet assets

(2)Potential future exposure of derivatives contracts
(2)
Potential future exposure of derivatives contracts

(2)
Potential future exposure of derivatives contracts

(3)Unconditionally cancellable commitments
(3)
Unconditionally cancellable commitments

(3)
Unconditionally cancellable commitments

(4)Other off-balance sheet commitments
(4)
Other off-balance sheet commitments

(4)
Other off-balance sheet commitments

(5)Investment value in the consolidated entities
(5)
Investment value in the consolidated entities

(5)
Investment value in the consolidated entities

m.Regulatory adjustments
m.
Regulatory adjustments

m.
Regulatory adjustments

n.Ancillary data:
n.
Ancillary data:

n.
Ancillary data:

(1)Receivables for cash collateral posted in derivatives transactions
(1)
Receivables for cash collateral posted in derivatives transactions

(1)
Receivables for cash collateral posted in derivatives transactions

(2)Net notional amount of credit derivatives
(2)
Net notional amount of credit derivatives

(2)
Net notional amount of credit derivatives

(3)Net notional amount of credit derivatives for entities in item 2.l.
(3)
Net notional amount of credit derivatives for entities in item 2.l.

(3)
Net notional amount of credit derivatives for entities in item 2.l.

(4)On and off-balance sheet exposures between entities included in item 2.l.
(4)
On and off-balance sheet exposures between entities included in item 2.l.

(4)
On and off-balance sheet exposures between entities included in item 2.l.

(5)On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes
(5)
On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes

(5)
On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes

(6)On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.
(6)
On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.

(6)
On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.

(7)Total exposures for the calculation of the leverage ratio (January 2014 definition)
(7)
Total exposures for the calculation of the leverage ratio (January 2014 definition)

(7)
Total exposures for the calculation of the leverage ratio (January 2014 definition)

o.Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)
o.
Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)

o.
Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)

a.
Counterparty exposure of derivatives contracts (method 1)

b.
Gross value of securities financing transactions (SFTs)

c.
Counterparty exposure of SFTs

d.
Other assets

(1)
Securities received in SFTs that are recognised as assets

e.
Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))

f.
Potential future exposure of derivative contracts (method 1)

g.
Notional amount of off-balance sheet items with a 0 % CCF

(1)
Unconditionally cancellable credit card commitments

(2)
Other unconditionally cancellable commitments

h.
Notional amount of off-balance sheet items with a 20 % CCF

i.
Notional amount of off-balance sheet items with a 50 % CCF

j.
Notional amount of off-balance sheet items with a 100 % CCF

k.
Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))

l.
Entities consolidated for accounting purposes but not for risk-based regulatory purposes:

(1)
On-balance sheet assets

(2)
Potential future exposure of derivatives contracts

(3)
Unconditionally cancellable commitments

(4)
Other off-balance sheet commitments

(5)
Investment value in the consolidated entities

m.
Regulatory adjustments

n.
Ancillary data:

(1)
Receivables for cash collateral posted in derivatives transactions

(2)
Net notional amount of credit derivatives

(3)
Net notional amount of credit derivatives for entities in item 2.l.

(4)
On and off-balance sheet exposures between entities included in item 2.l.

(5)
On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes

(6)
On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.

(7)
Total exposures for the calculation of the leverage ratio (January 2014 definition)

o.
Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)

Section 3: Intra-Financial System Assets
Amount

a.Funds deposited with or lent to other financial institutions
a.
Funds deposited with or lent to other financial institutions

a.
Funds deposited with or lent to other financial institutions

(1)Certificates of deposit
(1)
Certificates of deposit

(1)
Certificates of deposit

b.Undrawn committed lines extended to other financial institutions
b.
Undrawn committed lines extended to other financial institutions

b.
Undrawn committed lines extended to other financial institutions

c.Holdings of securities issued by other financial institutions:
c.
Holdings of securities issued by other financial institutions:

c.
Holdings of securities issued by other financial institutions:

(1)Secured debt securities
(1)
Secured debt securities

(1)
Secured debt securities

(2)Senior unsecured debt securities
(2)
Senior unsecured debt securities

(2)
Senior unsecured debt securities

(3)Subordinated debt securities
(3)
Subordinated debt securities

(3)
Subordinated debt securities

(4)Commercial paper
(4)
Commercial paper

(4)
Commercial paper

(5)Stock (including par and surplus of common and preferred shares)
(5)
Stock (including par and surplus of common and preferred shares)

(5)
Stock (including par and surplus of common and preferred shares)

(6)Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)
(6)
Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)

(6)
Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)

d.Net positive current exposure of securities financing transactions with other financial institutions
d.
Net positive current exposure of securities financing transactions with other financial institutions

d.
Net positive current exposure of securities financing transactions with other financial institutions

e.Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:
e.
Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:

e.
Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:

(1)Net positive fair value (include collateral held if it is within the master netting agreement)
(1)
Net positive fair value (include collateral held if it is within the master netting agreement)

(1)
Net positive fair value (include collateral held if it is within the master netting agreement)

(2)Potential future exposure
(2)
Potential future exposure

(2)
Potential future exposure

f.Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))
f.
Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))

f.
Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))

a.
Funds deposited with or lent to other financial institutions

(1)
Certificates of deposit

b.
Undrawn committed lines extended to other financial institutions

c.
Holdings of securities issued by other financial institutions:

(1)
Secured debt securities

(2)
Senior unsecured debt securities

(3)
Subordinated debt securities

(4)
Commercial paper

(5)
Stock (including par and surplus of common and preferred shares)

(6)
Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)

d.
Net positive current exposure of securities financing transactions with other financial institutions

e.
Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:

(1)
Net positive fair value (include collateral held if it is within the master netting agreement)

(2)
Potential future exposure

f.
Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))

Section 4: Intra-Financial System Liabilities
Amount

a.Deposits due to depository institutions
a.
Deposits due to depository institutions

a.
Deposits due to depository institutions

b.Deposits due to non-depository financial institutions
b.
Deposits due to non-depository financial institutions

b.
Deposits due to non-depository financial institutions

c.Undrawn committed lines obtained from other financial institutions
c.
Undrawn committed lines obtained from other financial institutions

c.
Undrawn committed lines obtained from other financial institutions

d.Net negative current exposure of securities financing transactions with other financial institutions
d.
Net negative current exposure of securities financing transactions with other financial institutions

d.
Net negative current exposure of securities financing transactions with other financial institutions

e.OTC derivatives with other financial institutions that have a net negative fair value:
e.
OTC derivatives with other financial institutions that have a net negative fair value:

e.
OTC derivatives with other financial institutions that have a net negative fair value:

(1)Net negative fair value (include collateral provided if it is within the master netting agreement)
(1)
Net negative fair value (include collateral provided if it is within the master netting agreement)

(1)
Net negative fair value (include collateral provided if it is within the master netting agreement)

(2)Potential future exposure
(2)
Potential future exposure

(2)
Potential future exposure

f.Ancillary data:
f.
Ancillary data:

f.
Ancillary data:

(1)Funds borrowed from other financial institutions
(1)
Funds borrowed from other financial institutions

(1)
Funds borrowed from other financial institutions

(2)Certificates of deposit included in items 4.a and 4.b
(2)
Certificates of deposit included in items 4.a and 4.b

(2)
Certificates of deposit included in items 4.a and 4.b

g.Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))
g.
Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))

g.
Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))

a.
Deposits due to depository institutions

b.
Deposits due to non-depository financial institutions

c.
Undrawn committed lines obtained from other financial institutions

d.
Net negative current exposure of securities financing transactions with other financial institutions

e.
OTC derivatives with other financial institutions that have a net negative fair value:

(1)
Net negative fair value (include collateral provided if it is within the master netting agreement)

(2)
Potential future exposure

f.
Ancillary data:

(1)
Funds borrowed from other financial institutions

(2)
Certificates of deposit included in items 4.a and 4.b

g.
Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))

Section 5: Securities Outstanding
Amount

a.Secured debt securities
a.
Secured debt securities

a.
Secured debt securities

b.Senior unsecured debt securities
b.
Senior unsecured debt securities

b.
Senior unsecured debt securities

c.Subordinated debt securities
c.
Subordinated debt securities

c.
Subordinated debt securities

d.Commercial paper
d.
Commercial paper

d.
Commercial paper

e.Certificates of deposit
e.
Certificates of deposit

e.
Certificates of deposit

f.Common equity
f.
Common equity

f.
Common equity

g.Preferred shares and any other forms of subordinated funding not captured in item 5.c.
g.
Preferred shares and any other forms of subordinated funding not captured in item 5.c.

g.
Preferred shares and any other forms of subordinated funding not captured in item 5.c.

h.Ancillary data:
h.
Ancillary data:

h.
Ancillary data:

(1)Book value of equities for which a market price is unavailable
(1)
Book value of equities for which a market price is unavailable

(1)
Book value of equities for which a market price is unavailable

i.Securities outstanding indicator (sum of items 5.a through 5.g)
i.
Securities outstanding indicator (sum of items 5.a through 5.g)

i.
Securities outstanding indicator (sum of items 5.a through 5.g)

a.
Secured debt securities

b.
Senior unsecured debt securities

c.
Subordinated debt securities

d.
Commercial paper

e.
Certificates of deposit

f.
Common equity

g.
Preferred shares and any other forms of subordinated funding not captured in item 5.c.

h.
Ancillary data:

(1)
Book value of equities for which a market price is unavailable

i.
Securities outstanding indicator (sum of items 5.a through 5.g)

Section 6: Payments made in the reporting year (excluding intragroup payments)
Reported in
Amount in specified currency
Amount

a.Australian dollars
a.
Australian dollars
AUD

a.
Australian dollars

b.Brazilian real
b.
Brazilian real
BRL

b.
Brazilian real

c.Canadian dollars
c.
Canadian dollars
CAD

c.
Canadian dollars

d.Swiss francs
d.
Swiss francs
CHF

d.
Swiss francs

e.Chinese yuan
e.
Chinese yuan
CNY

e.
Chinese yuan

f.Euros
f.
Euros
EUR

f.
Euros

g.British pounds
g.
British pounds
GBP

g.
British pounds

h.Hong Kong dollars
h.
Hong Kong dollars
HKD

h.
Hong Kong dollars

i.Indian rupee
i.
Indian rupee
INR

i.
Indian rupee

j.Japanese yen
j.
Japanese yen
JPY

j.
Japanese yen

k.Swedish krona
k.
Swedish krona
SEK

k.
Swedish krona

l.United States dollars
l.
United States dollars
USD

l.
United States dollars

m.Ancillary data:
m.
Ancillary data:

m.
Ancillary data:

(1)Mexican pesos
(1)
Mexican pesos
MXN

(1)
Mexican pesos

(2)New Zealand dollars
(2)
New Zealand dollars
NZD

(2)
New Zealand dollars

(3)Russian rubles
(3)
Russian rubles
RUB

(3)
Russian rubles

n.Payments activity indicator (sum of items 6.a through 6.l)
n.
Payments activity indicator (sum of items 6.a through 6.l)

n.
Payments activity indicator (sum of items 6.a through 6.l)

a.
Australian dollars

b.
Brazilian real

c.
Canadian dollars

d.
Swiss francs

e.
Chinese yuan

f.
Euros

g.
British pounds

h.
Hong Kong dollars

i.
Indian rupee

j.
Japanese yen

k.
Swedish krona

l.
United States dollars

m.
Ancillary data:

(1)
Mexican pesos

(2)
New Zealand dollars

(3)
Russian rubles

n.
Payments activity indicator (sum of items 6.a through 6.l)

Section 7: Assets Under Custody
Amount

a.Assets under custody indicator
a.
Assets under custody indicator

a.
Assets under custody indicator

a.
Assets under custody indicator

Section 8: Underwritten Transactions in Debt and Equity Markets
Amount

a.Equity underwriting activity
a.
Equity underwriting activity

a.
Equity underwriting activity

b.Debt underwriting activity
b.
Debt underwriting activity

b.
Debt underwriting activity

c.Underwriting activity indicator (sum of items 8.a and 8.b)
c.
Underwriting activity indicator (sum of items 8.a and 8.b)

c.
Underwriting activity indicator (sum of items 8.a and 8.b)

a.
Equity underwriting activity

b.
Debt underwriting activity

c.
Underwriting activity indicator (sum of items 8.a and 8.b)

Section 9: Notional Amount of Over-the-Counter (OTC) Derivatives
Amount

a.OTC derivatives cleared through a central counterparty
a.
OTC derivatives cleared through a central counterparty

a.
OTC derivatives cleared through a central counterparty

b.OTC derivatives settled bilaterally
b.
OTC derivatives settled bilaterally

b.
OTC derivatives settled bilaterally

c.OTC derivatives indicator (sum of items 9.a and 9.b)
c.
OTC derivatives indicator (sum of items 9.a and 9.b)

c.
OTC derivatives indicator (sum of items 9.a and 9.b)

a.
OTC derivatives cleared through a central counterparty

b.
OTC derivatives settled bilaterally

c.
OTC derivatives indicator (sum of items 9.a and 9.b)

Section 10: Trading and Available-for-Sale Securities
Amount

a.Held-for-trading securities (HFT)
a.
Held-for-trading securities (HFT)

a.
Held-for-trading securities (HFT)

b.Available-for-sale securities (AFS)
b.
Available-for-sale securities (AFS)

b.
Available-for-sale securities (AFS)

c.Trading and AFS securities that meet the definition of Level 1 assets
c.
Trading and AFS securities that meet the definition of Level 1 assets

c.
Trading and AFS securities that meet the definition of Level 1 assets

d.Trading and AFS securities that meet the definition of Level 2 assets, with haircuts
d.
Trading and AFS securities that meet the definition of Level 2 assets, with haircuts

d.
Trading and AFS securities that meet the definition of Level 2 assets, with haircuts

e.Ancillary data:
e.
Ancillary data:

e.
Ancillary data:

(1)Held-to-maturity securities
(1)
Held-to-maturity securities

(1)
Held-to-maturity securities

f.Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)
f.
Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)

f.
Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)

a.
Held-for-trading securities (HFT)

b.
Available-for-sale securities (AFS)

c.
Trading and AFS securities that meet the definition of Level 1 assets

d.
Trading and AFS securities that meet the definition of Level 2 assets, with haircuts

e.
Ancillary data:

(1)
Held-to-maturity securities

f.
Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)

Section 11: Level 3 Assets
Amount

a.Level 3 assets indicator
a.
Level 3 assets indicator

a.
Level 3 assets indicator

a.
Level 3 assets indicator

Section 12: Cross-Jurisdictional Claims
Amount

a.Foreign claims on an ultimate risk basis (excluding derivatives activity)
a.
Foreign claims on an ultimate risk basis (excluding derivatives activity)

a.
Foreign claims on an ultimate risk basis (excluding derivatives activity)

b.Ancillary data:
b.
Ancillary data:

b.
Ancillary data:

(1)Foreign derivative claims on an ultimate risk basis
(1)
Foreign derivative claims on an ultimate risk basis

(1)
Foreign derivative claims on an ultimate risk basis

c.Cross-jurisdictional claims indicator (item 12.a)
c.
Cross-jurisdictional claims indicator (item 12.a)

c.
Cross-jurisdictional claims indicator (item 12.a)

a.
Foreign claims on an ultimate risk basis (excluding derivatives activity)

b.
Ancillary data:

(1)
Foreign derivative claims on an ultimate risk basis

c.
Cross-jurisdictional claims indicator (item 12.a)

Section 13: Cross-Jurisdictional Liabilities
Amount

a.Foreign liabilities (excluding derivatives and local liabilities in local currency)
a.
Foreign liabilities (excluding derivatives and local liabilities in local currency)

a.
Foreign liabilities (excluding derivatives and local liabilities in local currency)

(1)Any foreign liabilities to related offices included in item 13.a.
(1)
Any foreign liabilities to related offices included in item 13.a.

(1)
Any foreign liabilities to related offices included in item 13.a.

b.Local liabilities in local currency (excluding derivatives activity)
b.
Local liabilities in local currency (excluding derivatives activity)

b.
Local liabilities in local currency (excluding derivatives activity)

c.Ancillary data:
c.
Ancillary data:

c.
Ancillary data:

(1)Foreign derivative liabilities on an ultimate risk basis
(1)
Foreign derivative liabilities on an ultimate risk basis

(1)
Foreign derivative liabilities on an ultimate risk basis

d.Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))
d.
Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))

d.
Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))

a.
Foreign liabilities (excluding derivatives and local liabilities in local currency)

(1)
Any foreign liabilities to related offices included in item 13.a.

b.
Local liabilities in local currency (excluding derivatives activity)

c.
Ancillary data:

(1)
Foreign derivative liabilities on an ultimate risk basis

d.
Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))

Section 14: Ancillary Indicators
Amount

a.Total liabilities
a.
Total liabilities

a.
Total liabilities

b.Retail funding
b.
Retail funding

b.
Retail funding

c.Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)
c.
Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)

c.
Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)

d.Foreign net revenue
d.
Foreign net revenue

d.
Foreign net revenue

e.Total net revenue
e.
Total net revenue

e.
Total net revenue

f.Total gross revenue
f.
Total gross revenue

f.
Total gross revenue

g.Gross value of cash lent and gross fair value of securities lent in SFTs
g.
Gross value of cash lent and gross fair value of securities lent in SFTs

g.
Gross value of cash lent and gross fair value of securities lent in SFTs

h.Gross value of cash borrowed and gross fair value of securities borrowed in SFTs
h.
Gross value of cash borrowed and gross fair value of securities borrowed in SFTs

h.
Gross value of cash borrowed and gross fair value of securities borrowed in SFTs

i.Gross positive fair value of over-the-counter (OTC) derivatives transactions
i.
Gross positive fair value of over-the-counter (OTC) derivatives transactions

i.
Gross positive fair value of over-the-counter (OTC) derivatives transactions

j.Gross negative fair value of OTC derivatives transactions
j.
Gross negative fair value of OTC derivatives transactions

j.
Gross negative fair value of OTC derivatives transactions

Amount in single units

k.Number of jurisdictions
k.
Number of jurisdictions

k.
Number of jurisdictions

a.
Total liabilities

b.
Retail funding

c.
Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)

d.
Foreign net revenue

e.
Total net revenue

f.
Total gross revenue

g.
Gross value of cash lent and gross fair value of securities lent in SFTs

h.
Gross value of cash borrowed and gross fair value of securities borrowed in SFTs

i.
Gross positive fair value of over-the-counter (OTC) derivatives transactions

j.
Gross negative fair value of OTC derivatives transactions

k.
Number of jurisdictions

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012(1), and in particular the third subparagraph of Article 441(2) thereof,

(1) In order to help ensure global consistency in disclosure and transparency in the process of identification of global systemically important institutions (G-SIIs), those institutions are required to publicly disclose indicator values used in that process.

(2) The disclosure templates used by institutions identified as G-SIIs in accordance with Article 131 of Directive 2013/36/EU of the European Parliament and of the Council(2)should take into account international standards, particularly those issued by the Basel Committee on Banking Supervision.

(3) In order to ensure consistency and comparability of the collected information, the reporting reference date should be set to coincide with an institution’s financial year-end figures of the previous year or any other date agreed with its relevant authority.

(4) With a view to facilitating public access to the disclosed information, and seeing that data from all Member States are needed to perform the identification process, the European Banking Authority (EBA) should collect each institution’s information and publish it on its website.

(5) This Regulation is based on the draft implementing technical standards submitted by the EBA to the Commission.

(6) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(3),

HAS ADOPTED THIS REGULATION:
Uniform format

Article 1

G-SIIs shall fill out the template set out in the Annex to this Regulation in electronic format as published on the website of the European Banking Authority (EBA). By using that template, G-SIIs shall publicly disclose the values of the indicators used for determining the score of the institutions in accordance with the identification methodology referred to in Article 131 of Directive 2013/36/EU.

G-SIIs shall not be bound to disclose publicly the ancillary data and ancillary indicators.
Date of disclosure

Article 2

G-SIIs shall publicly disclose the financial year-end information referred to in Article 1 no later than four months after each financial year-end.

Relevant authorities may allow institutions whose financial year-end is 30 June to report indicator values based on their position at 31 December. In any case, the information shall be disclosed no later than 31 July.
Disclosure location

Article 3

Institutions may publicly disclose the values of the indicators specified in the template set out in the Annex to this Regulation in the medium they determine to disclose the information required by Part Eight of Regulation (EU) No 575/2013 in accordance with Article 434 of that Regulation.

Where the disclosures of the values of the indicators are not included in the medium referred to in the first paragraph, the G-SII shall provide a direct reference to the completed disclosures on the institution’s website or to the medium in which they are made available.

Without undue delay, following the disclosure of that information by the G-SIIs, relevant authorities shall send those completed templates to EBA for centralisation purposes on its website.
Article 4

This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.
THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012(1), and in particular the third subparagraph of Article 441(2) thereof,

(1) In order to help ensure global consistency in disclosure and transparency in the process of identification of global systemically important institutions (G-SIIs), those institutions are required to publicly disclose indicator values used in that process.

(2) The disclosure templates used by institutions identified as G-SIIs in accordance with Article 131 of Directive 2013/36/EU of the European Parliament and of the Council(2)should take into account international standards, particularly those issued by the Basel Committee on Banking Supervision.

(3) In order to ensure consistency and comparability of the collected information, the reporting reference date should be set to coincide with an institution’s financial year-end figures of the previous year or any other date agreed with its relevant authority.

(4) With a view to facilitating public access to the disclosed information, and seeing that data from all Member States are needed to perform the identification process, the European Banking Authority (EBA) should collect each institution’s information and publish it on its website.

(5) This Regulation is based on the draft implementing technical standards submitted by the EBA to the Commission.

(6) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(3),

HAS ADOPTED THIS REGULATION:
Uniform formatG-SIIs shall fill out the template set out in the Annex to this Regulation in electronic format as published on the website of the European Banking Authority (EBA). By using that template, G-SIIs shall publicly disclose the values of the indicators used for determining the score of the institutions in accordance with the identification methodology referred to in Article 131 of Directive 2013/36/EU.

G-SIIs shall not be bound to disclose publicly the ancillary data and ancillary indicators.
Date of disclosureG-SIIs shall publicly disclose the financial year-end information referred to in Article 1 no later than four months after each financial year-end.

Relevant authorities may allow institutions whose financial year-end is 30 June to report indicator values based on their position at 31 December. In any case, the information shall be disclosed no later than 31 July.
Disclosure locationInstitutions may publicly disclose the values of the indicators specified in the template set out in the Annex to this Regulation in the medium they determine to disclose the information required by Part Eight of Regulation (EU) No 575/2013 in accordance with Article 434 of that Regulation.

Where the disclosures of the values of the indicators are not included in the medium referred to in the first paragraph, the G-SII shall provide a direct reference to the completed disclosures on the institution’s website or to the medium in which they are made available.

Without undue delay, following the disclosure of that information by the G-SIIs, relevant authorities shall send those completed templates to EBA for centralisation purposes on its website.
This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.
General Bank DataANNEXData required to identify G-SIIs

Section 1: General Information | Response

a.General information provided by the national supervisor: | a. | General information provided by the national supervisor: | 

a. | General information provided by the national supervisor:

(1)Country code | (1) | Country code | 

(1) | Country code

(2)Bank name | (2) | Bank name | 

(2) | Bank name

(3)Submission date (yyyy-mm-dd) | (3) | Submission date (yyyy-mm-dd) | 

(3) | Submission date (yyyy-mm-dd)

b.General Information provided by the reporting institution: | b. | General Information provided by the reporting institution: | 

b. | General Information provided by the reporting institution:

(1)Reporting date (yyyy-mm-dd) | (1) | Reporting date (yyyy-mm-dd) | 

(1) | Reporting date (yyyy-mm-dd)

(2)Reporting currency | (2) | Reporting currency | 

(2) | Reporting currency

(3)Euro conversion rate | (3) | Euro conversion rate | 

(3) | Euro conversion rate

(4)Reporting unit | (4) | Reporting unit | 

(4) | Reporting unit

(5)Accounting standard | (5) | Accounting standard | 

(5) | Accounting standard

(6)Location of public disclosure | (6) | Location of public disclosure | 

(6) | Location of public disclosure

Size Indicator
Section 2: Total Exposures | Amount

a.Counterparty exposure of derivatives contracts (method 1) | a. | Counterparty exposure of derivatives contracts (method 1) | 

a. | Counterparty exposure of derivatives contracts (method 1)

b.Gross value of securities financing transactions (SFTs) | b. | Gross value of securities financing transactions (SFTs) | 

b. | Gross value of securities financing transactions (SFTs)

c.Counterparty exposure of SFTs | c. | Counterparty exposure of SFTs | 

c. | Counterparty exposure of SFTs

d.Other assets | d. | Other assets | 

d. | Other assets

(1)Securities received in SFTs that are recognised as assets | (1) | Securities received in SFTs that are recognised as assets | 

(1) | Securities received in SFTs that are recognised as assets

e.Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1)) | e. | Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1)) | 

e. | Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))

f.Potential future exposure of derivative contracts (method 1) | f. | Potential future exposure of derivative contracts (method 1) | 

f. | Potential future exposure of derivative contracts (method 1)

g.Notional amount of off-balance sheet items with a 0 % CCF | g. | Notional amount of off-balance sheet items with a 0 % CCF | 

g. | Notional amount of off-balance sheet items with a 0 % CCF

(1)Unconditionally cancellable credit card commitments | (1) | Unconditionally cancellable credit card commitments | 

(1) | Unconditionally cancellable credit card commitments

(2)Other unconditionally cancellable commitments | (2) | Other unconditionally cancellable commitments | 

(2) | Other unconditionally cancellable commitments

h.Notional amount of off-balance sheet items with a 20 % CCF | h. | Notional amount of off-balance sheet items with a 20 % CCF | 

h. | Notional amount of off-balance sheet items with a 20 % CCF

i.Notional amount of off-balance sheet items with a 50 % CCF | i. | Notional amount of off-balance sheet items with a 50 % CCF | 

i. | Notional amount of off-balance sheet items with a 50 % CCF

j.Notional amount of off-balance sheet items with a 100 % CCF | j. | Notional amount of off-balance sheet items with a 100 % CCF | 

j. | Notional amount of off-balance sheet items with a 100 % CCF

k.Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2)) | k. | Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2)) | 

k. | Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))

l.Entities consolidated for accounting purposes but not for risk-based regulatory purposes: | l. | Entities consolidated for accounting purposes but not for risk-based regulatory purposes: | 

l. | Entities consolidated for accounting purposes but not for risk-based regulatory purposes:

(1)On-balance sheet assets | (1) | On-balance sheet assets | 

(1) | On-balance sheet assets

(2)Potential future exposure of derivatives contracts | (2) | Potential future exposure of derivatives contracts | 

(2) | Potential future exposure of derivatives contracts

(3)Unconditionally cancellable commitments | (3) | Unconditionally cancellable commitments | 

(3) | Unconditionally cancellable commitments

(4)Other off-balance sheet commitments | (4) | Other off-balance sheet commitments | 

(4) | Other off-balance sheet commitments

(5)Investment value in the consolidated entities | (5) | Investment value in the consolidated entities | 

(5) | Investment value in the consolidated entities

m.Regulatory adjustments | m. | Regulatory adjustments | 

m. | Regulatory adjustments

n.Ancillary data: | n. | Ancillary data: | 

n. | Ancillary data:

(1)Receivables for cash collateral posted in derivatives transactions | (1) | Receivables for cash collateral posted in derivatives transactions | 

(1) | Receivables for cash collateral posted in derivatives transactions

(2)Net notional amount of credit derivatives | (2) | Net notional amount of credit derivatives | 

(2) | Net notional amount of credit derivatives

(3)Net notional amount of credit derivatives for entities in item 2.l. | (3) | Net notional amount of credit derivatives for entities in item 2.l. | 

(3) | Net notional amount of credit derivatives for entities in item 2.l.

(4)On and off-balance sheet exposures between entities included in item 2.l. | (4) | On and off-balance sheet exposures between entities included in item 2.l. | 

(4) | On and off-balance sheet exposures between entities included in item 2.l.

(5)On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes | (5) | On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes | 

(5) | On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes

(6)On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l. | (6) | On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l. | 

(6) | On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.

(7)Total exposures for the calculation of the leverage ratio (January 2014 definition) | (7) | Total exposures for the calculation of the leverage ratio (January 2014 definition) | 

(7) | Total exposures for the calculation of the leverage ratio (January 2014 definition)

o.Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m) | o. | Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m) | 

o. | Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)

Interconnectedness Indicators
Section 3: Intra-Financial System Assets | Amount

a.Funds deposited with or lent to other financial institutions | a. | Funds deposited with or lent to other financial institutions | 

a. | Funds deposited with or lent to other financial institutions

(1)Certificates of deposit | (1) | Certificates of deposit | 

(1) | Certificates of deposit

b.Undrawn committed lines extended to other financial institutions | b. | Undrawn committed lines extended to other financial institutions | 

b. | Undrawn committed lines extended to other financial institutions

c.Holdings of securities issued by other financial institutions: | c. | Holdings of securities issued by other financial institutions: | 

c. | Holdings of securities issued by other financial institutions:

(1)Secured debt securities | (1) | Secured debt securities | 

(1) | Secured debt securities

(2)Senior unsecured debt securities | (2) | Senior unsecured debt securities | 

(2) | Senior unsecured debt securities

(3)Subordinated debt securities | (3) | Subordinated debt securities | 

(3) | Subordinated debt securities

(4)Commercial paper | (4) | Commercial paper | 

(4) | Commercial paper

(5)Stock (including par and surplus of common and preferred shares) | (5) | Stock (including par and surplus of common and preferred shares) | 

(5) | Stock (including par and surplus of common and preferred shares)

(6)Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5) | (6) | Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5) | 

(6) | Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)

d.Net positive current exposure of securities financing transactions with other financial institutions | d. | Net positive current exposure of securities financing transactions with other financial institutions | 

d. | Net positive current exposure of securities financing transactions with other financial institutions

e.Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value: | e. | Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value: | 

e. | Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:

(1)Net positive fair value (include collateral held if it is within the master netting agreement) | (1) | Net positive fair value (include collateral held if it is within the master netting agreement) | 

(1) | Net positive fair value (include collateral held if it is within the master netting agreement)

(2)Potential future exposure | (2) | Potential future exposure | 

(2) | Potential future exposure

f.Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6)) | f. | Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6)) | 

f. | Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))
Section 4: Intra-Financial System Liabilities | Amount

a.Deposits due to depository institutions | a. | Deposits due to depository institutions | 

a. | Deposits due to depository institutions

b.Deposits due to non-depository financial institutions | b. | Deposits due to non-depository financial institutions | 

b. | Deposits due to non-depository financial institutions

c.Undrawn committed lines obtained from other financial institutions | c. | Undrawn committed lines obtained from other financial institutions | 

c. | Undrawn committed lines obtained from other financial institutions

d.Net negative current exposure of securities financing transactions with other financial institutions | d. | Net negative current exposure of securities financing transactions with other financial institutions | 

d. | Net negative current exposure of securities financing transactions with other financial institutions

e.OTC derivatives with other financial institutions that have a net negative fair value: | e. | OTC derivatives with other financial institutions that have a net negative fair value: | 

e. | OTC derivatives with other financial institutions that have a net negative fair value:

(1)Net negative fair value (include collateral provided if it is within the master netting agreement) | (1) | Net negative fair value (include collateral provided if it is within the master netting agreement) | 

(1) | Net negative fair value (include collateral provided if it is within the master netting agreement)

(2)Potential future exposure | (2) | Potential future exposure | 

(2) | Potential future exposure

f.Ancillary data: | f. | Ancillary data: | 

f. | Ancillary data:

(1)Funds borrowed from other financial institutions | (1) | Funds borrowed from other financial institutions | 

(1) | Funds borrowed from other financial institutions

(2)Certificates of deposit included in items 4.a and 4.b | (2) | Certificates of deposit included in items 4.a and 4.b | 

(2) | Certificates of deposit included in items 4.a and 4.b

g.Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2)) | g. | Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2)) | 

g. | Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))
Section 5: Securities Outstanding | Amount

a.Secured debt securities | a. | Secured debt securities | 

a. | Secured debt securities

b.Senior unsecured debt securities | b. | Senior unsecured debt securities | 

b. | Senior unsecured debt securities

c.Subordinated debt securities | c. | Subordinated debt securities | 

c. | Subordinated debt securities

d.Commercial paper | d. | Commercial paper | 

d. | Commercial paper

e.Certificates of deposit | e. | Certificates of deposit | 

e. | Certificates of deposit

f.Common equity | f. | Common equity | 

f. | Common equity

g.Preferred shares and any other forms of subordinated funding not captured in item 5.c. | g. | Preferred shares and any other forms of subordinated funding not captured in item 5.c. | 

g. | Preferred shares and any other forms of subordinated funding not captured in item 5.c.

h.Ancillary data: | h. | Ancillary data: | 

h. | Ancillary data:

(1)Book value of equities for which a market price is unavailable | (1) | Book value of equities for which a market price is unavailable | 

(1) | Book value of equities for which a market price is unavailable

i.Securities outstanding indicator (sum of items 5.a through 5.g) | i. | Securities outstanding indicator (sum of items 5.a through 5.g) | 

i. | Securities outstanding indicator (sum of items 5.a through 5.g)

Substitutability/Financial Institution Infrastructure Indicators
Section 6: Payments made in the reporting year (excluding intragroup payments) | Reported in | Amount in specified currency | Amount

a.Australian dollars | a. | Australian dollars | AUD |  | 

a. | Australian dollars

b.Brazilian real | b. | Brazilian real | BRL |  | 

b. | Brazilian real

c.Canadian dollars | c. | Canadian dollars | CAD |  | 

c. | Canadian dollars

d.Swiss francs | d. | Swiss francs | CHF |  | 

d. | Swiss francs

e.Chinese yuan | e. | Chinese yuan | CNY |  | 

e. | Chinese yuan

f.Euros | f. | Euros | EUR |  | 

f. | Euros

g.British pounds | g. | British pounds | GBP |  | 

g. | British pounds

h.Hong Kong dollars | h. | Hong Kong dollars | HKD |  | 

h. | Hong Kong dollars

i.Indian rupee | i. | Indian rupee | INR |  | 

i. | Indian rupee

j.Japanese yen | j. | Japanese yen | JPY |  | 

j. | Japanese yen

k.Swedish krona | k. | Swedish krona | SEK |  | 

k. | Swedish krona

l.United States dollars | l. | United States dollars | USD |  | 

l. | United States dollars

m.Ancillary data: | m. | Ancillary data:

m. | Ancillary data:

(1)Mexican pesos | (1) | Mexican pesos | MXN |  | 

(1) | Mexican pesos

(2)New Zealand dollars | (2) | New Zealand dollars | NZD |  | 

(2) | New Zealand dollars

(3)Russian rubles | (3) | Russian rubles | RUB |  | 

(3) | Russian rubles

n.Payments activity indicator (sum of items 6.a through 6.l) | n. | Payments activity indicator (sum of items 6.a through 6.l) | 

n. | Payments activity indicator (sum of items 6.a through 6.l)
Section 7: Assets Under Custody | Amount

a.Assets under custody indicator | a. | Assets under custody indicator | 

a. | Assets under custody indicator
Section 8: Underwritten Transactions in Debt and Equity Markets | Amount

a.Equity underwriting activity | a. | Equity underwriting activity | 

a. | Equity underwriting activity

b.Debt underwriting activity | b. | Debt underwriting activity | 

b. | Debt underwriting activity

c.Underwriting activity indicator (sum of items 8.a and 8.b) | c. | Underwriting activity indicator (sum of items 8.a and 8.b) | 

c. | Underwriting activity indicator (sum of items 8.a and 8.b)

Complexity Indicators
Section 9: Notional Amount of Over-the-Counter (OTC) Derivatives | Amount

a.OTC derivatives cleared through a central counterparty | a. | OTC derivatives cleared through a central counterparty | 

a. | OTC derivatives cleared through a central counterparty

b.OTC derivatives settled bilaterally | b. | OTC derivatives settled bilaterally | 

b. | OTC derivatives settled bilaterally

c.OTC derivatives indicator (sum of items 9.a and 9.b) | c. | OTC derivatives indicator (sum of items 9.a and 9.b) | 

c. | OTC derivatives indicator (sum of items 9.a and 9.b)
Section 10: Trading and Available-for-Sale Securities | Amount

a.Held-for-trading securities (HFT) | a. | Held-for-trading securities (HFT) | 

a. | Held-for-trading securities (HFT)

b.Available-for-sale securities (AFS) | b. | Available-for-sale securities (AFS) | 

b. | Available-for-sale securities (AFS)

c.Trading and AFS securities that meet the definition of Level 1 assets | c. | Trading and AFS securities that meet the definition of Level 1 assets | 

c. | Trading and AFS securities that meet the definition of Level 1 assets

d.Trading and AFS securities that meet the definition of Level 2 assets, with haircuts | d. | Trading and AFS securities that meet the definition of Level 2 assets, with haircuts | 

d. | Trading and AFS securities that meet the definition of Level 2 assets, with haircuts

e.Ancillary data: | e. | Ancillary data: | 

e. | Ancillary data:

(1)Held-to-maturity securities | (1) | Held-to-maturity securities | 

(1) | Held-to-maturity securities

f.Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d) | f. | Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d) | 

f. | Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)
Section 11: Level 3 Assets | Amount

a.Level 3 assets indicator | a. | Level 3 assets indicator | 

a. | Level 3 assets indicator

Cross-Jurisdictional Activity Indicators
Section 12: Cross-Jurisdictional Claims | Amount

a.Foreign claims on an ultimate risk basis (excluding derivatives activity) | a. | Foreign claims on an ultimate risk basis (excluding derivatives activity) | 

a. | Foreign claims on an ultimate risk basis (excluding derivatives activity)

b.Ancillary data: | b. | Ancillary data: | 

b. | Ancillary data:

(1)Foreign derivative claims on an ultimate risk basis | (1) | Foreign derivative claims on an ultimate risk basis | 

(1) | Foreign derivative claims on an ultimate risk basis

c.Cross-jurisdictional claims indicator (item 12.a) | c. | Cross-jurisdictional claims indicator (item 12.a) | 

c. | Cross-jurisdictional claims indicator (item 12.a)
Section 13: Cross-Jurisdictional Liabilities | Amount

a.Foreign liabilities (excluding derivatives and local liabilities in local currency) | a. | Foreign liabilities (excluding derivatives and local liabilities in local currency) | 

a. | Foreign liabilities (excluding derivatives and local liabilities in local currency)

(1)Any foreign liabilities to related offices included in item 13.a. | (1) | Any foreign liabilities to related offices included in item 13.a. | 

(1) | Any foreign liabilities to related offices included in item 13.a.

b.Local liabilities in local currency (excluding derivatives activity) | b. | Local liabilities in local currency (excluding derivatives activity) | 

b. | Local liabilities in local currency (excluding derivatives activity)

c.Ancillary data: | c. | Ancillary data: | 

c. | Ancillary data:

(1)Foreign derivative liabilities on an ultimate risk basis | (1) | Foreign derivative liabilities on an ultimate risk basis | 

(1) | Foreign derivative liabilities on an ultimate risk basis

d.Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1)) | d. | Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1)) | 

d. | Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))

Additional Indicators
Section 14: Ancillary Indicators | Amount

a.Total liabilities | a. | Total liabilities | 

a. | Total liabilities

b.Retail funding | b. | Retail funding | 

b. | Retail funding

c.Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a) | c. | Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a) | 

c. | Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)

d.Foreign net revenue | d. | Foreign net revenue | 

d. | Foreign net revenue

e.Total net revenue | e. | Total net revenue | 

e. | Total net revenue

f.Total gross revenue | f. | Total gross revenue | 

f. | Total gross revenue

g.Gross value of cash lent and gross fair value of securities lent in SFTs | g. | Gross value of cash lent and gross fair value of securities lent in SFTs | 

g. | Gross value of cash lent and gross fair value of securities lent in SFTs

h.Gross value of cash borrowed and gross fair value of securities borrowed in SFTs | h. | Gross value of cash borrowed and gross fair value of securities borrowed in SFTs | 

h. | Gross value of cash borrowed and gross fair value of securities borrowed in SFTs

i.Gross positive fair value of over-the-counter (OTC) derivatives transactions | i. | Gross positive fair value of over-the-counter (OTC) derivatives transactions | 

i. | Gross positive fair value of over-the-counter (OTC) derivatives transactions

j.Gross negative fair value of OTC derivatives transactions | j. | Gross negative fair value of OTC derivatives transactions | 

j. | Gross negative fair value of OTC derivatives transactions

 | Amount in single units

k.Number of jurisdictions | k. | Number of jurisdictions | 

k. | Number of jurisdictions

Pending: 32014R0999

                                January 16, 2026                            

24.9.2014
EN
Official Journal of the European Union
L 280/19



(1)
By Regulation (EC) No 2022/95(2), the Council imposed a definitive anti-dumping duty on imports of ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. Pursuant to a further investigation, which established that the duty was being absorbed, the measures were amended by Council Regulation (EC) No 663/98(3). Following a first expiry review and a first interim review pursuant to Articles 11(2) and 11(3) of Regulation (EC) No 1225/2009 (the basic Regulation) the Council, by Regulation (EC) No 658/2002(4), imposed a definitive anti-dumping duty of EUR 47,07 per tonne on imports of ammonium nitrate falling within CN codes 3102 30 90 and 3102 40 90 and originating in Russia. Subsequently, a product scope interim review pursuant to Article 11(3) of the basic Regulation was carried out and, by Council Regulation (EC) No 945/2005(5), a definitive anti-dumping duty ranging between EUR 41,42 per tonne and EUR 47,07 per tonne was imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, currently falling within CN codes 3102 30 90 , 3102 40 90 , ex 3102 29 00 , ex 3102 60 00 , ex 3102 90 00 , ex 3105 10 00 , ex 3105 20 10 , ex 3105 51 00 , ex 3105 59 00 and ex 3105 90 20 originating in Russia.



(2)
Following a second expiry review and a second partial interim review pursuant to Article 11(2) and (3) of the basic Regulation, the Council, by Regulation (EC) No 661/2008(6), maintained the measures in force. The duty was left unchanged, except for the EuroChem group(7), for which the fixed amount of duty ranged between EUR 28,88 and EUR 32,82 per tonne.



(3)
The European Commission (the Commission), by Decision 2008/577/EC(8), accepted the undertakings' offers with a quantitative ceiling from the Russian producers JSC Acron and JSC Dorogobuzh, members of Acron Holding Company (referred to jointly as Acron), and from EuroChem group. By Decision 2012/629/EU(9), the Commission withdrew its acceptance of the undertaking offered by the EuroChem Group because of the impracticability of the undertaking.



(4)
By judgment of 10 September 2008(10), interpreted by judgment of 9 July 2009(11), the General Court annulled Regulation (EC) No 945/2005 in so far as it concerned JSC Kirovo-Chepetsky Khimichesky Kombinat (Kirovo), part of OJSC UCC UralChem (UralChem). The Council, by Regulation (EC) No 989/2009(12), amended Regulation (EC) No 661/2008 accordingly. Consequently, for the company Kirovo the anti-dumping duty (EUR 47,07 per tonne) applies only to imports of ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90 .



(5)
Following the publication of a notice of impending expiry(13)of the anti-dumping measures in force, the Commission received a request for the initiation of an expiry review of those measures pursuant to Article 11(2) of the basic Regulation. The request was lodged on 28 March 2013 by a Union association of manufacturers of fertilisers, ‘Fertilisers Europe’ (the applicant) on behalf of Union producers representing more than 25 % of the total Union production of the product concerned.



(6)
The request was based on the grounds that the expiry of the measures would likely result in continuation and recurrence of dumping and injury to the Union industry.



(7)
Following disclosure, the Russian Fertilisers Producers Association (RFPA) claimed that the request for the review was only supported by a certain proportion of Union producers of fertiliser grade ammonium nitrate (FGAN) and that the Union producers of all grades of ammonium nitrate and of other ammonium nitrate fertilisers represent a volume three times bigger than the applicant. This claim is however unfounded since the applicant and the supporters of the request are producers of FGAN as well as of other products covered by this expiry review. Therefore, the request was not supported only by FGAN producers, but also by producers of other types of the product concerned and the quantitative threshold for initiating a review was met.



(8)
Having determined, after consulting the Advisory Committee, that sufficient evidence existed to justify the initiation of an expiry review, the Commission announced, on 12 July 2013, by a notice published in theOfficial Journal of the European Union, (notice of initiation)(14)the initiation of an expiry review under Article 11(2) of the basic Regulation.



(9)
RFPA submitted comments concerning the measures in force and challenged their legality prior to the initiation of the investigation. The same party also claimed that there were no grounds for the initiation of an expiry review based on the elements sent before the initiation to the Commission on the likelihood of continuation or recurrence of dumping and injury should measures expire.



(10)
The Commission services replied to that interested party that it examines in detail the views expressed by parties other than the applicants only after the initiation of the investigation.



(11)
The same interested party also requested access to the expiry review request in its version lodged on 28 March 2013, as referred to in the notice of initiation as well as to the deficiency letter issued by the Commission services to the applicants concerning their request for an expiry review in order to be able to better exercise its rights of defence. The Commission services informed the interested party that the decision to initiate an investigation was only based on the consolidated version of the request integrating the reply to the deficiency letter. Early versions and drafts are of no relevance. Therefore, not providing access to the initial version and the letter would not be in breach of the party's rights of defence. The party asked the Hearing Officer for DG Trade to intervene on this alleged breach of rights of defence. The Hearing Officer upheld the position of the Commission services on 4 March 2014.



(12)
The interested party also requested access to expiry review requests relating to two other different proceedings. The party claimed that these requests where rejected as unsubstantiated and that access to those documents would enable it to compare the circumstances of the two cases with the pending review, understand the Commission's analysis of the sufficiency of the request in each case and thus adequately exercise its rights of defence. The party received all clarifications from the Commission Services and the Hearing Officer upheld the position of the Commission services on 4 March 2014.



(13)
The investigation of a continuation and recurrence of dumping covered the period from 1 July 2012 to 30 June 2013 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a recurrence of injury covered the period from 1 January 2010 to 30 June 2013 (the period considered).



(14)
Following disclosure, RFPA claimed that compared to the previous expiry review leading to Regulation (EC) No 661/2008 there had been an unjustified change in methodology since the period considered in that review was longer.



(15)
The Commission considers that the circumstances alleged by RFPA do not qualify as a change in methodology for the purpose of Article 11(9) of the basic Regulation. In any event, the following should be noted. The Commission practice is that the period considered normally covers the RIP and the three preceding calendar years, unless the RIP itself covers a considerable part of the previous calendar year. In the latter situation, four calendar years may exceptionally be taken into account. This was the case in the previous expiry review. The claim is therefore dismissed.



(16)
In the notice of initiation, the Commission invited interested parties to contact it in order to participate in the investigation. In addition, the Commission specifically informed the applicants, other known Union producers, the known exporting producers and the authorities of Russia (country concerned), known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate.



(17)
Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer for Directorate-General for Trade.



(18)
In the notice of initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation.



(19)
In the notice of initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of production in the Union and sales volumes on the Union market of the like product during the RIP. This sample consisted of four Union producers located in France, Lithuania, Poland and the United Kingdom(15), representing around 42 % of the Union production and 41 % of the Union sales. The Commission invited interested parties to comment on the provisional sample.



(20)
An interested party claimed that the provisionally selected sample of Union producers should only include producers of ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90 as originally provided by Regulation (EC) No 2022/95, and not also producers of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, currently falling within CN codes ex 3102 29 00 , ex 3102 60 00 , ex 3102 90 00 , ex 3105 10 00 , ex 3105 20 10 , ex 3105 51 00 , ex 3105 59 00 and ex 3105 90 20 , as provided by Regulation (EC) No 945/2005.



(21)
The reason for this claim was that the judgment of the Court of First Instance in case T-348/05, referred to in recital 4, annulled Regulation (EC) No 945/2005 which expanded the product scope compared to the initial investigation.



(22)
This claim is unfounded. The judgment in question annulled Regulation (EC) No 945/2005 only in so far as it concerned one Russian exporting producer. For all the other Russian producers the applicable product scope remains the one specified in Regulation (EC) No 945/2005. In any event, all sampled Union producers produce ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90 . The solid fertilisers listed under the other CN codes are produced by the Union industry and are simply the result of additional chemical or blending activities to create compound fertilisers, also referred to as ‘stabilised fertilisers’ or ‘mixtures’, under the conditions that the nitrogen content exceeds 28 % by weight or the ammonium nitrate content exceeds 80 % by weight.



(23)
Therefore, the sample is representative of the Union industry.



(24)
To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the notice of initiation.



(25)
No unrelated importer replied to the sampling form and no sampling was therefore necessary.



(26)
To decide whether sampling was necessary and, if so, to select a sample, the Commission asked all exporting producers in Russia to provide the information specified in the notice of initiation. In addition, the Commission asked the Permanent Mission of Russia to the Union to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.



(27)
Eight exporting producers in the country concerned provided the requested information and agreed to be included in the sample. During the RIP, imports into the Union were made mainly under the undertakings that had been accepted. In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample of four exporting producers which could reasonably be investigated within the time available. These producers had the largest volume of total exports sales. They included the two companies that had export sales to the Union under the undertaking during the RIP. In accordance with Article 17(2) of the basic Regulation, all known exporting producers concerned, and the authorities of the country concerned, were consulted on the selection of the sample. No comments were made. The Commission thus decided to retain the proposed sample and all interested parties were accordingly informed of the finally selected sample.



(28)
The Commission selected the following four companies for the sample:—Acron,—EuroChem,—UralChem,—OJSC SBU Azot (SBU Azot).
—
Acron,
—
EuroChem,
—
UralChem,
—
OJSC SBU Azot (SBU Azot).

—
Acron,

—
EuroChem,

—
UralChem,

—
OJSC SBU Azot (SBU Azot).



—
Acron,



—
EuroChem,



—
UralChem,



—
OJSC SBU Azot (SBU Azot).



(29)
The sample represented 88 % of the total export sales from Russia in volume (to the Union and to third countries) during the RIP, based on the replies to the sampling forms.



(30)
The Commission sent questionnaires to all Russian exporting producers that had so requested, as well as to the sampled Union producers, users and trade associations that made themselves known within the time limits set out in the notice of initiation.



(31)
Questionnaire replies were received from the four sampled Russian exporting producers and from the four sampled Union producers. One trade association representing users, namely the National Farmers' Union of England and Wales (NFU), provided a partial questionnaire reply.



(32)
As regards the Russian exporting producers, only Acron provided a complete questionnaire reply. The other three sampled companies — EuroChem, UralChem and SBU Azot — provided only partial replies, limiting themselves to data on capacity, aggregate sales figures at an ex-works level and certain information on their cost of production. These partial replies did not allow the Commission to fully verify their sales data as well as their cost of production.



(33)
The Commission informed the three sampled exporting producers concerned about its intention to apply Article 18 of the basic Regulation regarding the information they failed to provide, and they have used their right to be heard by the Hearing Officer. In addition, in the specific disclosures to each of the three sampled exporting producers concerned the Commission indicated which data provided by each company it had used in its analysis and which data it considered incomplete and had thus used facts available in accordance with Article 18(1) of the basic Regulation. In particular, the Commission used aggregate sales figures at an ex-works level instead of detailed figures based on transaction-by-transaction listings.



(34)
Moreover, an association representing importers, the European Fertilisers Import Association (EFIA) asked to be recognised as an interested party on behalf of its members and submitted written comments. Three individual importers indicated they had ceased all imports of fertilisers originating in Russia.



(35)
Written submissions were also received from several associations of users, notably the Committee of Professional Agricultural Organisations in the EU (COPA)/General Confederation of Agricultural Cooperatives in the EU (Cogeca), NFU, and from the French associations Afcome (Association Française de Commercialisation et de Mélange d'Engrais) and AGPB (Association Générale des Producteurs de Blé et Autres Céréales).



(36)
The Commission sought and verified all the information deemed necessary for the determination of dumping, resulting injury and Union interest. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:Union producers—AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,—Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,—Grow How UK limited, Ince, United Kingdom,—Yara France SA, France.Exporting producers in Russia—JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),—Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),—OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),—Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).Related importer—Agronova Europe AG, Switzerland (related to Acron).
—
AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,
—
Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,
—
Grow How UK limited, Ince, United Kingdom,
—
Yara France SA, France.
—
JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),
—
Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),
—
OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),
—
Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).
—
Agronova Europe AG, Switzerland (related to Acron).

—
AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,

—
Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,

—
Grow How UK limited, Ince, United Kingdom,

—
Yara France SA, France.

—
JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),

—
Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),

—
OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),

—
Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).

—
Agronova Europe AG, Switzerland (related to Acron).



—
AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,



—
Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,



—
Grow How UK limited, Ince, United Kingdom,



—
Yara France SA, France.



—
JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),



—
Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),



—
OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),



—
Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).



—
Agronova Europe AG, Switzerland (related to Acron).



(37)
On 13 June 2014, the Commission disclosed to all interested parties the essential facts and considerations on the basis of which it intended to propose maintaining the anti-dumping measures in force and invited all interested parties to comment. The comments made by the interested parties were considered by the Commission and taken into account, where appropriate.



(38)
Following disclosure, RFPA repeated that a number of alleged procedural irregularities would have occurred during the review, and noted the Commission's refusal to grant access to the initial version of the request filed by the applicant on 28 March 2013 as well the allegedly untimely granting of access to the non-confidential file.



(39)
As regards the request to access the initial request for the review, the Commission services explained several times in writing and orally, including in meetings chaired by the Hearing Officer, the reasons why this request could not be accepted under the applicable legal framework.



(40)
As regards the allegedly untimely granting of the access to the non-confidential file, the Commission considers that even if this claim would be warranted, RFPA's rights of defence were not affected. First of all, the Commission disclosed to the RFPA in a timely manner the essential facts on the basis of which the Commission intended to continue the measures and gave RFPA sufficient time to react. Secondly, prior to this disclosure, RFPA had been granted access to the entire non-confidential file.



(41)
RFPA also claimed that ‘contrary to standard practice’, meetings held between the Commission services and the applicant in May and in April 2014 were not recorded in the non-confidential file and that the limited data submitted by the applicant in May 2014 were not accompanied by an adequate non-confidential summary.



(42)
It is standard practice that interested parties requesting a hearing present their views orally and accompany them with written submissions. The non-confidential versions of such submissions are inserted in the file open for inspection and made available to any other interested party. These documents record the meetings and hearing held by the Commission services. Therefore, this claim is dismissed as factually incorrect.



(43)
As regard the second claim, the non-confidential version of the limited data submitted in May 2014 could not be submitted in a different manner without disclosing business secrets of the Union producers. Therefore, also this claim cannot be accepted.



(44)
The product concerned by this review is the same as the product defined in Regulation (EC) No 661/2008, i.e. solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, currently falling within CN codes 3102 30 90 , 3102 40 90 , ex 3102 29 00 , ex 3102 60 00 , ex 3102 90 00 , ex 3105 10 00 , ex 3105 20 10 , ex 3105 51 00 , ex 3105 59 00 and ex 3105 90 20 and originating in Russia (hereinafter ‘AN’ or ‘the product concerned’). However, with regard to AN produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (Kirovo) only AN currently falling within CN codes 3102 30 90 and 3102 40 90 is the product concerned pursuant to Regulation (EC) No 989/2009.



(45)
The main raw material used in the production of AN is gas, which accounts for 70 % to 80 % of the total costs of production. The product scope extension in 2005 aimed to cover also ammonium nitrate to which were added phosphorus and/or potassium nutrients, since it was found out that these mixtures had essentially the same basic physical and chemical characteristics and the same agronomic properties.



(46)
It should be noted that the CN codes 3102 30 90 and 3102 40 90 (respectively, ‘ammonium nitrate other than in aqueous solutions’ and ‘mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight’) can include AN used for industrial purposes (such as the production of explosives) as well as AN used for agricultural purposes. Both types have the same technical and chemical characteristics, can easily be interchangeable and are considered as the product concerned.



(47)
Following disclosure, the representatives of the Russian authorities claimed that the product scope extension made in 2005 is inconsistent with the WTO Anti-Dumping Agreement because no determination of dumping, injury and causal link would have been made with respect to the additional products covered by the 2005 extension.



(48)
This claim is unfounded for the reasons already mentioned in recital 22 and therefore rejected.



(49)
As in the previous investigations, it was found that AN produced and sold on the domestic market in Russia and AN exported to the Union from Russia have the same basic physical and technical characteristics and uses. Therefore, they are like products for the purposes of the present investigation within the meaning of Article 1(4) of the basic Regulation.



(50)
The AN produced by the Union industry is a like product as regards physical and technical characteristics to the AN exported to the Union by Russia.



(51)
In accordance with Article 11(2) of the basic Regulation, the Commission examined whether the expiry of the existing measures would be likely to lead to a continuation or recurrence of dumping.



(52)
As indicated in recital 32, only one sampled exporting producer (Acron) fully cooperated in the investigation. However, as set out in recital 3, in 2008 the Commission accepted a price undertaking offer from Acron, which was still in force during the RIP. Due to the existence of the price undertaking Acron's export prices during the RIP were determined by that price undertaking which sets a minimum import price. Consequently, such export prices were not considered as a reliable element in assessing whether dumping would be likely to continue or recur should anti-dumping measures be allowed to lapse.



(53)
After disclosure, RFPA argued that this means that the Commission found that no actual dumping is taking place. This is not accurate. As the sampled Russian exporting producers, with the exception of Acron, did not fully cooperate, the Commission did not have sufficient data to carry out any dumping calculations on the basis of the companies' own data. For Acron it could have carried out a dumping calculation, but as explained in recital 52, the Commission considered that its data were not reliable for the purpose of this expiry review.



(54)
Acron claimed that the argument of the Commission that its actual prices to the EU are unreliable because of the existence of the price undertaking, and therefore cannot be used to establish an export price, was unlawful. However, this is not what the Commission argued. The Commission did not claim that export prices could not as such be used because of the price undertaking, but concluded that such export prices were considered an unreliable element in the analysis of the likelihood of continuation or recurrence of dumping in the specific circumstances of this investigation. The Commission does not consider export prices based on a price undertaking a meaningful indicator in the analysis of future behaviour of exporting producers in the absence of measures and any price undertaking.



(55)
Contrary to what was argued by Acron, its export prices to the EU cannot be considered to be only the result of normal market conditions. During the full RIP, Acron was the only Russian exporting producer which benefited from a price undertaking, all other Russian exporting producers were subject to the duties. These elements definitely affected the competitive position of Acron as the sole Russian supplier of the EU market.



(56)
In light of the considerations set out in recitals 52 to 55, the Commission analysed whether there was evidence of likelihood of recurrence of dumping should the measures lapse. It analysed the following factors: the export price from Russia to other destinations, the production capacity and spare capacity in Russia as a whole and the attractiveness of the Union market and other third markets.



(57)
The Commission established that Acron's weighted average ex-works export price to third countries markets such as Brazil, Colombia and Peru during the RIP was lower than the actual average domestic ex-works price paid or payable during the RIP. Acron therefore sold at dumped prices to third country markets, in particular to Brazil, by far the main third country export market.



(58)
For the three other sampled exporting producers the Commission also established that their weighted average ex-works sales prices to third countries such as Brazil, Peru, Colombia, Ukraine and Kazakhstan were for each of the three, lower than their average domestic ex-works prices paid or payable during the RIP and were thus also sold at dumped prices. This finding was based on verified data provided by Russian exporting producers, which accounted for around 80 % of the exports to third countries. Accordingly, there was no need for the Commission to resort to Russian export statistics, as the RFPA suggested. The export sales of all four sampled exporting producers to third countries were made at a sustainable price level during the RIP.



(59)
RFPA argued that data available in the disclosure document suggests that, as far as Eurochem is concerned, there is no dumping or, at best,de minimisdumping. The argument is misplaced. The purpose of the analysis is not to calculate the exact dumping margin of Eurochem but to determine whether there would be a likelihood of recurrence of dumping from Russia should measures be allowed to lapse. In that context, the investigation revealed that, also for Eurochem, average ex-works prices to third countries were lower than their average domestic ex-works prices and were thus sold at dumped prices. The pricing policy of Eurochem for sales to third countries (selling for export below domestic prices) is one relevant factor relied upon the overall determination that dumping to the EU would be likely to recur if measures were allowed to lapse.



(60)
RFPA argued that no appropriate methodologies were used in the dumping calculations. As explained, the Commission did not calculate dumping margins but simply compared average ex-works domestic prices with ex-works export prices based on data reported by the sampled companies. In a likelihood of recurrence of dumping analysis there is no need to calculate precise dumping margins, so there was no reason to use CIF values, as suggested by RFPA.



(61)
RFPA argued that the Commission did not compare prices on a product-by-product type basis and that no level-of-trade adjustment was made. The Commission analysed the claim and found a similar price difference even if the comparison would have been made on a product-by-product level. The level of trade adjustments could in any event not be made, as the sampled companies, except Acron, only partially cooperated and did not provide sufficiently detailed data, in particular detailed transaction-by-transaction listings. Therefore this argument is rejected.



(62)
Export sales to the Union during the RIP could not be used for the determining the future behaviour of the three other sampled exporting producers for the following reasons. During the RIP, EuroChem, like Acron, only exported under the price undertaking. EuroChem had sales to the Union only during the period it had an undertaking in force, while it had no sales after the undertaking was withdrawn on 11 October 2012 by the Commission by means of Decision 2012/629/EU. As far as SBU Azot and UralChem are concerned, they did not sell the product concerned to the Union during the RIP.



(63)
The Commission did not consider it necessary to determine whether the domestic sales were made in the ordinary course of trade. Indeed the actual domestic prices already show that export sales to third country markets are dumped. Therefore, an examination of the profitability of domestic sales, with the potential consequence that the normal value would need to be constructed (on the basis of costs and reasonable profit) if such sales were found to be loss-making, could only have led to an increase of the normal value and hence of the dumping margin found for export sales to third country markets.



(64)
In the context of an expiry review and the analysis of the likelihood of recurrence of dumping, it is sufficient to establish that dumping is likely to recur should measures lapse. As a consequence, the Commission saw no need to analyse the profitability of domestic sales and, accordingly, it did not assess the reliability of the costs of production in accordance with Article 2(5) of the basic Regulation.



(65)
In view of these considerations, the Commission concludes that the Russian exporting producers currently sell the product concerned at dumped prices to third countries in Latin America, Eastern Europe, Africa and Asia. During the RIP the average ex-works export price of the four sampled exporting producers was 201 EUR/tonne to third countries, while the average ex-works domestic price was 221 EUR/tonne. Therefore, the Commission considers that it is likely that, if the current measures were to be repealed, the Russian exporting producers would also sell to the Union at dumped levels.



(66)
RFPA claimed that a comparison of Russian domestic prices with Russian export prices to third countries is meaningless. The Commission however, considers in this respect that these prices are an important indicator in the assessment as to how future exports to the Union are likely to develop in case measures lapse, as Russian exports to most third countries are not subject to anti-dumping duties. In particular in the absence of reliable data about Russian exports to the Union during the RIP, as explained in recital 52, export prices to third countries are an important element in this overall assessment.



(67)
The Russian government and Acron argued in this respect that the continuation of measures is already illegal based on the fact that such measures were imposed, by Regulation (EC) No 661/2008, in the first place using the alleged illegal gas adjustment methodology in constructing the normal value.



(68)
As set out in recital 63, in this investigation the Commission did not consider it necessary to determine whether the domestic sales were made in the ordinary course of trade with the potential consequence that the normal value would have to be constructed. As Acron correctly pointed out in its submission after disclosure, this does not preclude the construction of the normal value, including necessary adjustments, where appropriate in any future investigations.



(69)
The Commission established the spare capacity of the known Russian producers on the following basis. The data on spare capacity for the four sampled companies were based on their questionnaire replies, corrected where necessary following the verification visits. For plants which produce both ammonium nitrate used as a fertiliser and ammonium nitrate used for industrial purposes (such as the production of explosives), the so-called low-density ammonium nitrate, which is also the product concerned as set out in recital 46, their total spare capacity was taken into account. In the same vein, the spare capacity of plants which produce only ammonium nitrate used for industrial purposes was also taken into account. In addition, the total spare capacity of Kirovo was included in the spare capacity calculation as the spare capacity of other types of ammonium nitrate currently excluded from the application of the anti-dumping measures(16)can very easily be used for producing ammonium nitrate currently falling within CN codes 3102 30 90 and 3102 40 90 .



(70)
Of the remaining five Russian producers one company provided the Commission with an individual reply on its spare capacity. For the rest the data was provided by RFPA.



(71)
Where the actual production figures submitted by the non-sampled Russian producers were higher than the reported capacity, the actual production was taken as a basis to determine the actual capacity. In those cases, the reported capacity concerned name plate capacities (that is the designed capacity of the plants) which have not been corrected after the plants have had an update which resulted in an increase of their capacity.



(72)
On that basis, the Commission established that during the RIP the Russian exporting producers had a total of 9 592 000 tonnes capacity, while their actual production (including ammonium nitrate used for industrial purposes and other types of ammonium nitrate currently excluded from the application of the anti-dumping measures(17)) was 8 519 105 tonnes.



(73)
Consequently and contrary to the allegations from RFPA that the exporting producers' installed capacity is fully utilised, during the RIP the exporting producers had 1,07 million tonnes spare capacity. The latter quantity corresponds to 16,9 % of the Union consumption (based on the established 6,35 million tonnes consumption during the RIP, see Section 5.1 below).



(74)
However, the Commission also established in the context of its prospective analysis that after the RIP the capacity would further increase by approximately 472 000 tonnes due to the installation of new capacities by some of the sampled exporting producers. The total spare capacity thus amounts to 24,3 % of the Union consumption.



(75)
After disclosure, RFPA maintained that no spare capacities exist or at the very least that the Commission should analyse the fact that no spare nameplate capacities exist. Also, RFPA disagreed that new capacities were build up after the RIP.



(76)
RFPA and the Russian exporting producers reported their installed capacity based on the nameplate theoretical capacity, which in some cases did not take into account recent upgrades. This was clear to the Commission following the verification visits and taken into account. As correctly stated by RFPA in its submission after disclosure, for non-sampled Russian producers the reported nameplate capacity was accepted for those non-sampled Russian producers who produced less than the reported capacity. For other non-sampled producers, where the reported actual production figures were higher than the reported capacity, the actual production was taken as a basis to determine the real capacity. For three non-sampled producers, which did not submit any data on capacity and production, the data provided by RFPA were used.



(77)
The Commission considers this a clear and coherent approach when establishing the total production capacity of Russian producers of the product concerned. Contrary to what was alleged, the same methodology was applied to all producers. If the actual production was higher than the reported name plate capacity, for example due to an update of production facilities, the Commission sees no reason why such additional capacity cannot factually be taken into account given that it is obvious that the nameplate capacity is not accurate. The argument that such methodology is not common in the market, as alleged, is not considered a reason to neglect the actual production data. Also, the way in which the capacity of the Union industry is calculated, as brought forward by RFPA, is irrelevant in the determination of the total production capacity of the Russian producers.



(78)
Contrary to what was alleged by RFPA, the non-use of the reported nameplate capacities in some cases and their replacement with actual, mostly verified, production data does not mean that the Commission has applied the concept of best facts available in the sense of Article 18 of the basic Regulation. As regards the capacity, the Commission has made full use of the data provided by the Russian producers themselves, but applied a methodology to calculate the total production capacity, whereby not only the nameplate capacity but also the actual production and capacity was taken into account. This methodology was set out in the general disclosure document, and the result of the application of this methodology, per company and even per plant, was disclosed to the companies concerned. Accordingly, in the determination of the total production capacity, the Commission has only made use of data that were provided by Russian producers and RFPA. All relevant data were provided and there was no need to resort to other sources of data in this respect.



(79)
In general, as regards the producers that were not inspected, the data on capacity and production reported by these producers in their replies were used. RFPA provided comments on the calculation of the capacity of certain companies and plants. It was argued that, regarding the producer UralChem Kirovo, the production volume in the RIP, as set out in the disclosure document, was not correct. The Commission accepted this point and used instead the production volume as mentioned in the submission after disclosure. The technical report on the capacity, provided during the plant visit, which was related to the maximum production of AN reached by the plant in question as was correctly pointed out by RFPA, was taken into consideration as well. Regarding the producer UralChem Berezniki, in the calculation of the capacity a number of 10 days for maintenance was used as reported by this company during the verification visit. Comments received after disclosure on additional stoppages were not substantiated and appeared to be based on data of another company. These comments were therefore rejected.



(80)
Equally, comments regarding certain bottlenecks in the production process of other plants, were not substantiated, could not be verified and were therefore not taken into account either. Regarding one particular plant, the bottleneck appeared to relate to the production of nitric acid. However, even taking into account the alleged maximum production of nitric acid, it would still be possible to reach the capacity as established by the Commission, taking into account the fact that in order to produce one tonne of AN, less than one tonne of nitric acid is needed.



(81)
As far as the increase of capacity after the RIP is concerned, it was argued by RFPA that the increase of capacity with regard to one producer which made an investment related to a new production line was overestimated. However, the Commission based the projected capacity on the English translation of a technical report with regard to this new production line, which was provided by the company during the verification visit at the company's premises, and therefore considered to be reliable.



(82)
Acron argued that it does not have significant spare capacity, mainly due to difficulties with regard to access to raw materials. However, the investigation revealed that the raw materials were not only used to produce the product concerned but also many other products. In view of this widespread use and, accordingly, the possibility to easily shift the use of the raw materials to the production of the product concerned, such alleged difficulties were not considered as an element which would limit the total production capacity of the product concerned.



(83)
The use of the methodology described in the previous recitals has led the Commission to the conclusion that a significant overcapacity exists. The arguments brought forward by RFPA and Acron could not be substantiated and are rejected.



(84)
The Commission considers that, if the current measures were to be removed, at least part of this spare capacity is likely to be used and directed to the Union markets for the following reasons.



(85)
First, some of the potentially largest export markets for AN in the world (such as the United States of America and Australia) remain protected by anti-dumping measures from Russian exports. Moreover, the Chinese market continues to be closed to imports of AN. Therefore, Russian producers are unlikely or unable to export to those markets.



(86)
On 22 May 2014 the US Department of Commerce published the preliminary results of an Antidumping Duty Administrative Review(18)proposing that Acron and EuroChem get zero duties for their exports of AN to the USA. However, even if this proposal were to be confirmed, the duties currently in force will still apply to all other exporting producers from Russia. In addition, pursuant to Section 751(a)(2) of the US Tariff Act of 1930, as amended (the Act) the removal of the duties for Acron and EuroChem will be applicable only for one year and will be then subject to another annual administrative review, which may, depending on the outcome of that review, reinstall the anti-dumping duties. Finally, the US market of AN used as a fertiliser has been decreasing in the last decade due to increasing security requirements and dealers' unwillingness to continue to handle AN(19). Moreover, due to the shale gas extraction, which started in the recent years, the US AN producers now have access to cheaper gas. Therefore, it is likely that Acron and EuroChem would face strong competition and may not be able to gain substantial market shares in the US.



(87)
RFPA argued that the other main export destinations for Russian AN, such as Latin America (especially Brazil), Egypt and Turkey will grow significantly until 2017 in comparison with 2012. They quoted a report which projected an overall increase by 15 % of the demand for AN for Brazil, Egypt, Peru, Turkey, Ecuador and Colombia taken together. This increase equals to 749 000 tonnes (i.e. from 4,851 million tonnes 2012 to 5,6 million tonnes in 2017), that is an average increase by 149 800 tonnes per year. However, this is only 9,7 % of the estimated yearly spare capacity of the Russian producers. The applicant claims that the increased consumption in those countries would be partially taken over by future domestic production as the countries in question allegedly have a number of projects for building their own capacity in the production of AN or other nitrogen based fertilisers. Irrespective of whether those projects would indeed be realised and would take over at least partially the increase in consumption, the Commission considers that the projected consumption in the countries in question is at a level which would only allow for the partial absorption of the Russian producers' spare capacity.



(88)
After disclosure, RFPA argued that the Commission did not take into account increases in consumption in other third country markets for Russian AN, notably in the former Soviet Union (FSU) region. However, in one of the main markets in that region, Ukraine, anti-dumping duties on imports of Russian AN are in place as well. In July 2014 the duties were extended for a period of five years and the level of the duties was raised significantly. So this market is closing down even further for imports of Russian AN.



(89)
Furthermore, the price level in other markets, like for example in Kazakhstan, is such that it would be more attractive for Russian exporting producers to direct their exports to the Union. Also, these markets are much smaller than the Union market. For example, consumption in Kazakhstan is less than 4 % of the consumption in the Union.



(90)
In addition, it was argued that the projected growth of other main export destinations was not correctly calculated. However, the data used were based on the independent report cited in recital 87. Even if these data would appear to be underestimated as alleged, the projected growth in demand can still easily be met by using only a part of the spare capacity of the Russian producers.



(91)
Second, the domestic market is not likely to absorb the spare capacity. RFPA argued that, according to the same report, consumption in Russia also remains strong, is projected to increase in the future, and Russian producers will primarily try to satisfy the domestic market. RFPA repeated this argument after disclosure. However during the RIP domestic sales were 53 % of the total sales of the Russian producers and the projected increase by 3 % each year for the next 5 years (on average approximately 120 000 tonnes per year) could be easily covered by the spare capacity the Russian producers already have at their disposal. The projected yearly increase constitutes less than 7,8 % of the estimated yearly spare capacity of the Russian producers after the RIP. In addition, the future increase in consumption is only a forecast and may not happen or be at a slower pace as, according to the same report, there were significant fluctuations in the domestic consumption which occurred in the past five years in comparison with the Union or third countries' consumption(20).



(92)
Third, the Union remains the most important AN market in the world, as it accounts for around 18 % of global consumption. Its geographical proximity to Russia as well as the fact that some of the Russian exporters have well-established distribution channels in the Union facilitates logistically the exports.



(93)
Following disclosure, RFPA claimed that alleged technical barriers to trade for entry of Russian AN into the Union should be considered, namely the ban on sales (in Germany) or strict regulation on storage of AN in certain other Member States. However, contrary to RFPA's claims, those limitations apply to both exporters from third countries and Union producers in a non-discriminatory way and do not disproportionately affect imports. In addition, those limitations have not had an impact on the overall attractiveness of the Union market as it remains among the biggest ones in the world in terms of consumption. Therefore the Commission rejects this claim.



(94)
The Commission therefore concludes that the Russian producers dispose of significant spare capacity which is very likely to be used for substantial additional exports to the Union, should the measures lapse.



(95)
The price level in the Union is currently much higher than in major third countries currently supplied by Russia and in the Russian domestic market. During the RIP the average ex-works export price (201 EUR/tonne) to third countries and the average ex-works domestic price (221 EUR/tonne) of the four sampled exporting producers were respectively 34 % and 27 % lower than the average ex-works price of the sampled Union producers (303 EUR/tonne) (see Table 7) and also lower than the average ex-works price of imports from Russia to the Union (see Table 2) and from third countries to the Union (see Table 3).



(96)
Should measures be repealed, Union prices are likely to fall as a result of increasing supply of lower priced imports. However, in view of the important gap between the export prices of Russian exporting producers to third countries and the prices charged during the RIP on the Union market by Russian exporting producers, exporting producers from third countries and Union producers, it appears unlikely that prices charged on the Union market will fall to the level currently observed on third country markets to which the Russian producers export. The exporting producers are therefore likely to strive to achieve a higher profit margin by selling to the Union. As a result, the exporting producers are likely to have an incentive to redirect part of their current export volumes to third countries (amounting to approximately 3,4 million tonnes in the RIP equivalent to more than 50 % of Union consumption) to the Union(21).



(97)
In view of the considerations set out in Section 3.3, the Commission concludes that there is likelihood of recurrence of dumping and of a substantial increase of the quantities exported to the Union, should the measures in force lapse.



(98)
The Union industry was defined as the known producers of AN in the Union during the period considered.



(99)
As indicated in recital 19, a sample consisting of four companies was selected. All sampled Union producers cooperated, sent questionnaire replies within the deadlines and were visited during the investigation. In addition, Fertilisers Europe provided additional data concerning capacity, production and sales of the non-sampled cooperating producers and estimates for the remaining producers. When possible, the Commission cross checked those data with data supplied by other interested parties and/or publicly available data.



(100)
Following disclosure, RFPA claimed that the sample chosen by the Commission was not representative of the Union industry. The claim is based on the allegation that the same economic indicators (notably profitability) differ between the sampled companies and the Union industry overall.



(101)
This claim cannot be accepted. The four sampled companies were selected objectively on the basis of their volume of production and sales of the product concerned in the Union as provided under Article 17(1) of the basic Regulation. The purpose of sampling is to allow the Commission services to carry out a detailed investigation of some of the injury factors for a representative part of the Union industry in the time available. The fact that some injury indicators might differ between the sampled companies and the total Union industry does not render the sample unrepresentative. Given that the data of the sampled producers have been verified on-the-spot at the premises of the companies concerned, this is considered to be reliable data. In any event, as mentioned in recital 145, the Union industry was found not to be in an injurious situation during the RIP.



(102)
In addition, RFPA claimed that some of the sampled companies failed to cooperate with the Commission by not providing certain data or providing only partial and incorrect data. As a consequence, RFPA requested that those data should not be relied upon to draw conclusions on the state of the Union industry and that adverse inferences should be drawn from the lack of cooperation by the Union industry, or the indicators for the entire Union industry, should be used instead.



(103)
This claim cannot be accepted. The Commission is satisfied with the data provided by the sampled companies, which has been verified on-the-spot at the premises of the companies concerned and forms a reliable part of the assessment of the situation of the Union industry.



(104)
The Commission established the apparent Union consumption on the basis of: (i) the volume of sales of the Union industry on the Union market based on data provided by the applicant; and (ii) imports from third countries based on data extracted from the Article 14(6) database(22).



(105)
Union consumption developed as follows:Table 1Union consumption (metric tonnes)201020112012RIPTotal Union consumption7 174 8636 674 5006 698 7226 356 761Index (2010 = 100)100939389Source:Data provided by the applicant, verified data and Article 14(6) database data

2010
2011
2012
RIP
Total Union consumption
7 174 863
6 674 500
6 698 722
6 356 761
Index (2010 = 100)
100
93
93
89
Source:Data provided by the applicant, verified data and Article 14(6) database data


2010
2011
2012
RIP

Total Union consumption
7 174 863
6 674 500
6 698 722
6 356 761

Index (2010 = 100)
100
93
93
89

Source:Data provided by the applicant, verified data and Article 14(6) database data




2010
2011
2012
RIP

Total Union consumption
7 174 863
6 674 500
6 698 722
6 356 761

Index (2010 = 100)
100
93
93
89

Source:Data provided by the applicant, verified data and Article 14(6) database data



(106)
Between 2010 and the RIP, the Union consumption of AN decreased by 11 %, notwithstanding the fact that the production of agricultural product did not decrease correspondingly. There are three main reasons for such a decrease. First of all, spreading equipment and techniques have improved and as a consequence a lesser quantity of fertilisers is needed per square metre of land. Second, the decrease in AN consumption is compensated by the use of other fertilisers such as calcium ammonium nitrate or compound fertilisers. Third, safety concerns and strict rules about production and storage of ammonium nitrate discourage the use of this product.



(107)
Following disclosure, RFPA requested additional information on the sources of the data on consumption disclosed by the Commission and a hearing took place chaired by the Hearing Officer on 26 June 2014. Subsequently, RFPA claimed that the data provided by the applicant had been submitted at too late a stage of the proceeding, were unverified and incoherent with data provided previously by the applicant. In addition, RFPA claimed that those data most probably did not include data on technical ammonium nitrate and on mixtures of ammonium nitrates with other fertilising or not-fertilising substances, since they differed from similar data available to the applicant and provided to its members. Therefore, they should be disregarded and best facts available should be used instead.



(108)
This claim is rejected. The Commission made use of the data provided by the applicant for the EU sales and cross-checked those data with the verified data of the sampled producers. To those figures, imports data were added to establish the consumption in the Union. It is therefore considered that this data are reliable.



(109)
RFPA also claimed that the basis for the Commission's calculation of the total Union consumption is understated, and that, on the basis of a report published by an independent market analyst, consumption is increasing rather than decreasing. More specifically, the data taken from this report concerning the Union FGAN and EGAN (explosive grade ammonium nitrate) demand for 2010 match the Commission data in the region of 7,1 million tonnes, but the former data increase rather than decrease over the following years.



(110)
This claim is unfounded since the Commission made use of actual data provided by the applicant which were partly verified plus available statistical data and considers this data as reliable.



(111)
The volumes, market shares and average prices of the imports from Russia of the product concerned developed as set out below:Table 2Import volume (metric tonnes), market share and prices201020112012RIPVolume of imports (tonnes)164 658134 060200 542199 604Index10081122121Market share2,3 %2 %3 %3,1 %Index10088130137Average CIF price (EUR/tonne)201258262264Index100128130131Source:Article 14(6) database

2010
2011
2012
RIP
Volume of imports (tonnes)
164 658
134 060
200 542
199 604
Index
100
81
122
121
Market share
2,3 %
2 %
3 %
3,1 %
Index
100
88
130
137
Average CIF price (EUR/tonne)
201
258
262
264
Index
100
128
130
131
Source:Article 14(6) database


2010
2011
2012
RIP

Volume of imports (tonnes)
164 658
134 060
200 542
199 604

Index
100
81
122
121

Market share
2,3 %
2 %
3 %
3,1 %

Index
100
88
130
137

Average CIF price (EUR/tonne)
201
258
262
264

Index
100
128
130
131

Source:Article 14(6) database




2010
2011
2012
RIP

Volume of imports (tonnes)
164 658
134 060
200 542
199 604

Index
100
81
122
121

Market share
2,3 %
2 %
3 %
3,1 %

Index
100
88
130
137

Average CIF price (EUR/tonne)
201
258
262
264

Index
100
128
130
131

Source:Article 14(6) database



(112)
The volume of imports from Russia increased by more than 20 % over the period considered. Their market share increased by more than 30 % from 2,3 % in 2010 to 3,1 % in the RIP. CIF prices evolved from 201 to 264 EUR/tonne during the period considered. By comparing the average Russian CIF export prices to the Union with the average ex-works prices of the Union producers during the RIP, it appears that the Russian prices are undercutting the Union prices. The average ex-work sales price of the sampled Union producers to unrelated customers in the Union during the RIP was EUR 303 per tonne. However, as indicated in Section 3, almost all exporting producers which sold the product concerned during the RIP had price undertakings and their export prices to the EU were determined by those price undertakings which set minimum import prices. Consequently, such export prices cannot be considered as a reliable indicator in order to carry out a reliable and meaningful undercutting calculation.



(113)
Following disclosure, RFPA commented that the Commission's price undercutting and underselling calculations are incorrect, as they require multiple adjustments (for ordinary customs duties, post-importation costs, differences in the product, packaging, and the level of trade). RFPA also commented that compared to a previous expiry review in 2002, there was a change in methodology regarding the use of adjustments. RFPA further suggested that the export sales prices to the Union of a Russian producer which is not benefitting from an undertaking as well as the export prices of a Russian producer exempted from anti-dumping duties should be used for the purpose of undercutting calculation.



(114)
In this regard it suffices to recall that the Commission did not carry out any undercutting and underselling calculations for the reasons referred to in recital 112. Therefore these claims are unfounded.



(115)
The volume of imports from other third countries during the period considered are shown in the table below. The following quantity and price trends are also based on Eurostat.Table 3Import volume (metric tonnes), market share and prices201020112012RIPOther third countriesVolume in tonnes348 100312 043295 139285 962Index100908582Market share4,85 %4,68 %4,41 %4,50 %Index100969193Average price (CIF)201270279275Index100134139137Source:Eurostat


2010
2011
2012
RIP
Other third countries
Volume in tonnes
348 100
312 043
295 139
285 962

Index
100
90
85
82

Market share
4,85 %
4,68 %
4,41 %
4,50 %

Index
100
96
91
93

Average price (CIF)
201
270
279
275

Index
100
134
139
137
Source:Eurostat



2010
2011
2012
RIP

Other third countries
Volume in tonnes
348 100
312 043
295 139
285 962


Index
100
90
85
82


Market share
4,85 %
4,68 %
4,41 %
4,50 %


Index
100
96
91
93


Average price (CIF)
201
270
279
275


Index
100
134
139
137

Source:Eurostat





2010
2011
2012
RIP

Other third countries
Volume in tonnes
348 100
312 043
295 139
285 962


Index
100
90
85
82


Market share
4,85 %
4,68 %
4,41 %
4,50 %


Index
100
96
91
93


Average price (CIF)
201
270
279
275


Index
100
134
139
137

Source:Eurostat



(116)
AN is imported mainly from Ukraine, Georgia and Serbia. Anti-dumping measures in force against imports of AN from Ukraine expired in 2012. The total volume of imports originating in third countries other than Russia decreased; their market share remained broadly stable over the period considered, and above the market share of Russian imports. This can be explained by the decrease in consumption over the same period The overall average prices of imports from other countries increased in line with the same trend for Russian prices and Union prices.



(117)
In accordance with Article 3(5) of the basic Regulation, the Commission examined all economic factors and indices having a bearing on the state of the Union industry.



(118)
For the purpose of the injury analysis, the economic situation of the Union industry is assessed on the basis of macroeconomic indicators (production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, and recovery from past dumping) and microeconomic indicators (average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital). The former are based on data provided by the applicant in the initial request for a review and in subsequent submissions and from statistics and relate to all known Union producers. The latter are based on data contained in the questionnaire replies from the sampled Union producers and verified during the investigation.



(119)
The current expiry review has confirmed the findings of the previous investigations that gathering accurate and reliable data on capacity and production of the product concerned is a complex exercise. The solid fertiliser is obtained in the particulation plant (prilling tower) after the production of the melt/liquor ammonium nitrate via a chemical synthesis process. The melt/liquor can be used to produce the solid product but also other downstream products, such as calcium ammonium nitrate. In addition, the solid product can be used as fertilisers but also for industrial purposes. Statistical distortions can occur due to the existence of multi-purpose plants that can switch quickly production to or from other fertilisers. A low capacity utilisation rate for the product concerned is therefore a less meaningful indicator of the overall economic situation of the Union industry.



(120)
Bearing in mind these caveats, the total Union production, production capacity and capacity utilisation developed over the period considered as follows:Table 4Production, production capacity and capacity utilisation201020112012RIPProduction volume (in tonnes)6 963 7536 877 8067 143 6116 911 630Index1009910399Production capacity (in tonnes)15 132 23815 292 51215 499 48715 475 487Index100101102102Capacity utilisation46 %45 %46 %45 %Index1009810098Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies

2010
2011
2012
RIP
Production volume (in tonnes)
6 963 753
6 877 806
7 143 611
6 911 630
Index
100
99
103
99
Production capacity (in tonnes)
15 132 238
15 292 512
15 499 487
15 475 487
Index
100
101
102
102
Capacity utilisation
46 %
45 %
46 %
45 %
Index
100
98
100
98
Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies


2010
2011
2012
RIP

Production volume (in tonnes)
6 963 753
6 877 806
7 143 611
6 911 630

Index
100
99
103
99

Production capacity (in tonnes)
15 132 238
15 292 512
15 499 487
15 475 487

Index
100
101
102
102

Capacity utilisation
46 %
45 %
46 %
45 %

Index
100
98
100
98

Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies




2010
2011
2012
RIP

Production volume (in tonnes)
6 963 753
6 877 806
7 143 611
6 911 630

Index
100
99
103
99

Production capacity (in tonnes)
15 132 238
15 292 512
15 499 487
15 475 487

Index
100
101
102
102

Capacity utilisation
46 %
45 %
46 %
45 %

Index
100
98
100
98

Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies



(121)
The Union industry's production of the product concerned remained relatively stable between 2010 and the RIP, in the region of 7 million tonnes.



(122)
The production capacity also remained broadly stable throughout the period. The production capacity reported by the Union industry takes into account the total AN production capacity, not only for the product concerned but also other products. Indeed, the actual AN capacity utilisation is considerably higher when these other products are taken into account. For instance, on the basis of the verified data of the sampled Union producers, the capacity utilisation during the period considered was around 20 percentage points higher (from 72 % in 2010 to 68 % during the RIP).



(123)
The Sales volumes of the Union industry on the Union market to unrelated customers and the market share developed over the period considered as follows:Table 5Sales volume and market share201020112012RIPSales volume on the Union market (in tonnes)6 662 1066 228 3966 203 0415 871 195Index100939388Market share92,9 %93,3 %92,6 %92,4 %Index10010010099Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies

2010
2011
2012
RIP
Sales volume on the Union market (in tonnes)
6 662 106
6 228 396
6 203 041
5 871 195
Index
100
93
93
88
Market share
92,9 %
93,3 %
92,6 %
92,4 %
Index
100
100
100
99
Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies


2010
2011
2012
RIP

Sales volume on the Union market (in tonnes)
6 662 106
6 228 396
6 203 041
5 871 195

Index
100
93
93
88

Market share
92,9 %
93,3 %
92,6 %
92,4 %

Index
100
100
100
99

Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies




2010
2011
2012
RIP

Sales volume on the Union market (in tonnes)
6 662 106
6 228 396
6 203 041
5 871 195

Index
100
93
93
88

Market share
92,9 %
93,3 %
92,6 %
92,4 %

Index
100
100
100
99

Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies



(124)
The sales volumes on the Union market to unrelated customers decreased by 12 % during the RIP compared to volumes sold in 2010. This development is in line with the general trend of decreasing consumption on the Union market, for the reasons explained in recital 106.



(125)
Since both sales and consumption decreased during the period considered, the market share of the Union industry remained broadly stable and therefore the Union industry experienced no growth.



(126)
Based on verified data of the four sampled Union producers, employment and productivity developed over the period considered as follows:Table 6Employment and productivity201020112012RIPNumber of employees1 2531 1101 1281 105Index100899088Productivity (unit/employee)2 3902 6162 6482 579Index100109110107Source:Verified questionnaire replies

2010
2011
2012
RIP
Number of employees
1 253
1 110
1 128
1 105
Index
100
89
90
88
Productivity (unit/employee)
2 390
2 616
2 648
2 579
Index
100
109
110
107
Source:Verified questionnaire replies


2010
2011
2012
RIP

Number of employees
1 253
1 110
1 128
1 105

Index
100
89
90
88

Productivity (unit/employee)
2 390
2 616
2 648
2 579

Index
100
109
110
107

Source:Verified questionnaire replies




2010
2011
2012
RIP

Number of employees
1 253
1 110
1 128
1 105

Index
100
89
90
88

Productivity (unit/employee)
2 390
2 616
2 648
2 579

Index
100
109
110
107

Source:Verified questionnaire replies



(127)
During the period considered the number of employees in the four sampled companies decreased (by 12 % comparing 2010 and the RIP). As this decrease was higher than the production decrease, the productivity of the sampled Union producers' workforce, measured as output (tonnes) per person employed per year, increased by 7 % between 2010 and the RIP.



(128)
As mentioned in recital 52, the Commission did not establish the current magnitude of dumping margins as the Russian import prices were based on minimum price undertakings and therefore unreliable for carrying out a meaningful assessment of whether dumping would be likely to continue or recur should anti-dumping measures be allowed to lapse.



(129)
As demonstrated by current profit margins (Table 10) and high market share (Table 5) the Union industry has recovered from past dumping practices.



(130)
The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:Table 7Sales prices in the Union201020112012RIPAverage ex-works unit selling price in the Union (EUR/tonne)204291305303Index100143149149Unit cost of production (EUR/tonne)180-195(*1)200216225Index100108113Source:Verified data of the sampled companies

2010
2011
2012
RIP
Average ex-works unit selling price in the Union (EUR/tonne)
204
291
305
303
Index
100
143
149
149
Unit cost of production (EUR/tonne)
180-195(*1)
200
216
225
Index

100
108
113
Source:Verified data of the sampled companies


2010
2011
2012
RIP

Average ex-works unit selling price in the Union (EUR/tonne)
204
291
305
303

Index
100
143
149
149

Unit cost of production (EUR/tonne)
180-195(*1)
200
216
225

Index

100
108
113

Source:Verified data of the sampled companies




2010
2011
2012
RIP

Average ex-works unit selling price in the Union (EUR/tonne)
204
291
305
303

Index
100
143
149
149

Unit cost of production (EUR/tonne)
180-195(*1)
200
216
225

Index

100
108
113

Source:Verified data of the sampled companies



(131)
The sampled Union producers' average net sales price increased substantially between 2010 and 2012, but decreased slightly during the RIP.



(132)
The average costs of production increased, too, mainly due to the increase in the costs of gas which is the major input.



(133)
The average labour costs of the sampled Union producers developed over the period considered as follows:Table 8Average labour costs per employee201020112012RIPAverage wages per employee (EUR)31 90937 76440 93841 736Index100118128131Source:Verified data of the sampled companies

2010
2011
2012
RIP
Average wages per employee (EUR)
31 909
37 764
40 938
41 736
Index
100
118
128
131
Source:Verified data of the sampled companies


2010
2011
2012
RIP

Average wages per employee (EUR)
31 909
37 764
40 938
41 736

Index
100
118
128
131

Source:Verified data of the sampled companies




2010
2011
2012
RIP

Average wages per employee (EUR)
31 909
37 764
40 938
41 736

Index
100
118
128
131

Source:Verified data of the sampled companies



(134)
The average labour costs per employee had an increasing trend during the period considered. The most significant increase occurred between 2010 and 2011, while between 2012 and the RIP it consisted of 3 percentage points.



(135)
Stock levels of the sampled Union producers developed over the period considered as follows:Table 9Inventories201020112012RIPClosing stocks (in tonnes)108 300151 562195 35197 092Index10014018090Closing stocks as a percentage of production1,56 %2,20 %2,73 %1,40 %Index10014217690Source:Verified data of the sampled companies

2010
2011
2012
RIP
Closing stocks (in tonnes)
108 300
151 562
195 351
97 092
Index
100
140
180
90
Closing stocks as a percentage of production
1,56 %
2,20 %
2,73 %
1,40 %
Index
100
142
176
90
Source:Verified data of the sampled companies


2010
2011
2012
RIP

Closing stocks (in tonnes)
108 300
151 562
195 351
97 092

Index
100
140
180
90

Closing stocks as a percentage of production
1,56 %
2,20 %
2,73 %
1,40 %

Index
100
142
176
90

Source:Verified data of the sampled companies




2010
2011
2012
RIP

Closing stocks (in tonnes)
108 300
151 562
195 351
97 092

Index
100
140
180
90

Closing stocks as a percentage of production
1,56 %
2,20 %
2,73 %
1,40 %

Index
100
142
176
90

Source:Verified data of the sampled companies



(136)
The closing stock first increased significantly in 2011 and 2012 compared to 2010 and then, decreased by 10 % in the RIP compared to 2010. Compared to the level of production, the closing stock followed the same trends from 2010 to the RIP.



(137)
Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:Table 10Profitability, cash flow, investments and return on investments201020112012RIPProfitability of sales in the Union to unrelated customers (% of sales turnover)11,7 %20,8 %17,6 %14,4 %Index100178150123Cash flow (EUR)95 605 038196 626 207182 421 560173 543 772Index100195191182Investments (EUR)35 761 80431 532 21828 032 15934 502 327Index100887896Return on investments28,1 %61 %53,3 %44,7 %Index100217190159Source:Verified data of the sampled companies

2010
2011
2012
RIP
Profitability of sales in the Union to unrelated customers (% of sales turnover)
11,7 %
20,8 %
17,6 %
14,4 %
Index
100
178
150
123
Cash flow (EUR)
95 605 038
196 626 207
182 421 560
173 543 772
Index
100
195
191
182
Investments (EUR)
35 761 804
31 532 218
28 032 159
34 502 327
Index
100
88
78
96
Return on investments
28,1 %
61 %
53,3 %
44,7 %
Index
100
217
190
159
Source:Verified data of the sampled companies


2010
2011
2012
RIP

Profitability of sales in the Union to unrelated customers (% of sales turnover)
11,7 %
20,8 %
17,6 %
14,4 %

Index
100
178
150
123

Cash flow (EUR)
95 605 038
196 626 207
182 421 560
173 543 772

Index
100
195
191
182

Investments (EUR)
35 761 804
31 532 218
28 032 159
34 502 327

Index
100
88
78
96

Return on investments
28,1 %
61 %
53,3 %
44,7 %

Index
100
217
190
159

Source:Verified data of the sampled companies




2010
2011
2012
RIP

Profitability of sales in the Union to unrelated customers (% of sales turnover)
11,7 %
20,8 %
17,6 %
14,4 %

Index
100
178
150
123

Cash flow (EUR)
95 605 038
196 626 207
182 421 560
173 543 772

Index
100
195
191
182

Investments (EUR)
35 761 804
31 532 218
28 032 159
34 502 327

Index
100
88
78
96

Return on investments
28,1 %
61 %
53,3 %
44,7 %

Index
100
217
190
159

Source:Verified data of the sampled companies



(138)
The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales.



(139)
During the period considered the profitability of the sampled Union producers developed from 11,7 % in 2010 to 14,4 % in the RIP. In this respect, the applicant claimed the target profit for the analysis should take into account the need for such a highly capital intensive industry to achieve a satisfactory return on capital employed (ROCE) as expected by investors. This claim could not be accepted because the target profit for the analysis must be limited to the profit which the Union industry could expect to achieve in normal conditions of competition, in the absence of dumped imports.



(140)
The net cash flow is the ability of the Union producers to self-finance their activities. The cash flow has increased between 2010 and the RIP by 82 %, although in the RIP it was slightly lower than in 2011 and 2012 (respectively, 13 and 5 percentage points lower).



(141)
The investments followed a decreasing trend. The decrease was more significant in 2011 and 2012, but amounted only to minus 4 % during the RIP compared to 2010. Investments were mainly linked to ensure compliance with more and more stringent environmental requirements.



(142)
The return on investments is the profit in percentage of the net book value of investments. It followed broadly the profitability trend over the whole period considered.



(143)
The investigation did not reveal any difficulties encountered by the sampled Union producers in raising capital.



(144)
The Regulation (EC) No 661/2008 concluded that the economic situation of the Union industry was non-injurious and that the existence of anti-dumping measures on the imports of the product concerned from Russia was the main reason for such a positive situation.



(145)
The findings of the present expiry review confirm the conclusions reached in the previous investigation. Between 2010 and the RIP, the economic indicators were equally positive. The Union consumption decreased and the imports from Russia increased, but the Union industry managed to maintain a significant market share and to further increase their profitability although profits in 2012 and the RIP were lower than in 2011, thus indicating a declining trend. The costs of production increased, mainly due to the increase in gas prices (the main raw material for the production of the product concerned), but the sales prices increased also and allowed the Union industry to achieve a healthy level of profitability.



(146)
As explained in recitals 119 and following, data on capacity utilisation cannot be relied upon to draw decisive conclusions regarding the state of the Union industry, and all in all it can be concluded that overall the Union industry is in a healthy state, not suffering from injury from the Russian exports of AN due to the existence of the anti-dumping measures.



(147)
Following disclosure, RFPA, and the representatives of the Russian authorities, argued that the Union industry's positive state, including its exports to third countries, supports a finding of no recurrence of material injury. The Commission considers however that the current positive economic situation of the Union industry, including its volume of export sales to third countries, does not automatically preclude that the situation may change in the future if the measures in force are allowed to lapse.



(148)
To assess the likelihood of recurrence of injury if the measures currently in force were allowed to lapse, the potential impact of the Russian exports to the Union market and on the Union industry were analysed, pursuant to Article 11(2) of the basic Regulation.



(149)
The analysis focused on the consumption trends of the Union market, spare capacity, trade flows, the attractiveness of the Union market, and pricing behaviour of the Russian producers.



(150)
The consumption of the product concerned in the Union has decreased by 11 % in the RIP compared to previous years. This reduction in the consumption of the product concerned is driven by use of other fertilisers, more efficient use of AN by farmers and safety and security concerns. The Union industry therefore competes with Russian products in a shrinking market. In turn, this is likely to exert a downward pressure on prices.



(151)
Following disclosure, and as mentioned in recital 109, RFPA disagreed with the finding that the consumption of the product concerned in the EU will decrease in the future. However, the report referred to by RFPA suggests a marginal recovery of nitrogen fertilisers' demand, and not necessarily an increase of consumption of the product concerned. The more and more stringent environmental and safety requirements that apply to the storage and use of ammonium nitrate, together with the level of maturity reached by certain markets and the more and more effective spreading techniques indicate that, even in case of an increase in fertiliser consumption, and particularly of nitrogen fertiliser consumption, the consumption of the product concerned will not increase in the foreseeable future. Therefore, this claim is rejected.



(152)
The Commission established during the RIP Russian spare capacity which amounts to more than 16,9 % of the entire Union consumption of the product concerned (see recitals 73 to 74). That capacity has been further increased after the RIP and is now estimated to be around 24,3 % of Union consumption.



(153)
This spare capacity would, in the absence of measures, be in all likelihood utilised to produce substantial additional quantities of AN for export to the Union. Russian producers already export half of their production to third countries. Domestic consumption in Russia is only expected to increase in the future by 3 % on a yearly basis. Russian export prices to third country markets are substantially lower than present Union prices. If prices on the Union market were to remain at a level substantially above prices on those third country markets once measures lapse, Russian producers will have a strong incentive not only to use their spare capacity for the Union market, but also to redirect some of their current exports to third countries to the Union market.



(154)
In addition, there are limits to additional Russian exports to third countries. Some of the potentially largest exports markets for AN (China, USA and Australia) are inaccessible to Russian exports (see recital 85). The possible setting of zero duties for two Russian producers in the USA for one year (see recital 86) is unlikely to lead to significant shift of Russian exports to the USA, as domestic gas prices in the USA have declined and are expected to remain at a low level due to the increasing exploration of shale gas and existing export restrictions for shale gas, which keep the domestic gas price in the USA low (see also recital 86). China's market also continues to be closed to imports of AN. The consumption of AN in the current Russian export markets (mainly Latin America and notably Brazil) is expected to grow, but the current Russian spare capacity is more than twice the predicted increase in consumption in those markets, and it is unlikely that this expected extra consumption will be taken over (solely) by Russian producers. A number of traditional Russian export markets such as Egypt, Turkey, Peru and Brazil, are also building their own capacity for the production of AN or other nitrogen-based fertilisers (see recital 87).



(155)
In any event, the Union market is more attractive than Latin America due to the geographical proximity and the existence of well-established distribution channels. Indeed, substantially lower freight costs provide higher profit to the Russian exporters which, given the choice, will prefer selling to the Union, provided that price levels in the Union remain higher than in third countries.



(156)
The Commission established the non-injurious price during the RIP for the Union industry by adding to the cost of production (established based on the verified data of the sampled Union producers set out in Table 7), plus SG&A and the target profit.



(157)
Based on the verified data of the four sampled Union producers, SG&A is between 5 % and 8 % of production costs and the target profit for this industry is 8 % as established in a previous investigation(23).



(158)
On the basis of those figures, during the RIP the non-injurious price for the Union industry ranges between 257 EUR/tonne and 264 EUR/tonne.



(159)
The Commission notes that one of the two Russian exporting producers subject to a price undertaking during the RIP sold the product concerned at a price above the minimum import price under the undertaking. On the other hand, the second exporting producer — who was subject to the undertaking only for a limited period of time during the RIP — sold below the minimum import price. In these circumstances, it is unclear how they would set their prices if the undertakings lapse together with the anti-dumping duties. It is also noted that the quantities involved for these two exporting producers were not significant in the RIP. Furthermore, it has to be borne in mind that the other Russian producers are likely to re-enter the EU market in the absence of measures which will increase the competitive price pressure on the market including on the two exporting producers for whom undertakings were in place in the RIP.



(160)
One of the decisive elements for assessing the likelihood of recurrence of injury is at what prices those additional exports from companies not subject to a price undertaking are likely to take place. During the RIP, Russian export prices to third countries were on average 201 EUR/tonne or 34 % lower than the current average price at which Union producers sell in the Union. Those Russian export prices are, as stated in recital 58, at a sustainable level. It is likely that Russian exports from companies not subject to a price undertaking, in the absence of anti-dumping measures, would enter the Union market at an average price level below that of the import prices from third countries and also below that of imports from Russia under the undertaking, which are at the higher end of the non-injurious target price of the Union industry. Otherwise, they would not be able to gain additional market share. As the current price level of Russian imports currently under the price undertaking for one of the exporting producers corresponds to the upper end of the non-injurious price level, the Commission, on the basis of the information currently at its disposal, considers that it is likely that those additional imports will take place at an injurious level. Notwithstanding the current profit level of the Union industry, such likely prices would put at risk the Union industry's ability to achieve the normal profit that it could expect to achieve in the absence of dumped imports.



(161)
Following disclosure, RPFA claimed that the comparison between Russian export prices to third countries and the Union prices is meaningless, since a comparison should be made between sales to the same markets and with proper adjustments for duties, level of trade, etc.



(162)
This claim cannot be accepted. The Commission is not asserting that, should measures be allowed to lapse, Russian exports would undercut Union prices by 34 %. The Commission considers that it is likely that the price levels at which Russian exports will enter the Union in the absence of measures would be below the Union cost of manufacturing plus a reasonable profit margin and therefore be injurious. Those price levels would still be more attractive for the Russian exporters than the current level of sale prices to third markets. Thus, a diversion from current trade flows is likely to happen.



(163)
The investigation has also demonstrated that the current cost of production, and therefore the current non-injurious price is unlikely to decrease in the short term, given the trend of increased cost of production during the period considered (see Table 7). Indeed, the investigation did not bring to light any indications that this trend would be likely to change.



(164)
Following disclosure, RFPA stressed that the day before disclosure they had provided information about declining gas costs in the Union. RFPA mentioned in particular data provided by a leading fertiliser market publication which reported the EU hub prices at the Dutch gas market prices ‘Title Transfer Facility’ (TTF) rather than non-representative Waidhaus prices. RFPA also quoted the US prices of gas and the Yara international first quarter 2014 report to its investors, where it is mentioned that the company is experiencing significantly lower gas costs.



(165)
The Commission notes that in the economic study submitted by some farmers' associations (see below Section 7 on Union interest) the following is stated: ‘(n)atural gas prices in the Union are higher than in the majority of other regions, and are expected to rise in the foreseeable future’. As regards the decrease in the costs of gas announced by Yara international, this is a case apart because the Yara group is a multinational group with access to several sources of cheap gas outside the Union. Other producers of the product concerned, and notably those located in the Eastern regions of the Union, rely on Russian gas. Therefore, the Commission still considers that there is no convincing evidence that the gas prices for the Union producers will significantly decrease in the near future.



(166)
Since Russian AN would be exported to the Union market in significant volumes and at an injurious price level, the Union producers would be forced to reduce their own prices to maintain sales volumes and market shares. Indeed, AN is a commodity type of product where the competition among various producers is predominantly based on price.



(167)
Following disclosure, RFPA claimed that alleged technical barriers to trade for entry of Russian AN into the Union should be considered, namely the ban on sales (in Germany) or strict regulation on storage of AN in certain other Member States. In so far as those limitations apply to both exporters from third countries and Union producers in a non-discriminatory way, the Commission considers that this claim should be rejected.



(168)
In view of the findings of the investigations, the spare capacity associated with modest consumption growth in Russia, the limited ability to increase exports to third countries and the attractiveness of the Union market, it is considered that the repeal of the measures is likely to result in a recurrence of dumped imports from Russia.



(169)
The investigation has also shown that the Union industry is currently in a non-injurious situation. However, there are no indications that this positive situation will be sustainable if measures were allowed to lapse. On the contrary, according to market analysis provided by the applicant the AN market prices have now reached their peak and the top of the business cycle. The business cycle, as well as prices, are now projected to decline. More specifically, after having risen steadily every year since 2009, prices appear now to go down. Therefore the level of price and profit achieved by the Union industry during the period considered will not be obtained in the foreseeable future. At the same time, the costs of production will remain stable or further increase thus squeezing the profit margin of the Union industry. In this scenario, and given the decreasing consumption in the Union, a surge of imports in significant quantities at undercutting prices will exert a strong pressure on the industry's sales prices and cause it to lose significant market share. This will in all likelihood unavoidably cause material injury to recur.



(170)
Following disclosure, RFPA criticised the Commission's reliance on the market analysis provided by the applicant and noted that the anticipated price levels in 2017-2018 will be similar to the prices in 2010 and higher than the prices in the years before. RFPA also noted that in 2010 the average profitability of the Union industry was above the target profit (at 12,8 %) and that Yara International's quarterly report for 2014 which depicts a promising outlook.



(171)
The prospective nature of an expiry review makes it difficult to draw exact conclusions on projections about price levels in 2017 and beyond. Independent market analysis indicates however that the price levels of the product concerned are expected to decrease in the next two years. This, together with the expected increase in costs of production, will in all likelihood reduce the profit currently achieved by the Union industry. This prospective conclusion remains valid notwithstanding the fact that during the RIP and the period considered the level of profits achieved by the Union industry was higher than the target profit of 8 % as established in a previous investigation. In this respect, the fact that the expiry review terminating the antidumping measures on imports of Urea from Russia did not find any likelihood of recurrence of injury is not relevant, since each case should be assessed on its own merits and specificities. Moreover, Yara International's first quarter 2014 presentation to its investors does not target specifically the product concerned and should not be considered as a proxy for the expectations of the Union industry of the product concerned. Therefore, this claim is rejected.



(172)
Representatives of the Russian authorities and RFPA claimed that the Commission failed to provide positive evidence to support the conclusion that should measures in force be allowed to lapse, there will be recurrence of dumped imports of the product concerned, which will cause recurrence of injury to the Union industry.



(173)
RFPA also claimed that the Commission had not established a causal link between the termination of measures and the likelihood of recurrence of injury. On the contrary, the external elements mentioned in the disclosure document (declining consumption, declining prices, increasing costs of production, low capacity utilisation rate) seem to be the cause of the likely recurrence of injury.



(174)
The Commission disagrees with this assessment. The likelihood of recurrence of injury should measures be allowed to lapse is justified mainly by the likely recurrence of dumped exports from Russia at significant volumes and at a price level which, while still being profitable for the Russian exporters, will be lower than the Union prices. By mentioning some external factors in its overall assessment, the Commission merely identified other factors which may have an impact on the Union market in the coming years and hence on the situation of the Union industry but it does not render invalid the conclusion that injurious dumping is likely to recur if measures are allowed to lapse.



(175)
In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures against Russia would be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers and users.



(176)
All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.



(177)
In the original investigation the imposition of measures was considered not to be against the interest of the Union. As this investigation is a review and measures have been in place since 1995 the analysis thereby allows the assessment of any undue negative impact on the parties concerned by the anti-dumping measures in place.



(178)
On this basis it was examined whether, despite the conclusions on the likelihood of recurrence of dumping and likelihood of recurrence of injury, compelling reasons existed which would lead to the conclusion that it was not in the Union interest to maintain the existing measures.



(179)
The existing measures have contributed to a big reduction in dumped imports from Russia and offered relief to the Union industry. The Union industry was found to be in a healthy economic situation mainly demonstrated by continuing profits. However, it is important to note that some Union producers already show profits significantly lower than the average profit achieved by the Union industry and even lower than the target profit of 8 %.



(180)
If measures were allowed to lapse, the Union industry will in all likelihood be faced with increased unfair competition from the Russian producers. The termination of measures would undoubtedly lead to a quick deterioration of their economic situation. Terminating measures is therefore not in the interest of the Union industry.



(181)
In the previous investigation it was found that the impact of the imposition of measures was not likely to have a serious negative effect on the situation of importers and users in the Union. EFIA made itself known as an interested party and requested that measures be allowed to expire for a number of reasons, as follows:—measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,—due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,—it is in the interest of the users to have access to various supply sources to increase choice.
—
measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,
—
due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,
—
it is in the interest of the users to have access to various supply sources to increase choice.

—
measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,

—
due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,

—
it is in the interest of the users to have access to various supply sources to increase choice.



—
measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,



—
due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,



—
it is in the interest of the users to have access to various supply sources to increase choice.



(182)
These claims should be rejected. It is true that the Union industry is currently not suffering any material injury. However in an expiry review the question to be answered is what would happen in the future if measures were allowed to lapse. In this respect, the current performance of the Union industry can only be used as a decisive indication of what could happen in the future to the extent that it allows assessing the level of the non-injurious price.



(183)
Importers and traders in the Union have access to a number of sources inside and outside the Union, including Russia. Russia is the only country against which measures are in force.



(184)
Several users' associations made themselves known. Some of these however simply requested to be acknowledged as interested parties and did not take a specific stance on the Union interest. Two national associations expressed the views that after having been in force for so many years, it was no longer in their interest to maintain the existing measures.



(185)
The reasons mentioned were:—the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),—the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,—the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and—the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.
—
the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),
—
the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,
—
the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and
—
the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.

—
the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),

—
the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,

—
the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and

—
the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.



—
the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),



—
the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,



—
the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and



—
the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.



(186)
These claims cannot be accepted for the same reasons referred to in recitals 182 and 183. The Commission is not aware of any non-competitive practice among the Union producers, which compete freely on the Union market.



(187)
No farmers replied to the users' questionnaire. Therefore, the exact impact of fertilisers as a whole, and of AN, in particular, on the farmers' costs of production could not be verified. Thus, the alleged high positive impact of lower prices of AN on the farmers' costs of production could not be confirmed. However, on the basis of the information at the Commission's disposal, AN constitutes only approximately 21 % of the total Union consumption of all nitrogen-containing fertilisers (ammonium nitrate, calcium ammonium nitrate, urea, urea AN solution, NPK/NP/NK, etc.)(24). Given that there are also other fertilisers (containing higher levels of potassium and phosphate), the share of AN in all fertilisers used by Union farmers is estimated to be even less than 21 %. Consequently, it is reasonable to conclude that the impact of the current measures in force on Union farmers as a whole is not significant.



(188)
In addition, even if in the very short term access to cheaper fertilisers could appear to be in the interest of farmers, in the short/medium term there is a likelihood of recurrence of injury to the Union industry with a risk that some of the more vulnerable Union producers located in certain regions in the Union might go out of business. Hence, in the future there would be even less choice of suppliers for users/farmers, who may become dependent on Russian exports, which in such scenario would be likely to increase prices.



(189)
One users' association submitted a study made by an independent economic consultant according to which the termination of the measures in force would result in a decrease in the price of fertilisers in the Union for the benefit of the users, a limited increase in import volumes, and a slight negative impact for the Union producers which however would be compensated by the solid profit margins that they are enjoying currently. However, it should be noted that some of the assumptions on which the assessment of the economic study referred to do not correspond to the findings of the investigation. The investigation established that the export price of AN from Russia to third countries is lower than the price estimated in that economic study. Similarly, the established Russian capacity and the potential domestic consumption values are different from those used for the simulations of the impact of the removal of the measures. Hence, the assessment made in the study cannot be fully relied upon to draw decisive conclusions.



(190)
Following disclosure, a number of associations of farmers requested a hearing with the Commission and submitted a slightly revised version of the study referred to in the previous recital, which takes into account data provided by the Commission in the disclosure document.



(191)
The revised study seems to confirm the Commission's assumption that the Russian export price would decrease to a level in the region of the Russian domestic prices, which is EUR 221 per tonne. This will force the Union producers to decrease their prices in order not to lose market shares.



(192)
The farmers' representatives explained the difficult situation in which they are, whereby they compete with third countries' producers of agricultural products without any anti-dumping duty to protect them, contrary to the Union producers of the product concerned. They expect that if measures are allowed to lapse the price of the product concerned would decrease and the negative consequences for the Union producers would be counterbalanced by the benefits for the farmers, a category of users which employs millions of people in the Union. The farmers' representatives also mentioned that if the price of the product concerned would decrease, they would buy the product concerned rather than other less expensive, but more polluting fertilisers such as urea or solutions of urea and ammonium nitrate. This would be beneficial for the environment. They suggested that if measures are maintained, they should be suspended (similar to what happened in a different investigation on imports of silico-manganese from China, Kazakhstan and Ukraine(25)).



(193)
The Commission considered carefully the arguments put forward by the farmers' associations. It is undisputed that Union farmers have access to the product concerned manufactured by Union producers and by third countries' producers other than Russian exporting producers. But above all, as confirmed during the hearing held on 19 June 2014, and contrary to the assumption made in the economic study, there is no guarantee that any initial potential price decrease of the product concerned (were measures in force be allowed to lapse) would be passed onto the final users. Very often, when farmers purchase the product concerned, they buy it from distributors and are not even aware of its origin, as long as it satisfies their requirement (in terms of the size of the prills or granules etc.). Therefore, if measures were allowed to lapse, it is highly likely that injury would reoccur for the Union producers of the product concerned, but there is no guarantee that the users would benefit at all.



(194)
Anti-dumping measures on imports of the product concerned have been in force for many years without disproportionate costs to the farmers which could have jeopardised their existence. When analysing the Union interest, the proportionality of maintaining measures is assessed, taking into account the various and sometimes conflicting interests. Maintaining the measures is in the Union producers' interest, as to repeal them would put many of them out of business. So from a proportionality perspective, as the Commission does not have evidence that farmers incurring disproportionate costs as a result of the measures, it is in the Union interest to keep the measures. In any case the farmers acknowledged that they would prefer to have multiple sources of supply and that the disappearance of the Union industry would not be in their interests.



(195)
Finally, as mentioned in recital 193, there is no evidence that the removal of measures would lead to a price decrease of AN which would be passed on to users leading to a switch to AN from other more polluting fertilisers. Therefore, the alleged positive environmental effect is not substantiated. In any event, any possible positive environmental effect would not be of such a magnitude that it would be against the overall Union interest to maintain the measures. As regards the suggestion to suspend the measures, this is not possible because the legal requirements enshrined in Article 14(4) of the basic Regulation are not met in this case



(196)
In light of the above, the Commission concludes that terminating the measures would not be in the interest of the users, or that at very least the additional benefits enjoyed by users would not outweigh the additional costs placed on the Union industry.



(197)
In view of the recitals 179 to 195, it is concluded that there are no compelling reasons of Union interest against the maintenance of the current anti-dumping measures



(198)
All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were duly taken into consideration where warranted.



(199)
Following disclosure, one Russian producer which was not selected for the sampling requested to Commission to enter into negotiation for an undertaking and suggested a minimum price and a quantitative ceiling. However, there is no legal basis in the basic Regulation for accepting an undertaking offer in the context of an expiry review, since the form of the measures cannot be changed. The Russian producer in question could apply for an interim review based on Article 11(3) of the basic Regulation, if they consider that the conditions for such a review are met.



(200)
Following disclosure the Acron Group requested the Commission to terminate the proceedings as far as they are concerned since Acron would be in a different situation compared to the other Russian producers. However, the findings of the review are that Acron is in the same situation as the other Russian producers. Furthermore, Article 11(2) of the basic Regulation does not give a legal basis to differentiate between the different exporting producers.



(201)
Accordingly, and in view of the conclusions reached with regard to the likelihood of continuation or recurrence of dumping and injury, It follows that, in accordance with Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of ammonium nitrate originating in Russia, imposed by Regulation (EC) No 661/2008, as amended by Council Regulation (EC) No 989/2009, should be maintained for an additional period of five years,



(202)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,



(a)
For goods produced by Open Joint Stock Company (OJSC) Azot, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) Nevinnomyssky Azot, Nevinnomyssk, Russia and either sold directly to the first independent customer in the EU or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company EuroChem, Moscow, Russia, or EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the EU (TARIC additional code A522):Product descriptionCN codeTARIC codeFixed amount of duty (EUR per tonne)Ammonium nitrate other than in aqueous solutions3102 30 90—32,82Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight3102 40 90—32,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 29 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 60 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 90 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content3105 10 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight3105 10 002031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 10 003030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 10 004029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 10 005028,88Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight3105 20 103031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 20 104030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 20 105029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 20 106028,88Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight3105 51 001031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight3105 51 002030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight3105 51 003029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight3105 51 004029,41Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight3105 59 001031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight3105 59 002030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight3105 59 003029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight3105 59 004029,41Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight3105 90 203031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 90 204030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 90 205029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 90 206028,88
Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)
Ammonium nitrate other than in aqueous solutions
3102 30 90
—
32,82
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content
3105 10 00
10
32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
28,88
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
28,88
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 51 00
10
31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
29,41
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 59 00
10
31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
29,41
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 20
30
31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 20
40
30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 20
50
29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 20
60
28,88

Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)

Ammonium nitrate other than in aqueous solutions
3102 30 90
—
32,82

Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content
3105 10 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
28,88

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
28,88

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 51 00
10
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
29,41

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 59 00
10
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
29,41

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 20
30
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 20
40
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 20
50
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 20
60
28,88



Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)

Ammonium nitrate other than in aqueous solutions
3102 30 90
—
32,82

Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content
3105 10 00
10
32,82

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
28,88

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
28,88

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 51 00
10
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
29,41

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 59 00
10
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
29,41

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 20
30
31,84

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 20
40
30,85

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 20
50
29,87

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 20
60
28,88



(b)
For goods produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (TARIC additional code A959):Product descriptionCN codeTARIC codeFixed amount of duty (EUR per tonne)Ammonium nitrate other than in aqueous solutions3102 30 90—47,07Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight3102 40 90—47,07For goods mentioned in paragraph 1 produced by JSC Kirovo-Chepetsky Khimichesky Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply.
Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)
Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07

Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)

Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07

Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07



Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)

Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07

Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07



(c)
For all other companies (TARIC additional code A999):Product descriptionCN codeTARIC codeFixed amount of duty (EUR per tonne)Ammonium nitrate other than in aqueous solutions3102 30 90—47,07Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight3102 40 90—47,07Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 29 001047,07Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 60 001047,07Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 90 001047,07Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content3105 10 001047,07Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight3105 10 002045,66Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 10 003044,25Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 10 004042,83Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 10 005041,42Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight3105 20 103045,66Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 20 104044,25Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 20 105042,83Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 20 106041,42Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight3105 51 001045,66Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight3105 51 002044,25Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight3105 51 003042,83Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight3105 51 004042,17Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight3105 59 001045,66Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight3105 59 002044,25Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight3105 59 003042,83Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight3105 59 004042,17Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight3105 90 203045,66Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 90 204044,25Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 90 205042,83Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 90 206041,42
Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)
Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
47,07
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
47,07
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
47,07
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content
3105 10 00
10
47,07
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
45,66
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
44,25
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
42,83
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
41,42
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
45,66
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
44,25
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
42,83
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
41,42
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 51 00
10
45,66
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
44,25
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
42,83
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
42,17
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 59 00
10
45,66
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
44,25
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
42,83
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
42,17
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 20
30
45,66
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 20
40
44,25
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 20
50
42,83
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 20
60
41,42

Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)

Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07

Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content
3105 10 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
41,42

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
41,42

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 51 00
10
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
42,17

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 59 00
10
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
42,17

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 20
30
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 20
40
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 20
50
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 20
60
41,42



Product description
CN code
TARIC code
Fixed amount of duty (EUR per tonne)

Ammonium nitrate other than in aqueous solutions
3102 30 90
—
47,07

Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight
3102 40 90
—
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 29 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 60 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight
3102 90 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content
3105 10 00
10
47,07

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight
3105 10 00
20
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 10 00
30
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 10 00
40
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 10 00
50
41,42

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight
3105 20 10
30
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 20 10
40
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 20 10
50
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 20 10
60
41,42

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 51 00
10
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 51 00
20
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 51 00
30
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 51 00
40
42,17

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight
3105 59 00
10
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight
3105 59 00
20
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight
3105 59 00
30
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight
3105 59 00
40
42,17

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight
3105 90 20
30
45,66

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight
3105 90 20
40
44,25

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight
3105 90 20
50
42,83

Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight
3105 90 20
60
41,42



—
they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Union, and



—
such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex to this Regulation, and



—
the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.



—
whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled, or



—
when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.



1.
The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.



2.
The name of the company issuing the commercial invoice.



3.
The commercial invoice number.



4.
The date of issue of the commercial invoice.



5.
The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Union frontier.



6.
The exact description of the goods, including:—the product code number (PCN) used for the purpose of the undertaking,—plain language description of the goods corresponding to the PCN concerned,—the company product code number (CPC),—TARIC code,—quantity (to be given in tonnes).
—
the product code number (PCN) used for the purpose of the undertaking,
—
plain language description of the goods corresponding to the PCN concerned,
—
the company product code number (CPC),
—
TARIC code,
—
quantity (to be given in tonnes).

—
the product code number (PCN) used for the purpose of the undertaking,

—
plain language description of the goods corresponding to the PCN concerned,

—
the company product code number (CPC),

—
TARIC code,

—
quantity (to be given in tonnes).



—
the product code number (PCN) used for the purpose of the undertaking,



—
plain language description of the goods corresponding to the PCN concerned,



—
the company product code number (CPC),



—
TARIC code,



—
quantity (to be given in tonnes).



7.
The description of the terms of the sale, including:—price per tonne,—the applicable payment terms,—the applicable delivery terms,—total discounts and rebates.
—
price per tonne,
—
the applicable payment terms,
—
the applicable delivery terms,
—
total discounts and rebates.

—
price per tonne,

—
the applicable payment terms,

—
the applicable delivery terms,

—
total discounts and rebates.



—
price per tonne,



—
the applicable payment terms,



—
the applicable delivery terms,



—
total discounts and rebates.



8.
Name of the company acting as an importer in the Union to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.



9.
The name of the official of the company that has issued the commercial invoice and the following signed declaration:‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Decision 2008/577/EC. I declare that the information provided in this invoice is complete and correct.’

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)and in particular Articles 9(4) and 11(2) and (5) thereof,

HAS ADOPTED THIS REGULATION:
Article 1

(1)   A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight currently falling within CN codes 3102 30 90 , 3102 40 90 , ex 3102 29 00 , ex 3102 60 00 , ex 3102 90 00 , ex 3105 10 00 , ex 3105 20 10 , ex 3105 51 00 , ex 3105 59 00  and ex 3105 90 20  and originating in Russia.

(2)   The rate of the definitive anti-dumping duty shall be a fixed amount as specified in points (a), (b) and (c):

(a)

For goods produced by Open Joint Stock Company (OJSC) Azot, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) Nevinnomyssky Azot, Nevinnomyssk, Russia and either sold directly to the first independent customer in the EU or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company EuroChem, Moscow, Russia, or EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the EU (TARIC additional code A522):

(b)

For goods produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (TARIC additional code A959):

For goods mentioned in paragraph 1 produced by JSC Kirovo-Chepetsky Khimichesky Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply.

(c)

For all other companies (TARIC additional code A999):

(3)   In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93(26), the amount of anti-dumping duty laid down in paragraph 2 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

(4)   Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.

(5)   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2

(1)   Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in the Decision 2008/577/EC, as amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:

—

they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Union, and

—

such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex to this Regulation, and

—

the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

(2)   A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:

—

whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled, or

—

when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
Article 3

This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
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)and in particular Articles 9(4) and 11(2) and (5) thereof,

HAS ADOPTED THIS REGULATION:
(1)   A definitive anti-dumping duty is hereby imposed on imports of solid fertilisers with an ammonium nitrate content exceeding 80 % by weight currently falling within CN codes 3102 30 90 , 3102 40 90 , ex 3102 29 00 , ex 3102 60 00 , ex 3102 90 00 , ex 3105 10 00 , ex 3105 20 10 , ex 3105 51 00 , ex 3105 59 00  and ex 3105 90 20  and originating in Russia.

(2)   The rate of the definitive anti-dumping duty shall be a fixed amount as specified in points (a), (b) and (c):

(a)

For goods produced by Open Joint Stock Company (OJSC) Azot, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) Nevinnomyssky Azot, Nevinnomyssk, Russia and either sold directly to the first independent customer in the EU or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company EuroChem, Moscow, Russia, or EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the EU (TARIC additional code A522):

(b)

For goods produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (TARIC additional code A959):

For goods mentioned in paragraph 1 produced by JSC Kirovo-Chepetsky Khimichesky Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply.

(c)

For all other companies (TARIC additional code A999):

(3)   In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93(26), the amount of anti-dumping duty laid down in paragraph 2 shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

(4)   Notwithstanding paragraph 1, the definitive anti-dumping duty shall not apply to imports released for free circulation in accordance with Article 2.

(5)   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
(1)   Imports declared for release into free circulation which are invoiced by companies from which undertakings are accepted by the Commission and whose names are listed in the Decision 2008/577/EC, as amended, shall be exempt from the anti-dumping duty imposed by Article 1, on condition that:

—

they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Union, and

—

such imports are accompanied by an undertaking invoice which is a commercial invoice containing at least the elements and the declaration stipulated in the Annex to this Regulation, and

—

the goods declared and presented to customs correspond precisely to the description on the undertaking invoice.

(2)   A customs debt shall be incurred at the time of acceptance of the declaration for release into free circulation:

—

whenever it is established, in respect of imports described in paragraph 1, that one or more of the conditions listed in that paragraph are not fulfilled, or

—

when the Commission withdraws its acceptance of the undertaking pursuant to Article 8(9) of Regulation (EC) No 1225/2009 in a Regulation or Decision which refers to particular transactions and declares the relevant undertaking invoices as invalid.
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
ANNEXThe following elements shall be indicated in the commercial invoice referred to in Article 2(1) second indent accompanying the company’s sales to the Union of goods which are subject to the undertaking:
1. | The heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’.

2. | The name of the company issuing the commercial invoice.

3. | The commercial invoice number.

4. | The date of issue of the commercial invoice.

5. | The TARIC additional code under which the goods on the invoice are to be customs-cleared at the Union frontier.

6. | The exact description of the goods, including:—the product code number (PCN) used for the purpose of the undertaking,—plain language description of the goods corresponding to the PCN concerned,—the company product code number (CPC),—TARIC code,—quantity (to be given in tonnes). | — | the product code number (PCN) used for the purpose of the undertaking, | — | plain language description of the goods corresponding to the PCN concerned, | — | the company product code number (CPC), | — | TARIC code, | — | quantity (to be given in tonnes).

— | the product code number (PCN) used for the purpose of the undertaking,

— | plain language description of the goods corresponding to the PCN concerned,

— | the company product code number (CPC),

— | TARIC code,

— | quantity (to be given in tonnes).

7. | The description of the terms of the sale, including:—price per tonne,—the applicable payment terms,—the applicable delivery terms,—total discounts and rebates. | — | price per tonne, | — | the applicable payment terms, | — | the applicable delivery terms, | — | total discounts and rebates.

— | price per tonne,

— | the applicable payment terms,

— | the applicable delivery terms,

— | total discounts and rebates.

8. | Name of the company acting as an importer in the Union to which the commercial invoice accompanying goods subject to an undertaking is issued directly by the company.

9. | The name of the official of the company that has issued the commercial invoice and the following signed declaration:‘I, the undersigned, certify that the sale for direct export to the European Union of the goods covered by this invoice is being made within the scope and under the terms of the Undertaking offered by [COMPANY], and accepted by the European Commission through Decision 2008/577/EC. I declare that the information provided in this invoice is complete and correct.’
			

Pending: 32014R0830

                                January 16, 2026                            

31.7.2014
EN
Official Journal of the European Union
L 228/16

(1)
By Council Regulation (EC) No 1890/2005(2)(‘the original Regulation’) the Council imposed a definitive anti-dumping duty (‘the original measures’) on imports of certain stainless steel fasteners and parts thereof (‘SSF’) originating in the People's Republic of China (‘PRC’), Indonesia, Taiwan, Thailand and Vietnam.

(2)
Following an expiry review (‘the expiry review’) based on Article 11(2) of Regulation (EC) No 1225/2009 (‘the basic Regulation’), which was limited to the measures imposed on imports originating in the PRC and Taiwan, the original measures ranging from 11,4 % to 27,4 % for the PRC and 8,8 % to 23,6 % for Taiwan were prolonged by Council Implementing Regulation (EU) No 2/2012(3)(‘the expiry review Regulation’).

(3)
Following an anti-circumvention investigation based on Article 13(3) of the basic Regulation (‘the anti-circumvention investigation’) the definitive anti-dumping duty applicable to ‘all other companies’ from the PRC was extended on imports of SSF consigned from the Philippines, whether declared as originating in the Philippines or not, by Council Implementing Regulation (EU) No 205/2013(4).

(4)
A Taiwanese exporting producer, Sheh Kai Precision Co., Ltd, (‘the applicant’), lodged a request for a partial interim review pursuant to Article 11(3) of the basic Regulation. The applicant requested the exclusion of certain types of fasteners, namely bi-metal fasteners (‘BMF’), from the scope of the current measures due to their allegedly different physical, chemical and technical characteristics.

(5)
Having determined that sufficient evidence existed for the initiation of a partial interim review, and after consulting the Advisory Committee, on 6 June 2013 the European Commission (‘the Commission’) announced by a notice (‘the Notice of Initiation’) published in theOfficial Journal of the European Union(5), the initiation of a partial interim review of the anti-dumping measures applicable to imports of certain stainless steel fasteners and parts thereof originating in the PRC and Taiwan(6).

(6)
The current review is limited to the examination of the product scope in order to clarify whether certain product types of stainless steel screws, in particular BMF, fall within the scope of the original measures, as prolonged and extended.

(7)
The known Union producers and their associations, importers and users, the representatives of the exporting countries as well as all known producers in the PRC and Taiwan were advised by the Commission of the initiation of the review.

(8)
The Commission requested information from all the abovementioned parties and from those other parties who made themselves known within the time limit set in the Notice of Initiation. The Commission also gave interested parties the opportunity to make their views known in writing and to request a hearing.

(9)
Thirteen Taiwanese exporting producers, one Chinese exporting producer, one Union producer, seven importers and one user submitted a questionnaire reply.

(10)
Additionally, the association representing the Union producers — complainants in the original investigation and in the expiry review — confirmed that none of the Union companies produce BMF and therefore have no opinion on the characteristics of BMF.

(11)
None of the additional six European producer associations known from the original investigation came forward with any information.

(12)
No hearings were requested during the investigation.

(13)
The Commission sought and verified all the information it deemed necessary. Verification visits were carried out at the premises of the following companies:Union producer—Reisser Schraubentechnik GmbH, Ingelfingen-Criesbach, GermanyUnion importer—Till and Whitehead Ltd, Cheltenham, United KingdomExporting producers in Taiwan—Sheh Kai Precision Co., Ltd, Kaohsiung, Taiwan—Metalink Precision Industries Co., Ltd, Kaohsiung, Taiwan—Sun Through Industrial Co., Ltd, Hemei Township, Taiwan
—
Reisser Schraubentechnik GmbH, Ingelfingen-Criesbach, Germany
—
Till and Whitehead Ltd, Cheltenham, United Kingdom
—
Sheh Kai Precision Co., Ltd, Kaohsiung, Taiwan
—
Metalink Precision Industries Co., Ltd, Kaohsiung, Taiwan
—
Sun Through Industrial Co., Ltd, Hemei Township, Taiwan

—
Reisser Schraubentechnik GmbH, Ingelfingen-Criesbach, Germany

—
Till and Whitehead Ltd, Cheltenham, United Kingdom

—
Sheh Kai Precision Co., Ltd, Kaohsiung, Taiwan

—
Metalink Precision Industries Co., Ltd, Kaohsiung, Taiwan

—
Sun Through Industrial Co., Ltd, Hemei Township, Taiwan

—
Reisser Schraubentechnik GmbH, Ingelfingen-Criesbach, Germany

—
Till and Whitehead Ltd, Cheltenham, United Kingdom

—
Sheh Kai Precision Co., Ltd, Kaohsiung, Taiwan

—
Metalink Precision Industries Co., Ltd, Kaohsiung, Taiwan

—
Sun Through Industrial Co., Ltd, Hemei Township, Taiwan

(14)
The product concerned, as defined in Article 1(1) of the expiry review Regulation is certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10 , 7318 14 10 , 7318 15 30 , 7318 15 51 , 7318 15 61 and 7318 15 70 originating in the PRC and Taiwan.

(15)
In the review request the applicant requested the exclusion of certain stainless steel fasteners from the scope of the current anti-dumping measure. The product to be excluded in the review request was defined by the applicant as ‘bi-metal self-tapping and self-drilling screws having a shank and head of stainless steel and a point of carbon steel which allows the screw to self-drill its own pilot hole and cut its own thread into hard steel metal, currently falling within CN code ex 7318 14 10 ’.

(16)
One of the cooperating importers claimed that the Commission should have made a distinction not between BMF and SSF but between self-drilling and self-tapping fasteners with the aim to exclude self-drilling fasteners from the product scope of the anti-dumping measures regardless whether they are BMF or SSF.

(17)
The purpose of this review as indicated in the request submitted by the applicant and as specifically mentioned in the first paragraph of point 4 of the Notice of Initiation is to examine whether precisely bi-metal self-tapping and self-drilling screws should be excluded from the scope of the products which currently are subject to anti-dumping measures. The claim thus had to be rejected.

(18)
At the same time, the Commission took into account the differences between self-drilling and self-tapping fasteners. This is reflected in the amendment of the definition provided by the applicant, quoted in recital 15, as indicated in recital 19.

(19)
For the purpose of this review ‘BMF’ should be defined as: bi-metal self-drilling screws, having a shank and head of stainless steel and a point and leading threads of carbon steel, which are welded together allowing the screw to self-drill its own pilot hole and cut its own thread into hard steel metal; and bi-metal self-tapping screws, having a shank and head of stainless steel and leading threads of carbon steel which are welded together, allowing the screw to cut its own thread into hard steel metal; both currently falling within CN code ex 7318 14 10 .

(20)
BMF are a relatively new product on the market which was developed in order to combine in one fastener the most important features of the carbon and the stainless steel fasteners namely the hardness of the carbon steel and the corrosion resistance of the stainless steel. BMF are produced by welding a carbon steel part to a stainless steel part and as a consequence obtaining a self-drilling and/or self-tapping fastener which has a point and leading threads (in case of self-tapping fasteners only the leading threads as no point exists) made of carbon steel, while the shank with further threads and the head are composed of stainless steel.

(21)
Such BMF are able to penetrate metal sheets of even up to 25 mm thickness without the necessity of pre-drilling whereas normal SSF can only penetrate metal sheets of a maximum of 3 mm thickness. At the same time BMF maintain their corrosion resistance and are therefore suitable for out-door applications, such as windows and roofs and in chemically aggressive environments, such as swimming-pools and certain factories.

(22)
During both the original investigation and the expiry review investigation BMF were not distinguished from SSF. In other words, information was only collected on different types of stainless steel used as raw material for the fasteners but not on fasteners containing both stainless and carbon steel as raw material.

(23)
After the final disclosure in the expiry review, one interested party claimed that bi-metal fasteners should not be included in the product scope due to significant differences in relation to stainless steel fasteners in terms of unit sales price, cost of production, basic physical and technical characteristics (its raw material), as well as applications(7). However, as explained in recital 21 of the expiry review Regulation, the product scope cannot be modified in the context of an expiry review.

(24)
In order to assess whether BMF are covered by the original measures it was examined whether BMF and SSF shared the same basic physical, chemical and technical characteristics and end-uses. In this regard the interchangeability and competition between the two types of fasteners was also assessed.

(25)
The main physical difference between BMF and SSF is the fact that BMF are made of two different types of steel welded together while standard SSF are cut and formed from single stainless steel wire. In the case of BMF, three to four leading threads and the drill point are composed of carbon steel, while the head and shank are made of stainless steel.

(26)
Unless special coating is applied, the stainless steel and the carbon steel part of the BMF can be visually distinguished. It has to be noted that in most cases the fasteners undergo a coating process further enhancing their corrosion resistance and therefore SSF and BMF might not be distinguishable by the naked eye.

(27)
Nevertheless, BMF have magnetic properties in their carbon steel part, which is an important feature used to distinguish them from SSF.

(28)
BMF have the capability to drill and tap into hard and thick metal sheets due to their carbon steel component. SSF do not have this ability due to characteristics of stainless steel.

(29)
Due to their carbon steel content, the chemical element composition of BMF is different compared to SSF which consist purely of stainless steel.

(30)
Based on the above, it is concluded that even if BMF may look physically alike SSF (when coated), they have different basic physical, technical and chemical characteristics from those of SSF.

(31)
The Commission assessed whether the identified differences in physical, chemical and technical characteristics translated into different end use and market perception of BMF and SSF.

(32)
It was established that BMF are primarily used in outdoor metal roofing, metal cladding, window cladding applications and in-door fixings in chemically aggressive environments such as swimming-pools and certain factories. All these applications usually require metal sheets of various thicknesses to be fastened together or fastened to other materials such as insulation layers of various compositions. In all these applications using fasteners which are corrosion resistant is very important from the client perspective and in some cases/countries it is even a legal requirement.

(33)
BMF are specifically developed to fulfil the requirements of such applications by being able to drill through all types of surfaces including thick metal sheets (like carbon steel fasteners) and at the same time be corrosion resistant (like stainless steel fasteners).

(34)
The sole cooperating Union producer claimed that the same result, that is to say fastening different surfaces together, can be achieved by both BMF and SSF. According to that company the only difference is the way the screw is inserted, that is with or without pre-drilling. Pre-drilling means that as an initial step holes are drilled with drills that vary with the material. The screws are then inserted as a separate step. Pre-drilling is necessary when SSF are applied and metal sheets are involved. For that reason the said company considers the choice between SSF and BMF to be simply an economic decision between accepting higher labour or higher material costs.

(35)
However, the investigation revealed that in practice the pre-drilling method is not only time and labour consuming but in certain applications (notably in window cladding) not even feasible. The reason is that this method would require three or even more different surfaces to be pre-drilled, each with a different type of drill, and then lined perfectly together in order for the SSF to be inserted. Consequently, in such cases pure carbon steel fasteners are used as an alternative to BMF, rather than pure SSF. The pure carbon steel fastener solution does not fulfil the requirement of anti-corrosive resistance.

(36)
Furthermore, when pre-drilling is done, in case of thicker metal surfaces, the SSF inserted will not be able to form their own inner threads and as a consequence the pulling strength will be lower than in case of BMF (or carbon steel fastener).

(37)
On the basis of the above the claim set out in recital 34 should be rejected.

(38)
It is concluded that the differences identified in the physical, technical and chemical characteristics have an impact on the end use of BMF. Contrary to SSF, BMF fulfil rather specific functions and their use is limited to well-defined market segments, such as outdoor metal constructions, window cladding and certain in-door fixings in chemically aggressive environments.

(39)
The investigation showed that the production process of BMF differs significantly from that of SSF by involving a number of additional production steps, other machinery and know-how. Especially the welding and the induction heating can be considered as costly, unique and technologically sensitive production steps which are only relevant for BMF.

(40)
It was also confirmed that these differences in production process result in significantly higher costs of manufacturing and prices of BMF. The difference in the cost of manufacturing for a similar type of BMF and SSF can vary between 40 % to 150 % depending on the production method and the type/length of the fastener, while price differences can exceed even 400 %.

(41)
The considerable difference in prices (and costs) between the BMF and SSF implies that BMF will not be used where SSF can be used with the same result, notably in fastening surfaces different from those of thick metal. This supports the conclusion of recital 38 that the consumers are well aware of the differences between these two types of fasteners and perceive them as different products.

(42)
The above findings show that BMF have different physical, chemical and technical characteristics in comparison with SSF and that these differences are relevant for the end use and market perception of the BMF.

(43)
Interchangeability between BMF and SSF is rather limited because in most cases SSF cannot be used with the same result as BMF. In the absence of BMF, users would rather turn to carbon steel fasteners. In addition, interchangeability between SSF and BMF is hampered by the substantial difference in the price of the two products.

(44)
In view of the differences mentioned, it is concluded that BMF do not fall within the product scope of the original investigation and that the measures imposed by the original investigation should not have been applied to imports of BMF. Consequently the scope of application of the measures should be clarified retroactively by amendments to Regulation (EC) No 1890/2005, Implementing Regulation (EU) No 2/2012 and Implementing Regulation (EU) No 205/2013.

(45)
Pursuant to Article 11(4) of the basic Regulation provision should be made in the expiry review Regulation to accommodate newcomer review requests.

(46)
Since the present review investigation was limited to the clarification of the product scope and since BMF should not have been covered by the original measures, in order to prevent any consequent prejudice to importers of the product, it is considered appropriate that the finding be applied retroactively from the date of the entry into force of the original Regulation, including any imports subject to provisional duties between 22 May 2005 and 19 November 2005.

(47)
In the Notice of Initiation the interested parties were explicitly invited to comment on a possible retroactive effect the conclusions might have. Two importers expressed their support for retroactive application and none of the interested parties expressed opposition to the retroactive application of the results of the review.

(48)
Consequently, the provisional duties definitely collected and the definitive anti-dumping duties paid on imports of BMF into the Union pursuant to Regulation (EC) No 1890/2005, as well as definitive anti-dumping duties paid on imports of BMF into the Union pursuant to Implementing Regulation (EU) No 2/2012, as extended by Implementing Regulation (EU) No 205/2013 to imports of certain stainless steel fasteners consigned from the Philippines, whether declared as originating in the Philippines or not, should be repaid or remitted. The repayment or remission must be requested from national customs authorities in accordance with applicable customs legislation.

(49)
This review does not affect the date on which Regulation (EU) No 2/2012 will expire pursuant to Article 11(2) of the basic Regulation.

(50)
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation.

(51)
All interested parties were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. They were also granted a period to submit comments subsequent to the disclosure. No submission and comments were received,

(a)
paragraph 1 is replaced by the following:‘1.   A definitive anti-dumping duty is hereby imposed on imports of certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10 , ex 7318 14 10 (TARIC codes from the day following the publication of Commission Implementing Regulation (EU) No 830/2014(*1): 7318 14 10 51, 7318 14 10 59, 7318 14 10 81 and 7318 14 10 89), 7318 15 30 , 7318 15 51 , 7318 15 61 and 7318 15 70 and originating in the People's Republic of China and Taiwan.Bi-metal fasteners, defined as: bi-metal self-drilling screws, having a shank and head of stainless steel and a point and leading threads of carbon steel, which are welded together allowing the screw to self-drill its own pilot hole and cut its own thread into hard steel metal; and bi-metal self-tapping screws, having a shank and head of stainless steel and leading threads of carbon steel which are welded together, allowing the screw to cut its own thread into hard steel metal; both currently falling within CN code ex 7318 14 10 , shall not be covered by the definitive anti-dumping duty.(*1)Commission Implementing Regulation (EU) No 830/2014 of 30 July 2014 amending Council Regulation (EC) No 1890/2005, Council Implementing Regulation (EU) No 2/2012 and Council Implementing Regulation (EU) No 205/2013 as regards the product scope of the current anti-dumping measures concerning stainless steel fasteners and parts thereof, and as regards newcomer review requests, and providing for the possibility of repayment or remission of duties in certain cases (OJ L 226, 31.7.2014, p. 16).’;"

(b)
the following paragraph 4 is added:‘4.   Where any exporting producer in Taiwan provides sufficient evidence to the Commission that:(a)it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2003 to 30 June 2004);(b)it is not related to any of the exporters or producers in Taiwan which are subject to the measures imposed by this Regulation; and(c)it has actually exported to the Union the product concerned after the investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;the Annex may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 15,8 %.’
(a)
it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2003 to 30 June 2004);
(b)
it is not related to any of the exporters or producers in Taiwan which are subject to the measures imposed by this Regulation; and
(c)
it has actually exported to the Union the product concerned after the investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;

(a)
it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2003 to 30 June 2004);

(b)
it is not related to any of the exporters or producers in Taiwan which are subject to the measures imposed by this Regulation; and

(c)
it has actually exported to the Union the product concerned after the investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;

(a)
it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2003 to 30 June 2004);

(b)
it is not related to any of the exporters or producers in Taiwan which are subject to the measures imposed by this Regulation; and

(c)
it has actually exported to the Union the product concerned after the investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;

Company
Additional TARIC Code

Multi-Tek Fasteners Inc., Clark Freeport Zone, Pampanga, Philippines
B355

Rosario Fasteners Corporation, Cavite Economic Area, Philippines
B356

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), and in particular Articles 9(4) and 11(3), (5) and (6) thereof,

Methodology

Basic physical, chemical and technical characteristics

Physical characteristics

Technical characteristics

Chemical characteristics

Conclusion

End use and interchangeability

Differences in production process, costs and prices.

HAS ADOPTED THIS REGULATION:
Article 1

In Article 1 of Regulation (EC) No 1890/2005, paragraph 1 is replaced by the following:

‘1.   A definitive anti-dumping duty is hereby imposed on imports of certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10 , ex 7318 14 10 , 7318 15 30 , 7318 15 51 , 7318 15 61  and 7318 15 70  and originating in the People’s Republic of China, Indonesia, Taiwan, Thailand and Vietnam.

Bi-metal fasteners, defined as: bi-metal self-drilling screws, having a shank and head of stainless steel and a point and leading threads of carbon steel, which are welded together allowing the screw to self-drill its own pilot hole and cut its own thread into hard steel metal; and bi-metal self-tapping screws, having a shank and head of stainless steel and leading threads of carbon steel which are welded together, allowing the screw to cut its own thread into hard steel metal; both currently falling within CN code ex 7318 14 10 , shall not be covered by the definitive anti-dumping duty.’
Article 2

In Implementing Regulation (EU) No 2/2012, Article 1 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   A definitive anti-dumping duty is hereby imposed on imports of certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10 , ex 7318 14 10  (TARIC codes from the day following the publication of Commission Implementing Regulation (EU) No 830/2014(*1): 7318 14 10 51, 7318 14 10 59, 7318 14 10 81 and 7318 14 10 89), 7318 15 30 , 7318 15 51 , 7318 15 61  and 7318 15 70  and originating in the People’s Republic of China and Taiwan.

Bi-metal fasteners, defined as: bi-metal self-drilling screws, having a shank and head of stainless steel and a point and leading threads of carbon steel, which are welded together allowing the screw to self-drill its own pilot hole and cut its own thread into hard steel metal; and bi-metal self-tapping screws, having a shank and head of stainless steel and leading threads of carbon steel which are welded together, allowing the screw to cut its own thread into hard steel metal; both currently falling within CN code ex 7318 14 10 , shall not be covered by the definitive anti-dumping duty.

(b)

the following paragraph 4 is added:

‘4.   Where any exporting producer in Taiwan provides sufficient evidence to the Commission that:

(a)

it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2003 to 30 June 2004);

(b)

it is not related to any of the exporters or producers in Taiwan which are subject to the measures imposed by this Regulation; and

(c)

it has actually exported to the Union the product concerned after the investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;

the Annex may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 15,8 %.’
Article 3

In Article 1 of Implementing Regulation (EU) No 205/2013, paragraph 1 is replaced by the following:

‘1.   The definitive anti-dumping duty applicable to “all other companies” from the PRC imposed by Article 1(2) of Regulation (EU) No 2/2012, as amended by Article 2 of Commission Implementing Regulation (EU) No 830/2014(*2)on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China, is hereby extended to imports of certain stainless steel fasteners and parts thereof consigned from the Philippines, whether declared as originating in the Philippines or not, currently falling under CN codes ex 7318 12 10 , ex 7318 14 10 , ex 7318 15 30 , ex 7318 15 51 , ex 7318 15 61  and ex 7318 15 70  (TARIC codes 7318 12 10 11, 7318 12 10 91, 7318 14 10 51, 7318 14 10 81, 7318 15 30 11, 7318 15 30 61, 7318 15 30 81, 7318 15 51 11, 7318 15 51 61, 7318 15 51 81, 7318 15 61 11, 7318 15 61 61, 7318 15 61 81, 7318 15 70 11, 7318 15 70 61 and 7318 15 70 81), with the exception of those produced by the companies listed below:
Article 4

For goods not covered by Article 1(1) of Regulation (EC) No 1890/2005 and Article 1(1) of Implementing Regulation (EU) No 2/2012 as extended by Implementing Regulation (EU) No 205/2013 and amended by this Regulation, the definitive anti-dumping duties paid or entered into the accounts pursuant to Article 1(1) and Article 2 of Regulation (EC) No 1890/2005 and Article 1(1) of Implementing Regulation (EU) No 2/2012 as extended by Implementing Regulation (EU) No 205/2013 prior to the amendment by this Regulation shall be repaid or remitted.

Repayment and remission shall be requested from national customs authorities in accordance with applicable customs legislation. In cases where the time limits provided for in Article 236(2) of Council Regulation (EEC) No 2913/92(8)have expired before or on the date of publication of this Regulation, or if they expire within six months after that date, they are hereby extended so as to expire six months after date of entry into force of this Regulation.
Article 5

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

It shall apply retroactively from 20 November 2005.
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), and in particular Articles 9(4) and 11(3), (5) and (6) thereof,

Methodology

Basic physical, chemical and technical characteristics

Physical characteristics

Technical characteristics

Chemical characteristics

Conclusion

End use and interchangeability

Differences in production process, costs and prices.

HAS ADOPTED THIS REGULATION:
In Article 1 of Regulation (EC) No 1890/2005, paragraph 1 is replaced by the following:

‘1.   A definitive anti-dumping duty is hereby imposed on imports of certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10 , ex 7318 14 10 , 7318 15 30 , 7318 15 51 , 7318 15 61  and 7318 15 70  and originating in the People’s Republic of China, Indonesia, Taiwan, Thailand and Vietnam.

Bi-metal fasteners, defined as: bi-metal self-drilling screws, having a shank and head of stainless steel and a point and leading threads of carbon steel, which are welded together allowing the screw to self-drill its own pilot hole and cut its own thread into hard steel metal; and bi-metal self-tapping screws, having a shank and head of stainless steel and leading threads of carbon steel which are welded together, allowing the screw to cut its own thread into hard steel metal; both currently falling within CN code ex 7318 14 10 , shall not be covered by the definitive anti-dumping duty.’
In Implementing Regulation (EU) No 2/2012, Article 1 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   A definitive anti-dumping duty is hereby imposed on imports of certain stainless steel fasteners and parts thereof, currently falling within CN codes 7318 12 10 , ex 7318 14 10  (TARIC codes from the day following the publication of Commission Implementing Regulation (EU) No 830/2014(*1): 7318 14 10 51, 7318 14 10 59, 7318 14 10 81 and 7318 14 10 89), 7318 15 30 , 7318 15 51 , 7318 15 61  and 7318 15 70  and originating in the People’s Republic of China and Taiwan.

Bi-metal fasteners, defined as: bi-metal self-drilling screws, having a shank and head of stainless steel and a point and leading threads of carbon steel, which are welded together allowing the screw to self-drill its own pilot hole and cut its own thread into hard steel metal; and bi-metal self-tapping screws, having a shank and head of stainless steel and leading threads of carbon steel which are welded together, allowing the screw to cut its own thread into hard steel metal; both currently falling within CN code ex 7318 14 10 , shall not be covered by the definitive anti-dumping duty.

(b)

the following paragraph 4 is added:

‘4.   Where any exporting producer in Taiwan provides sufficient evidence to the Commission that:

(a)

it did not export to the Union the product described in Article 1(1) during the investigation period (1 July 2003 to 30 June 2004);

(b)

it is not related to any of the exporters or producers in Taiwan which are subject to the measures imposed by this Regulation; and

(c)

it has actually exported to the Union the product concerned after the investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union;

the Annex may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 15,8 %.’
In Article 1 of Implementing Regulation (EU) No 205/2013, paragraph 1 is replaced by the following:

‘1.   The definitive anti-dumping duty applicable to “all other companies” from the PRC imposed by Article 1(2) of Regulation (EU) No 2/2012, as amended by Article 2 of Commission Implementing Regulation (EU) No 830/2014(*2)on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China, is hereby extended to imports of certain stainless steel fasteners and parts thereof consigned from the Philippines, whether declared as originating in the Philippines or not, currently falling under CN codes ex 7318 12 10 , ex 7318 14 10 , ex 7318 15 30 , ex 7318 15 51 , ex 7318 15 61  and ex 7318 15 70  (TARIC codes 7318 12 10 11, 7318 12 10 91, 7318 14 10 51, 7318 14 10 81, 7318 15 30 11, 7318 15 30 61, 7318 15 30 81, 7318 15 51 11, 7318 15 51 61, 7318 15 51 81, 7318 15 61 11, 7318 15 61 61, 7318 15 61 81, 7318 15 70 11, 7318 15 70 61 and 7318 15 70 81), with the exception of those produced by the companies listed below:
For goods not covered by Article 1(1) of Regulation (EC) No 1890/2005 and Article 1(1) of Implementing Regulation (EU) No 2/2012 as extended by Implementing Regulation (EU) No 205/2013 and amended by this Regulation, the definitive anti-dumping duties paid or entered into the accounts pursuant to Article 1(1) and Article 2 of Regulation (EC) No 1890/2005 and Article 1(1) of Implementing Regulation (EU) No 2/2012 as extended by Implementing Regulation (EU) No 205/2013 prior to the amendment by this Regulation shall be repaid or remitted.

Repayment and remission shall be requested from national customs authorities in accordance with applicable customs legislation. In cases where the time limits provided for in Article 236(2) of Council Regulation (EEC) No 2913/92(8)have expired before or on the date of publication of this Regulation, or if they expire within six months after that date, they are hereby extended so as to expire six months after date of entry into force of this Regulation.
This Regulation shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.

It shall apply retroactively from 20 November 2005.

Pending: 32014R0776

                                January 16, 2026                            

17.7.2014
EN
Official Journal of the European Union
L 210/11

(1)
According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced in excess of the quota referred to in Article 136 of that Regulation may be exported only within the quantitative limit to be fixed by the Commission.

(2)
Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006(2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

(3)
For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets.

(4)
For the 2014/2015 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

(5)
Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particular favorable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimize the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Union of out-of-quota sugar certain close destinations should be excluded from the eligible destinations.

(6)
In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

a)
third countries: Albania, Andorra, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Kosovo(3), Liechtenstein, Montenegro, San Marino and Serbia;

b)
territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

c)
European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar.

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 139(2) and point (g) of the first paragraph of Article 144 thereof,

(1) According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced in excess of the quota referred to in Article 136 of that Regulation may be exported only within the quantitative limit to be fixed by the Commission.

(2) Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006(2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

(3) For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets.

(4) For the 2014/2015 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

(5) Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particular favorable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimize the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Union of out-of-quota sugar certain close destinations should be excluded from the eligible destinations.

(6) In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

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

HAS ADOPTED THIS REGULATION:
Fixing the quantitative limit for out-of-quota sugar exports

Article 1

1.   For the 2014/2015 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 650 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99 .

2.   Exports within the quantitative limit fixed in paragraph 1 shall be allowed for all destinations excluding:

a)

third countries: Albania, Andorra, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Kosovo(3), Liechtenstein, Montenegro, San Marino and Serbia;

b)

territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

c)

European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar.
Fixing the quantitative limit for out-of-quota isoglucose exports

Article 2

1.   For the 2014/2015 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 70 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within CN codes 1702 40 10 , 1702 60 10  and 1702 90 30 .

2.   Exports of the products referred to in paragraph 1 shall only be allowed where they comply with the conditions laid down in Article 4 of Regulation (EC) No 951/2006.
Entry into force and application

Article 3

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

It shall apply from 1 October 2014.

It shall expire on 30 September 2015.
THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 139(2) and point (g) of the first paragraph of Article 144 thereof,

(1) According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced in excess of the quota referred to in Article 136 of that Regulation may be exported only within the quantitative limit to be fixed by the Commission.

(2) Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006(2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

(3) For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets.

(4) For the 2014/2015 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

(5) Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particular favorable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimize the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Union of out-of-quota sugar certain close destinations should be excluded from the eligible destinations.

(6) In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

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

HAS ADOPTED THIS REGULATION:
Fixing the quantitative limit for out-of-quota sugar exports1.   For the 2014/2015 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 650 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99 .

2.   Exports within the quantitative limit fixed in paragraph 1 shall be allowed for all destinations excluding:

a)

third countries: Albania, Andorra, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Kosovo(3), Liechtenstein, Montenegro, San Marino and Serbia;

b)

territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

c)

European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar.
Fixing the quantitative limit for out-of-quota isoglucose exports1.   For the 2014/2015 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 70 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within CN codes 1702 40 10 , 1702 60 10  and 1702 90 30 .

2.   Exports of the products referred to in paragraph 1 shall only be allowed where they comply with the conditions laid down in Article 4 of Regulation (EC) No 951/2006.
Entry into force and applicationThis Regulation shall enter into force on the seventh day following that of its publication in theOfficial Journal of the European Union.

It shall apply from 1 October 2014.

It shall expire on 30 September 2015.

Pending: 32014R0722

                                January 16, 2026                            

1.7.2014
EN
Official Journal of the European Union
L 192/9



(1)
It is in the interest of the Union to suspend totally the autonomous Common Customs Tariff duties on 100 products which are currently not listed in Annex I to Council Regulation (EU) No 1387/2013(1). Those products should, therefore, be inserted into that Annex.



(2)
It is no longer in the interest of the Union to maintain the suspension of autonomous Common Customs Tariff duties on seven of the products that are currently listed in Annex I to Regulation (EU) No 1387/2013. Those products should, therefore, be deleted from that Annex.



(3)
It is necessary to modify the product descriptions of 76 suspensions included in Annex I to Regulation (EU) No 1387/2013 in order to take account of technical product developments, economic trends on the market or to carry out linguistic adaptations. Moreover, TARIC codes for four additional products should be amended. In addition, for three additional products, multiple classification is necessary. The suspensions in respect of which modifications are necessary should be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013, and the modified suspensions should be reinserted into that list.



(4)
For four products it is necessary, in the interest of the Union, to amend the date for their mandatory review in order to allow duty free imports beyond that date. Those products have been reviewed and have been given revised dates for their next mandatory review. Therefore, they should be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013 and, after the necessary modifications, be reintroduced into that list.



(5)
It is necessary to re-group four products falling under four different product descriptions. Those four products should now fall under two product descriptions. Furthermore, the current double classification of the four suspensions relating to those four products has become superfluous and should therefore be amended. Those suspensions should therefore be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013, and the modified suspensions should be reinserted into that list.



(6)
With a view to adequately ensuring the benefit of the suspension with regard to the competitive capacity of the enterprises concerned by products with TARIC code 4408 39 30 10, the suspension relating to those products should apply from 1 January 2014.



(7)
In the interest of clarity, the modified entries should be marked with an asterisk.



(8)
Annex II to Regulation (EU) No 1387/2013 should be completed with supplementary units for some of the new products for which suspensions are granted, in order to allow an appropriate statistical monitoring. For reasons of consistency, the supplementary units assigned to the products deleted from Annex I to Regulation (EU) No 1387/2013 should also be deleted from Annex II to that Regulation.



(9)
Regulation (EU) No 1387/2013 should therefore be amended accordingly.



(10)
Since the amendments pursuant to this Regulation must take effect from 1 July 2014, this Regulation should apply from that date and enter into force on the day of its publication in theOfficial Journal of the European Union,



(1)
between the title and the table, the following note is inserted:‘(*)Suspension relating to a product in this Annex with regard to which the CN or TARIC code or the product description or the mandatory review date has been amended by Council Regulation (EU) No 722/2014 of 24 June 2014 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products (OJ L 192, 1.7.2014, p. 9)’;
‘(*)
Suspension relating to a product in this Annex with regard to which the CN or TARIC code or the product description or the mandatory review date has been amended by Council Regulation (EU) No 722/2014 of 24 June 2014 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products (OJ L 192, 1.7.2014, p. 9)’;

‘(*)
Suspension relating to a product in this Annex with regard to which the CN or TARIC code or the product description or the mandatory review date has been amended by Council Regulation (EU) No 722/2014 of 24 June 2014 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products (OJ L 192, 1.7.2014, p. 9)’;



‘(*)
Suspension relating to a product in this Annex with regard to which the CN or TARIC code or the product description or the mandatory review date has been amended by Council Regulation (EU) No 722/2014 of 24 June 2014 amending Regulation (EU) No 1387/2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products (OJ L 192, 1.7.2014, p. 9)’;



(2)
the rows for the products listed in Annex I to this Regulation are inserted following the order of the CN codes indicated in the first column of the table in Annex I to Regulation (EU) No 1387/2013;



(3)
the rows for the products for which the CN and TARIC codes are set out in Annex II to this Regulation are deleted.



(1)
the rows for the supplementary units for which the CN and TARIC codes are set out in Annex III to this Regulation are added;



(2)
the rows for the supplementary units for which the CN and TARIC codes are set out in Annex IV to this Regulation are deleted.



CN code
TARIC
Description
Rate of autonomous duty
Date foreseen for mandatory review

*ex 1511 90 19*ex 1511 90 91*ex 1513 11 10*ex 1513 19 30*ex 1513 21 10*ex 1513 29 30
101010101010
Palm oil, coconut (copra) oil, palm kernel oil, for the manufacture of:—industrial monocarboxylic fatty acids of subheading 3823 19 10 ,—methyl esters of fatty acids of heading 2915 or 2916 ,—fatty alcohols of subheadings 2905 17 , 2905 19 and 3823 70 used for the manufacture of cosmetics, washing products or pharmaceutical products,—fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,—stearic acid of subheading 3823 11 00—goods of heading 3401—fatty acids with high purity of heading 2915 for the manufacture of chemical products other than products of heading 3826 or—goods of heading 1516(1)
—
industrial monocarboxylic fatty acids of subheading 3823 19 10 ,
—
methyl esters of fatty acids of heading 2915 or 2916 ,
—
fatty alcohols of subheadings 2905 17 , 2905 19 and 3823 70 used for the manufacture of cosmetics, washing products or pharmaceutical products,
—
fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,
—
stearic acid of subheading 3823 11 00
—
goods of heading 3401
—
fatty acids with high purity of heading 2915 for the manufacture of chemical products other than products of heading 3826 or
—
goods of heading 1516(1)
0 %
31.12.2014

—
industrial monocarboxylic fatty acids of subheading 3823 19 10 ,

—
methyl esters of fatty acids of heading 2915 or 2916 ,

—
fatty alcohols of subheadings 2905 17 , 2905 19 and 3823 70 used for the manufacture of cosmetics, washing products or pharmaceutical products,

—
fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,

—
stearic acid of subheading 3823 11 00

—
goods of heading 3401

—
fatty acids with high purity of heading 2915 for the manufacture of chemical products other than products of heading 3826 or

—
goods of heading 1516(1)

ex 1901 90 99ex 2106 90 98
3945
Preparation in powder form containing by weight:—15 % or more but not more than 35 % of wheat derived Maltodextrin,—15 % or more but not more than 35 % of whey (milk serum),—10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil,—10 % or more but not more than 30 % of blended, aged spray dried cheese,—5 % or more but not more than 15 % of buttermilk and—0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid
—
15 % or more but not more than 35 % of wheat derived Maltodextrin,
—
15 % or more but not more than 35 % of whey (milk serum),
—
10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil,
—
10 % or more but not more than 30 % of blended, aged spray dried cheese,
—
5 % or more but not more than 15 % of buttermilk and
—
0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid
0 %
31.12.2018

—
15 % or more but not more than 35 % of wheat derived Maltodextrin,

—
15 % or more but not more than 35 % of whey (milk serum),

—
10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil,

—
10 % or more but not more than 30 % of blended, aged spray dried cheese,

—
5 % or more but not more than 15 % of buttermilk and

—
0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid

ex 2106 10 20
20
Soya protein concentrate having a protein content by weight, calculated on a dry weight basis, of 65 % or more but not more than 90 % in powder or textured form
0 %
31.12.2018

ex 2207 20 00ex 2207 20 00ex 3820 00 00
208020
Feedstock consisting of by weight:—88 % or more but not more than 92 % of Ethanol,—2,2 % or more but not more than 2,7 % of Monoethylene glycol,—1,0 % but not more than 1,3 % of Methylethylketone,—0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active),—0,0293 % or more but not more than 0,0396 % of methyl isopropylketone,—0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone,—10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex),—Not more than 0,01 of Perfumes,—6,5 % or more but not more than 8,0 % of waterfor use in the manufacture of screenwash concentrate and other de-icing preparations(1)
—
88 % or more but not more than 92 % of Ethanol,
—
2,2 % or more but not more than 2,7 % of Monoethylene glycol,
—
1,0 % but not more than 1,3 % of Methylethylketone,
—
0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active),
—
0,0293 % or more but not more than 0,0396 % of methyl isopropylketone,
—
0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone,
—
10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex),
—
Not more than 0,01 of Perfumes,
—
6,5 % or more but not more than 8,0 % of water
0 %
31.12.2018

—
88 % or more but not more than 92 % of Ethanol,

—
2,2 % or more but not more than 2,7 % of Monoethylene glycol,

—
1,0 % but not more than 1,3 % of Methylethylketone,

—
0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active),

—
0,0293 % or more but not more than 0,0396 % of methyl isopropylketone,

—
0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone,

—
10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex),

—
Not more than 0,01 of Perfumes,

—
6,5 % or more but not more than 8,0 % of water

ex 2707 99 99
10
Heavy and medium oils, whose aromatic content exceeds their non-aromatic content, for use as refinery feedstock to undergo one of the specific processes described in Additional note 5 to Chapter 27(1)
0 %
31.12.2018

ex 2710 19 99
10
Catalytically hydroisomerized and dewaxed base oil comprising hydrogenated, highly isoparaffinic hydrocarbons, containing:—90 % or more by weight of saturates, and—not more than 0,03 % by weight of sulphur,with a viscosity index of 120 or more.
—
90 % or more by weight of saturates, and
—
not more than 0,03 % by weight of sulphur,
0 %
31.12.2018

—
90 % or more by weight of saturates, and

—
not more than 0,03 % by weight of sulphur,

*ex 2823 00 00
10
Titanium dioxide (CAS RN 13463-67-7):—of a purity by weight of 99,9 % or more,—with an average grain-size of 0,7 μm or more but not more than 2,1 μm
—
of a purity by weight of 99,9 % or more,
—
with an average grain-size of 0,7 μm or more but not more than 2,1 μm
0 %
31.12.2017

—
of a purity by weight of 99,9 % or more,

—
with an average grain-size of 0,7 μm or more but not more than 2,1 μm

ex 2827 39 85
40
Barium chloride dihydrate (CAS RN 10326-27-9)
0 %
31.12.2018

ex 2835 10 00
20
Sodium hypophosphite (CAS RN 7681-53-0)
0 %
31.12.2018

*ex 2836 99 17
20
Zirconium (IV) basic carbonate (CAS RN 57219-64-4)
0 %
31.12.2018

ex 2841 70 00
10
Diammonium tetraoxomolybdate(2-) (CAS RN 13106-76-8)
0 %
31.12.2018

ex 2903 39 19
10
1-Bromo-2-methylpropane (CAS RN 78-77-3) with a purity not less than 99,0 % and containing not more than:—0,25 % of Sec-butyl bromide—0,06 % of n-butyl bromide—0,06 % of n-propyl bromide
—
0,25 % of Sec-butyl bromide
—
0,06 % of n-butyl bromide
—
0,06 % of n-propyl bromide
0 %
31.12.2018

—
0,25 % of Sec-butyl bromide

—
0,06 % of n-butyl bromide

—
0,06 % of n-propyl bromide

ex 2903 39 90
85
(Perfluorobutyl) ethylene (CAS RN 19430-93-4)
0 %
31.12.2018

ex 2903 39 90
87
1H-Perfluorohexane (CAS RN 355-37-3)
0 %
31.12.2018

ex 2905 11 00
10
Methanol (CAS RN 67-56-1) with a purity of 99,85 % by weight or more
0 %
31.12.2018

*ex 2905 19 00
11
Potassium tert-butanolate (CAS RN 865-47-4), whether or not in the form of a solution in tetrahydrofuran according to note 1e) to Chapter 29 of the CN
0 %
31.12.2018

ex 2905 19 00
20
Butyltitanate monohydrate, homopolymer (CAS RN 162303-51-7)
0 %
31.12.2018

ex 2905 19 00
25
Tetra-(2-ethylhexyl) titanate (CAS RN 1070-10-6)
0 %
31.12.2018

*ex 2908 19 00
10
Pentafluorophenol (CAS RN 771-61-9)
0 %
31.12.2018

ex 2910 90 00
20
2-[(2-Methoxyphenoxy)methyl]oxirane (CAS RN 2210-74-4)
0 %
31.12.2018

ex 2912 29 00
70
4-tert-Butylbenzaldehyde (CAS RN 939-97-9)
0 %
31.12.2018

ex 2912 29 00
80
4-Isopropylbenzaldehyde (CAS RN 122-03-2)
0 %
31.12.2018

ex 2914 50 00
55
2,2',4,4'-Tetrahydroxybenzophenone (CAS RN 131-55-5)
0 %
31.12.2018

ex 2914 70 00
80
Tetrachloro-p-benzoquinone (CAS RN 118-75-2)
0 %
31.12.2018

ex 2915 39 00
25
2-Methylcyclohexyl acetate (CAS RN 5726-19-2)
0 %
31.12.2018

ex 2916 14 00
20
Ethyl methacrylate (CAS RN 97-63-2)
0 %
31.12.2018

ex 2916 39 90
48
3-Fluorobenzoyl chloride (CAS RN 1711-07-5)
0 %
31.12.2018

ex 2917 19 90
15
Dimethyl but-2-ynedioate (CAS RN 762-42-5)
0 %
31.12.2018

ex 2917 19 90
25
n-Dodecenyl succinic anhydride (CAS RN 19780-11-1)
0 %
31.12.2018

ex 2917 39 95
40
Dimethyl 2-nitroterephthalate (CAS RN 5292-45-5)
0 %
31.12.2018

ex 2918 99 90
25
Methyl (E)-3-methoxy-2-(2-chloromethylphenyl)-2-propenoate (CAS RN 117428-51-0)
0 %
31.12.2018

ex 2919 90 00
60
Bisphenol-A bis(diphenyl phosphate) (CAS RN 5945-33-5)
0 %
31.12.2018

ex 2921 42 00
30
4-Nitroaniline (CAS RN 100-01-6)
0 %
31.12.2018

*ex 2921 42 00
86
2,5-Dichloroaniline (CAS RN 95-82-9)
0 %
31.12.2017

ex 2921 49 00
50
3,4-Xylidine (CAS RN 95-64-7)
0 %
31.12.2018

ex 2922 49 85
80
12-Aminododecanoic acid (CAS RN 693-57-2)
0 %
31.12.2018

ex 2924 29 98
37
Beflubutamid (ISO) (CAS RN 113614-08-7)
0 %
31.12.2018

ex 2924 29 98
43
N,N'-(3,3'-Dimethylbiphenyl-4,4'-ylene)di(acetoacetamide) (CAS RN 91-96-3)
0 %
31.12.2018

*ex 2925 29 00
20
N-[3-(Dimethylamino)propyl]-N'-ethylcarbodiimide hydrochloride (CAS RN 25952-53-8)
0 %
31.12.2018

ex 2926 90 95
23
Acrinathrin (ISO) (CAS RN 101007-06-1)
0 %
31.12.2018

ex 2926 90 95
27
Cyhalofop-butyl (ISO) (CAS RN 122008-85-9)
0 %
31.12.2018

ex 2927 00 00
60
4,4'-Dicyano-4,4'-azodivaleric acid (CAS RN 2638-94-0)
0 %
31.12.2018

ex 2930 90 99
37
Ethanethioamide (CAS RN 62-55-5)
0 %
31.12.2018

ex 2930 90 99
43
Trimethylsulfoxonium iodide (CAS RN 1774-47-6)
0 %
31.12.2018

ex 2931 90 90
33
Di-tert-butylphosphane (CAS RN 819-19-2)
0 %
31.12.2018

ex 2932 20 90
45
2,2-Dimethyl-1,3-dioxane-4,6-dione (CAS RN 2033-24-1)
0 %
31.12.2018

ex 2932 99 00
53
1,3-Dihydro-1,3-dimethoxyisobenzofurane (CAS RN 24388-70-3)
0 %
31.12.2018

*ex 2932 99 00
80
1,3:2,4-bis-O-(4-Methylbenzylidene)-D-glucitol (CAS RN 81541-12-0)
0 %
31.12.2016

*ex 2933 21 00
50
1-Bromo-3-chloro-5,5-dimethylhydantoin (CAS RN 16079-88-2)/(CAS RN 32718-18-6)
0 %
31.12.2016

ex 2933 39 99
58
4-Chloro-1-methylpiperidine (CAS RN 5570-77-4)
0 %
31.12.2018

ex 2933 49 90
80
Ethyl 6,7,8-trifluoro-1-[formyl(methyl)amino]-4-oxo-1,4-dihydroquinoline-3-carboxylate (CAS RN 100276-65-1)
0 %
31.12.2018

ex 2933 59 95
13
2-Diethylamino-6-hydroxy-4-methylpyrimidine (CAS RN 42487-72-9)
0 %
31.12.2018

*ex 2933 59 95
15
Sitagliptin phosphate monohydrate (CAS RN 654671-77-9)
0 %
31.12.2018

ex 2933 69 80
65
1,3,5-Triazine-2,4,6(1H,3H,5H)-trithione, trisodium salt (CAS RN 17766-26-6)
0 %
31.12.2018

ex 2933 99 80
14
2-(2H-benzotriazol-2-yl)-4-methyl-6-(2-methylprop-2-en-1-yl)phenol(CAS RN 98809-58-6)
0 %
31.12.2018

*ex 2935 00 90
17
6-Methyl-4-oxo-5,6-dihydro-4H-thieno[2,3-b]thiopyran-2-sulfonamide (CAS RN 120279-88-1)
0 %
31.12.2018

*ex 2935 00 90
88
N-(2-(4-Amino-N-ethyl-m-toluidino)ethyl)methanesulphonamide sesquisulphate monohydrate (CAS RN 25646-71-3)
0 %
31.12.2018

ex 3204 11 00
15
Colourant C.I. Disperse Blue 360 (CAS RN 70693-64-0) and preparations based thereon with a colourant C.I. Disperse Blue 360 content of 99 % or more by weight
0 %
31.12.2018

*ex 3204 11 00
20
Colourant C.I. Disperse Yellow 241 (CAS RN 83249-52-9) and preparations based thereon with a colourant C.I. Disperse Yellow 241 content of 97 % or more by weight
0 %
31.12.2015

*ex 3204 11 00
40
Colourant C.I. Disperse Red 60 (CAS RN 17418-58-5) and preparations based thereon with a colourant C.I. Disperse Red 60 content of 50 % or more by weight
0 %
31.12.2016

*ex 3204 11 00
50
Colourant C.I. Disperse Blue 72 (CAS RN 81-48-1) and preparations based thereon with a colourant C.I. Disperse Blue 72 content of 95 % or more by weight
0 %
31.12.2016

*ex 3204 11 00
60
Colourant C.I. Disperse Blue 359 (CAS RN 62570-50-7) and preparations based thereon with a colourant C.I. Disperse Blue 359 content of 50 % or more by weight
0 %
31.12.2016

*ex 3204 11 00
70
Colourant C.I. Disperse Red 343 (CAS RN 99035-78-6) and preparations based thereon with a colourant C.I. Disperse Red 343 content of 95 % or more by weight
0 %
31.12.2017

*ex 3204 12 00
10
Colourant C.I. Acid Blue 9 (CAS RN 2650-18-2) and preparations based thereon with a colourant C.I. Acid Blue 9 content of 50 % or more by weight
0 %
31.12.2016

ex 3204 12 00
50
Colourant C.I. Acid Blue 80 (CAS RN 4474-24-2) and preparations based thereon with a colourant C.I. Acid Blue 80 content of 99 % or more by weight
0 %
31.12.2018

*ex 3204 13 00
10
Colourant C.I. Basic Red 1 (CAS RN 989-38-8) and preparations based thereon with a colourant C.I. Basic Red 1 content of 50 % or more by weight
0 %
31.12.2016

*ex 3204 13 00
30
Colourant C.I. Basic Blue 7 (CAS RN 2390-60-5) and preparations based thereon with a colourant C.I. Basic Blue 7 content of 50 % or more by weight
0 %
31.12.2017

*ex 3204 13 00
40
Colourant C.I. Basic Violet 1 (CAS RN 603-47-4 or CAS RN 8004-87-3) and preparations based thereon with a colourant C.I. Basic Violet 1 content of 90 % or more by weight
0 %
31.12.2017

*ex 3204 15 00
10
Colourant C.I. Vat Orange 7 (C.I.Pigment Orange 43) (CAS RN 4424-06-0) and preparations based thereon with a colourant C.I. Vat Orange 7 (C.I.Pigment Orange 43) content of 20 % or more by weight
0 %
31.12.2017

*ex 3204 15 00
60
Colourant C.I. Vat Blue 4 (CAS RN 81-77-6) and preparations based thereon with a colourant C.I. Vat Blue 4 content of 50 % or more by weight
0 %
31.12.2018

ex 3204 15 00
70
Colourant C.I. Vat Red 1 (CAS RN 2379-74-0)
0 %
31.12.2018

*ex 3204 17 00
10
Colourant C.I. Pigment Yellow 81 (CAS RN 22094-93-5) and preparations based thereon with a colourant C.I. Pigment Yellow 81 content of 50 % or more by weight
0 %
31.12.2018

ex 3204 17 00
13
Colourant C.I. Pigment Red 48:2 (CAS RN 7023-61-2)
0 %
31.12.2018

*ex 3204 17 00
15
Colourant C.I. Pigment Green 7 (CAS RN 1328-53-6) and preparations based thereon with a colourant C.I. Pigment Green 7 content of 40 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
20
Colourant C.I. Pigment Blue 15:3 (CAS RN 147-14-8) and preparations based thereon with a colourant C.I. Pigment Blue 15:3 content of 35 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
25
Colourant C.I. Pigment Yellow 14 (CAS RN 5468-75-7) and preparations based thereon with a colourant C.I. Pigment Yellow 14 content of 25 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
30
Colourant C.I. Pigment Yellow 97 (CAS RN 12225-18-2) and preparations based thereon with a colourant C.I. Pigment Yellow 97 content of 30 % or more by weight
0 %
31.12.2017

*ex 3204 17 00
35
Colourant C.I. Pigment Red 202 (CAS RN 3089-17-6) and preparations based thereon with a colourant C.I. Pigment Red 202 content of 70 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
40
Colourant C.I. Pigment Yellow 120 (CAS RN 29920-31-8) and preparations based thereon with a colourant C.I. Pigment Yellow 120 content of 50 % or more by weight
0 %
31.12.2014

*ex 3204 17 00
50
Colourant C.I. Pigment Yellow 180 (CAS RN 77804-81-0) and preparations based thereon with a colourant C.I. Pigment Yellow 180 content of 90 % or more by weight
0 %
31.12.2014

*ex 3204 17 00
60
Colourant C.I. Pigment Red 53:1 (CAS RN 5160-02-1) and preparations based thereon with a colourant C.I. Pigment Red 53:1 content of 50 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
65
Colourant C.I. Pigment Red 53 (CAS RN 2092-56-0) and preparations based thereon with a colourant C.I. Pigment Red 53 content of 50 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
70
Colourant C.I. Pigment Yellow 13 (CAS RN 5102-83-0 or CAS RN 15541-56-7) and preparations based thereon with a colourant C.I. Pigment Yellow 13 content of 60 % or more by weight
0 %
31.12.2016

*ex 3204 17 00
75
Colourant C.I. Pigment Orange 5 (CAS RN 3468-63-1) and preparations based thereon with a colourant C.I. Pigment Orange 5 content of 80 % or more by weight
0 %
31.12.2017

*ex 3204 17 00
80
Colourant C.I. Pigment Red 207 (CAS RN 71819-77-7) and preparations based thereon with a colourant C.I. Pigment Red 207 content of 50 % or more by weight
0 %
31.12.2017

*ex 3204 17 00
85
Colourant C.I. Pigment Blue 61 (CAS RN 1324-76-1) and preparations based thereon with a colourant C.I. Pigment Blue 61 content of 35 % or more by weight
0 %
31.12.2017

*ex 3204 17 00
88
Colourant C.I. Pigment Violet 3 (CAS RN 1325-82-2 or CAS RN 101357-19-1) and preparations based thereon with a colourant C.I. Pigment Violet 3 content of 90 % or more by weight
0 %
31.12.2017

*ex 3204 19 00
70
Colourant C.I. Solvent Red 49:2 (CAS RN 1103-39-5) and preparations based thereon with a colourant C.I. Solvent Red 49:2 content of 90 % or more by weight
0 %
31.12.2018

*ex 3204 19 00
71
Colourant C.I. Solvent Brown 53 (CAS RN 64696-98-6) and preparations based thereon with a colourant C.I. Solvent Brown 53 content of 95 % or more by weight
0 %
31.12.2015

*ex 3204 19 00
73
Colourant C.I. Solvent Blue 104 (CAS RN 116-75-6) and preparations based thereon with a colourant C.I. Solvent Blue 104 content of 97 % or more by weight
0 %
31.12.2015

*ex 3204 19 00
77
Colourant C.I. Solvent Yellow 98 (CAS RN 27870-92-4 or CAS RN 12671-74-8) and preparations based thereon with a colourant C.I. Solvent Yellow 98 content of 95 % or more by weight
0 %
31.12.2016

*ex 3204 19 00
84
Colourant C.I. Solvent Blue 67 (CAS RN 12226-78-7) and preparations based thereon with a colourant C.I. Solvent Blue 67 content of 98 % or more by weight
0 %
31.12.2017

*ex 3204 19 00
85
Colourant C.I. Solvent Red HPR (CAS RN 75198-96-8) and preparations based thereon with a colourant C.I. Solvent Red HPR content of 95 % or more by weight
0 %
31.12.2017

*ex 3204 20 00
20
Colourant C.I. Fluorescent Brightener 71 (CAS RN 16090-02-1) and preparations based thereon with a colourant C.I. Fluorescent Brightener 71 content of 94 % or more by weight
0 %
31.12.2016

*ex 3204 20 00
30
Colourant C.I. Fluorescent Brightener 351 (CAS RN 27344-41-8) and preparations based thereon with a colourant C.I. Fluorescent Brightener 351 content of 90 % or more by weight
0 %
31.12.2016

ex 3206 49 70
10
Non aqueous dispersion, containing by weight:—57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1)—37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and—1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75)
—
57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1)
—
37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and
—
1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75)
0 %
31.12.2018

—
57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1)

—
37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and

—
1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75)

*ex 3208 90 19
15
Chlorinated polyolefins, in a solution
0 %
31.12.2018

ex 3208 90 19ex 3824 90 97
4561
Polymer consisting of a polycondensate of formaldehyde and naphthalenediol, chemically modified by reaction with an alkyne halide, dissolved in propylene glycol methyl ether acetate
0 %
31.12.2018

*ex 3701 99 00
10
Plate of quartz or of glass, covered with a film of chromium and coated with a photosensitive or electron-sensitive resin, of a kind used for goods of heading 8541 or 8542
0 %
31.12.2018

*ex 3707 10 00
40
Sensitising emulsion, containing:—not more than 10 % by weight of naphthoquinonediazide esters,—2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene—not more than 7 % by weight of epoxy-containing derivativesdissolved in 1-ethoxy-2-propyl acetate and/or ethyl lactate
—
not more than 10 % by weight of naphthoquinonediazide esters,
—
2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene
—
not more than 7 % by weight of epoxy-containing derivatives
0 %
31.12.2016

—
not more than 10 % by weight of naphthoquinonediazide esters,

—
2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene

—
not more than 7 % by weight of epoxy-containing derivatives

*ex 3808 91 90
30
Preparation containing endospores or spores and protein crystals derived from either:—Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior,—Bacillus thuringiensissubsp.kurstakior,—Bacillus thuringiensissubsp.israelensisor,—Bacillus thuringiensissubsp.aizawaior,—Bacillus thuringiensissubsp.tenebrionis
—
Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior,
—
Bacillus thuringiensissubsp.kurstakior,
—
Bacillus thuringiensissubsp.israelensisor,
—
Bacillus thuringiensissubsp.aizawaior,
—
Bacillus thuringiensissubsp.tenebrionis
0 %
31.12.2014

—
Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior,

—
Bacillus thuringiensissubsp.kurstakior,

—
Bacillus thuringiensissubsp.israelensisor,

—
Bacillus thuringiensissubsp.aizawaior,

—
Bacillus thuringiensissubsp.tenebrionis

ex 3811 21 00
13
Additives containing:—borated magnesium (C16-C24) alkylbenzene sulphonates and—mineral oils,having a total base number (TBN) of more than 250, but not more than 350, for use in the manufacture of lubricating oils(1)
—
borated magnesium (C16-C24) alkylbenzene sulphonates and
—
mineral oils,
0 %
31.12.2018

—
borated magnesium (C16-C24) alkylbenzene sulphonates and

—
mineral oils,

ex 3811 21 00
15
Additives, consisting of:—zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7),—triphenyl thiophosphate (CAS RN 597-82-0),—triphenyl phosphite (CAS RN 101-02-0), and—mineral oils,for use in the manufacture of lubricating oils(1)
—
zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7),
—
triphenyl thiophosphate (CAS RN 597-82-0),
—
triphenyl phosphite (CAS RN 101-02-0), and
—
mineral oils,
0 %
31.12.2018

—
zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7),

—
triphenyl thiophosphate (CAS RN 597-82-0),

—
triphenyl phosphite (CAS RN 101-02-0), and

—
mineral oils,

ex 3811 21 00
17
Additives containing:—mainly sulphurized diisobutylene,—calcium sulphonate,—dialkylaminoalkyl polyisobutylene succinate, and—mineral oils,for use in the manufacture of lubricating oils(1)
—
mainly sulphurized diisobutylene,
—
calcium sulphonate,
—
dialkylaminoalkyl polyisobutylene succinate, and
—
mineral oils,
0 %
31.12.2018

—
mainly sulphurized diisobutylene,

—
calcium sulphonate,

—
dialkylaminoalkyl polyisobutylene succinate, and

—
mineral oils,

ex 3811 21 00
25
Additives containing:—a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and—more than 15 %, but not more than 30 % by weight of mineral oils,for use in the manufacture of lubricating oils(1)
—
a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and
—
more than 15 %, but not more than 30 % by weight of mineral oils,
0 %
31.12.2018

—
a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and

—
more than 15 %, but not more than 30 % by weight of mineral oils,

ex 3811 21 00
27
Additives containing:—20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and—mineral oils,for use in the manufacture of lubricating oils(1)
—
20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and
—
mineral oils,
0 %
31.12.2018

—
20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and

—
mineral oils,

ex 3811 21 00
33
Additives containing:—calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and—mineral oils,having a total base number (TBN) of more than 40 but not more than 100, for use in the manufacture of lubricating oils or overbased detergents for use in lubricating oils(1)
—
calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and
—
mineral oils,
0 %
31.12.2018

—
calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and

—
mineral oils,

ex 3811 21 00
35
Additives containing:—o-amino polyisobutylenephenol (CAS RN 78330-13-9),—polyisobutylene succinimide (CAS RN 84605-20-9),—alkenylimidazoline (CAS RN 68784-17-8),—nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and—more than 30 %, but not more than 45 % by weight of mineral oils,for use in the manufacture of lubricating oils(1)
—
o-amino polyisobutylenephenol (CAS RN 78330-13-9),
—
polyisobutylene succinimide (CAS RN 84605-20-9),
—
alkenylimidazoline (CAS RN 68784-17-8),
—
nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and
—
more than 30 %, but not more than 45 % by weight of mineral oils,
0 %
31.12.2018

—
o-amino polyisobutylenephenol (CAS RN 78330-13-9),

—
polyisobutylene succinimide (CAS RN 84605-20-9),

—
alkenylimidazoline (CAS RN 68784-17-8),

—
nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and

—
more than 30 %, but not more than 45 % by weight of mineral oils,

ex 3811 21 00
37
Additives containing:—a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and—more than 50 % but not more than 75 % by weight of mineral oils,for use in the manufacture of lubricating oils(1)
—
a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and
—
more than 50 % but not more than 75 % by weight of mineral oils,
0 %
31.12.2018

—
a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and

—
more than 50 % but not more than 75 % by weight of mineral oils,

ex 3811 21 00
43
Additives containing:—borated succinimide compounds (CAS RN 134758-95-5), and—mineral oils,having a total base number (TBN) greater than 40, for use in the manufacture of lubricating oils(1)
—
borated succinimide compounds (CAS RN 134758-95-5), and
—
mineral oils,
0 %
31.12.2018

—
borated succinimide compounds (CAS RN 134758-95-5), and

—
mineral oils,

ex 3811 21 00
45
Additives containing:—an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer,—an ethylene-propylene copolymer,—an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and—more than 15 % but not more than 30 % by weight of mineral oils,whether or not containing a methacrylic pour point depressant polymer, for use in the manufacture of lubricating oils(1)
—
an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer,
—
an ethylene-propylene copolymer,
—
an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and
—
more than 15 % but not more than 30 % by weight of mineral oils,
0 %
31.12.2018

—
an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer,

—
an ethylene-propylene copolymer,

—
an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and

—
more than 15 % but not more than 30 % by weight of mineral oils,

*ex 3811 29 00
20
Additives for lubricating oils, consisting of reaction products of bis(2-methylpentan-2-yl)dithiophosphoric acid with propylene oxide, phosphorus oxide, and amines with C12-14 alkyl chains, used as a concentrated additive for the manufacture of lubricating oils
0 %
31.12.2017

*ex 3811 29 00
40
Additives for lubricating oils, consisting of reaction products of 2-methyl-prop-1-ene with sulphur monochloride and sodium sulphide (CAS RN 68511-50-2), with a chlorine content by weight of 0,01 % or more but not more than 0,5 %, used as a concentrated additive for the manufacture of lubricating oils
0 %
31.12.2017

ex 3811 29 00
60
Additives containing:—mainly sulphurized diisobutylene,—calcium sulphonate, and—dialkylaminoalkyl polyisobutylene succinatefor use in the manufacture of lubricating oils(1)
—
mainly sulphurized diisobutylene,
—
calcium sulphonate, and
—
dialkylaminoalkyl polyisobutylene succinate
0 %
31.12.2018

—
mainly sulphurized diisobutylene,

—
calcium sulphonate, and

—
dialkylaminoalkyl polyisobutylene succinate

ex 3811 29 00
70
Additives consisting of dialkylphosphites (in which the alkyl groups contain more than 80 % by weight of oleyl, palmityl and stearyl groups), for use in the manufacture of lubricating oils(1)
0 %
31.12.2018

ex 3811 29 00
80
Additives containing:—more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and—more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3),for use in the manufacture of lubricating oils(1)
—
more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and
—
more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3),
0 %
31.12.2018

—
more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and

—
more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3),

ex 3811 29 00
85
Additives consisting of a mixture of 3-((C9-11)-isoalkyloxy)tetrahydrothiophene 1,1-dioxide, C10-rich (CAS RN 398141-87-2), for use in the manufacture of lubricating oils(1)
0 %
31.12.2018

*ex 3823 19 30*ex 3823 19 30
2030
Palm fatty acid distillate, whether or not hydrogenated, with free fatty acid content 80 % or more for use in the manufacture of:—industrial monocarboxylic fatty acids of heading 3823 ,—stearic acid of heading 3823 ,—stearic acid of heading 2915 ,—palmitic acid of heading 2915 , or—animal feed preparations of heading 2309(1)
—
industrial monocarboxylic fatty acids of heading 3823 ,
—
stearic acid of heading 3823 ,
—
stearic acid of heading 2915 ,
—
palmitic acid of heading 2915 , or
—
animal feed preparations of heading 2309(1)
0 %
31.12.2018

—
industrial monocarboxylic fatty acids of heading 3823 ,

—
stearic acid of heading 3823 ,

—
stearic acid of heading 2915 ,

—
palmitic acid of heading 2915 , or

—
animal feed preparations of heading 2309(1)

*ex 3823 19 90*ex 3823 19 90
2030
Palm acid oils from refining for use in the manufacture of:—industrial monocarboxylic fatty acids of heading 3823 ,—stearic acid of heading 3823 ,—stearic acid of heading 2915 ,—palmitic acid of heading 2915 , or—animal feed preparations of heading 2309(1)
—
industrial monocarboxylic fatty acids of heading 3823 ,
—
stearic acid of heading 3823 ,
—
stearic acid of heading 2915 ,
—
palmitic acid of heading 2915 , or
—
animal feed preparations of heading 2309(1)
0 %
31.12.2018

—
industrial monocarboxylic fatty acids of heading 3823 ,

—
stearic acid of heading 3823 ,

—
stearic acid of heading 2915 ,

—
palmitic acid of heading 2915 , or

—
animal feed preparations of heading 2309(1)

*ex 3824 90 97
18
Poly(tetramethylene glycol) bis[(9-oxo-9H-thioxanthen-1-yloxy)acetate] with an average polymer chain length of less than 5 monomer units (CAS RN 813452-37-8)
0 %
31.12.2014

ex 3824 90 97
25
Preparation of tetrahydro-α-(1-naphthylmethyl)furan-2-propionic acid (CAS RN 25379-26-4) in toluene
0 %
31.12.2018

*ex 3824 90 97
33
Preparation, containing:—trioctylphosphine oxide (CAS RN 78-50-2),—dioctylhexylphosphine oxide (CAS RN 31160-66-4),—octyldihexylphosphine oxide (CAS RN 31160-64-2) and—trihexylphosphine oxide (CAS RN 3084-48-8)
—
trioctylphosphine oxide (CAS RN 78-50-2),
—
dioctylhexylphosphine oxide (CAS RN 31160-66-4),
—
octyldihexylphosphine oxide (CAS RN 31160-64-2) and
—
trihexylphosphine oxide (CAS RN 3084-48-8)
0 %
31.12.2016

—
trioctylphosphine oxide (CAS RN 78-50-2),

—
dioctylhexylphosphine oxide (CAS RN 31160-66-4),

—
octyldihexylphosphine oxide (CAS RN 31160-64-2) and

—
trihexylphosphine oxide (CAS RN 3084-48-8)

*ex 3824 90 97
34
Zinc Dimethacrylate (CAS RN 13189-00-9), containing not more than 2,5 % by weight of 2,6-di-tert-butyl-alpha-dimethyl amino-p-cresol (CAS RN 88-27-7), in the form of powder
0 %
31.12.2018

ex 3824 90 97
46
Additives for paints and coatings, containing:—a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and—30 % or more but not more than 35 % by weight of isobutyl alcohol
—
a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and
—
30 % or more but not more than 35 % by weight of isobutyl alcohol
0 %
31.12.2018

—
a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and

—
30 % or more but not more than 35 % by weight of isobutyl alcohol

ex 3824 90 97
57
Carrier in powder form, consisting of:—Ferrite (Iron oxide) (CAS RN 1309-37-1)—Manganese oxide (CAS RN 1344-43-0)—Magnesium oxide (CAS RN 1309-48-4)—Styrene acrylate copolymerto be mixed with the toner powder, in the manufacturing of ink/toner filled bottles or cartridges for facsimile machines, computer printers and copiers(1)
—
Ferrite (Iron oxide) (CAS RN 1309-37-1)
—
Manganese oxide (CAS RN 1344-43-0)
—
Magnesium oxide (CAS RN 1309-48-4)
—
Styrene acrylate copolymer
0 %
31.12.2018

—
Ferrite (Iron oxide) (CAS RN 1309-37-1)

—
Manganese oxide (CAS RN 1344-43-0)

—
Magnesium oxide (CAS RN 1309-48-4)

—
Styrene acrylate copolymer

ex 3824 90 97
63
Catalyst containing by weight of—52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1),—38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and—10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8)
—
52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1),
—
38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and
—
10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8)
0 %
31.12.2018

—
52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1),

—
38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and

—
10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8)

ex 3824 90 97
80
Preparation consisting of:—80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and—10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3)
—
80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and
—
10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3)
0 %
31.12.2018

—
80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and

—
10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3)

ex 3824 90 97
81
N-(2-phenylethyl)-1,3-benzenedimethanamine derivatives (CAS RN 404362-22-7)
0 %
31.12.2018

ex 3824 90 97
83
C6-24 and C16-18-unsaturated fatty acid esters with sucrose (sucrose polysoyate) (CAS RN 93571-82-5)
0 %
31.12.2018

ex 3824 90 97ex 3906 90 90
8587
Aqueous solution of polymers and ammonia consisting of:—0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and—0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid)
—
0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and
—
0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid)
0 %
31.12.2018

—
0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and

—
0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid)

ex 3901 10 10
10
Linear low-density polyethylene/LLDPE (CAS RN 9002-88-4) in the form of powder, with—5 % or less by weight of comonomer,—a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and—a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3
—
5 % or less by weight of comonomer,
—
a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and
—
a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3
0 %
31.12.2018

—
5 % or less by weight of comonomer,

—
a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and

—
a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3

ex 3901 90 90
30
Linear low-density polyethylene/LLDPE (CAS RN 9002-88-4) in the form of powder, with—more than 5 %, but not more than 8 % by weight of comonomer,—a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and—a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3
—
more than 5 %, but not more than 8 % by weight of comonomer,
—
a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and
—
a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3
0 %
31.12.2018

—
more than 5 %, but not more than 8 % by weight of comonomer,

—
a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and

—
a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3

ex 3901 90 90
40
Copolymer of ethylene and 1-hexene only (CAS RN 25213-02-9):—containing more than 5 % but not more than 20 % by weight of 1-hexene,—of a specific gravity of not more than 0,93,—manufactured using a metallocene catalyst
—
containing more than 5 % but not more than 20 % by weight of 1-hexene,
—
of a specific gravity of not more than 0,93,
—
manufactured using a metallocene catalyst
0 %
31.12.2018

—
containing more than 5 % but not more than 20 % by weight of 1-hexene,

—
of a specific gravity of not more than 0,93,

—
manufactured using a metallocene catalyst

*ex 3902 90 90
94
Chlorinated polyolefins, whether or not in a solution or dispersion
0 %
31.12.2018

*ex 3907 30 00
60
Polyglycerol polyglycidyl ether resin (CAS RN 118549-88-5)
0 %
31.12.2017

*ex 3907 40 00
30
Polycarbonate pellets or granules with a specific gravity of 1,18 or more but not more than 1,25, containing by weight:—77 % or more but not more than 90 % of polycarbonate,—8 % or more but not more than 20 % of phosphoric acid ester,—0,1 % or more but not more than 1 % of antioxidant, andwhether or not containing 1 % or more but not more than 5 % of flame retardant
—
77 % or more but not more than 90 % of polycarbonate,
—
8 % or more but not more than 20 % of phosphoric acid ester,
—
0,1 % or more but not more than 1 % of antioxidant, and
0 %
31.12.2016

—
77 % or more but not more than 90 % of polycarbonate,

—
8 % or more but not more than 20 % of phosphoric acid ester,

—
0,1 % or more but not more than 1 % of antioxidant, and

ex 3907 60 80
60
Oxygen binding copolymer (as determined by the ASTM D 1434 and 3985 methods), obtained from benzenedicarboxylic acids, ethylene glycol and polybutadiene substituted by hydroxy groups
0 %
31.12.2018

*ex 3910 00 00
40
Silicones of a kind used in the manufacture of long term surgical implants
0 %
31.12.2016

*ex 3913 90 00
85
Sterile sodium hyaluronate (CAS RN 9067-32-7)
0 %
31.12.2018

ex 3919 90 00
67
Self-adhesive plastic film consisting of:—a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns—an adhesive layer with a thickness of more than 5 but not more than 15 microns—a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns—a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns
—
a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns
—
an adhesive layer with a thickness of more than 5 but not more than 15 microns
—
a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns
—
a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns
0 %
31.12.2018

—
a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns

—
an adhesive layer with a thickness of more than 5 but not more than 15 microns

—
a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns

—
a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns

ex 3921 90 10
30
Multilayer film consisting of:—a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm,—a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm,—an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm,—and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm
—
a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm,
—
a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm,
—
an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm,
—
and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm
0 %
31.12.2018

—
a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm,

—
a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm,

—
an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm,

—
and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm

*ex 3921 90 55*ex 7019 40 00*ex 7019 40 00
252129
Prepreg sheets or rolls containing polyimide resin
0 %
31.12.2014

ex 3926 90 97
50
Knob of car radio front panel, made of Bisphenol A-based polycarbonate
0 %
31.12.2018

ex 4408 39 30
10
Okoumé veneer sheets of a thickness not exceeding 6 mm, unsanded, unplaned, of a kind used in plywood manufacture
0 %
31.12.2018

*ex 5603 12 90*ex 5603 13 90
6060
Non-woven of spunbonded polyethylene, of a weight of more than 60 g/m2 but not more than 80 g/m2 and an air resistance (Gurley) of 8 seconds or more but not more than 36 seconds (as determined by the ISO 5636/5 method)
0 %
31.12.2018

ex 5603 93 90
60
Nonwovens made of polyester fibres,—with a weight of 85 g/m2,—with a constant thickness of 95 μm (± 5 μm),—neither coated nor covered,—in 1 m wide rolls of 2 000 m to 5 000 m length,suitable for the coating of membranes in the manufacture of osmosis and reverse osmosis filters(1)
—
with a weight of 85 g/m2,
—
with a constant thickness of 95 μm (± 5 μm),
—
neither coated nor covered,
—
in 1 m wide rolls of 2 000 m to 5 000 m length,
0 %
31.12.2018

—
with a weight of 85 g/m2,

—
with a constant thickness of 95 μm (± 5 μm),

—
neither coated nor covered,

—
in 1 m wide rolls of 2 000 m to 5 000 m length,

ex 6909 19 00
25
Ceramic proppants, containing aluminium oxide, silicon oxide and iron oxide
0 %
31.12.2018

*ex 6909 19 00
80
Ceramic heat sinks, containing by weight:—66 % or more of silicon carbide,—10 %ormore of aluminium oxidefor maintaining the operating temperature of transistors, diodes and integrated circuits in products of headings 8521 or 8528(1)
—
66 % or more of silicon carbide,
—
10 %ormore of aluminium oxide
0 %
31.12.2016

—
66 % or more of silicon carbide,

—
10 %ormore of aluminium oxide

*ex 7019 40 00*ex 7019 40 00
1119
Woven fabrics of rovings, impregnated with epoxy resin, with a coefficient of thermal expansion between 30 °C and 120 °C (measured according to IPC-TM-650) of:—10ppm per°C or more but not more than 12ppm per°C in the length and width, and—20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650)
—
10ppm per°C or more but not more than 12ppm per°C in the length and width, and
—
20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650)
0 %
31.12.2018

—
10ppm per°C or more but not more than 12ppm per°C in the length and width, and

—
20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650)

*ex 7020 00 10*ex 7616 99 90
1077
Television pedestal stands with or without bracket for fixation to and stabilization of television cabinet case/body
0 %
31.12.2016

ex 7608 20 89
30
Seamless aluminium alloyed extruded tubes with:—an outer diameter of 60 mm or more but not more than 420 mm, and—a wall thickness of 10 mm or more but not more than 80 mm
—
an outer diameter of 60 mm or more but not more than 420 mm, and
—
a wall thickness of 10 mm or more but not more than 80 mm
0 %
31.12.2018

—
an outer diameter of 60 mm or more but not more than 420 mm, and

—
a wall thickness of 10 mm or more but not more than 80 mm

*ex 8309 90 90
10
Aluminium can ends:—with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm),—whether or not with a ‘ring-pull’ aperture
—
with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm),
—
whether or not with a ‘ring-pull’ aperture
0 %
31.12.2018

—
with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm),

—
whether or not with a ‘ring-pull’ aperture

ex 8414 30 81ex 8414 80 73
6030
Hermetic rotary compressors for Hydro-Fluoro-Carbon (HFC) refrigerants:—driven by ‘on-off' single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors—with a nominal power rating of not more than 1,5 kWof a kind used in the production of household heat pump laundry tumble dryers
—
driven by ‘on-off' single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors
—
with a nominal power rating of not more than 1,5 kW
0 %
31.12.2018

—
driven by ‘on-off' single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors

—
with a nominal power rating of not more than 1,5 kW

ex 8431 20 00
40
Aluminium core, plastic tank radiator, with integral steel support structure and an open core square wave design of 9 fins per 2,54 cm of core length for use in the manufacture of vehicles of heading 8427(1)
0 %
31.12.2018

ex 8475 29 00ex 8514 10 80
1010
Glass Filament Melter with heater basket/bushing assembly:—electrically heated,—with opening—with a multiplicity of tips (holes) of platinum/rhodium alloy—used to melt glass batches and condition molten glass—for drawing into continuous fibres
—
electrically heated,
—
with opening
—
with a multiplicity of tips (holes) of platinum/rhodium alloy
—
used to melt glass batches and condition molten glass
—
for drawing into continuous fibres
0 %
31.12.2018

—
electrically heated,

—
with opening

—
with a multiplicity of tips (holes) of platinum/rhodium alloy

—
used to melt glass batches and condition molten glass

—
for drawing into continuous fibres

ex 8501 10 99
70
DC stepping motor, with—an angle of step of 7,5° (± 0,5°)—a two-phase winding,—a rated voltage of 9 V or more, but not more than 16,0 V—of a specified temperature range covering at least – 40 °C to + 105 °C—with or without connecting pinion—with or without motor drive connector
—
an angle of step of 7,5° (± 0,5°)
—
a two-phase winding,
—
a rated voltage of 9 V or more, but not more than 16,0 V
—
of a specified temperature range covering at least – 40 °C to + 105 °C
—
with or without connecting pinion
—
with or without motor drive connector
0 %
31.12.2018

—
an angle of step of 7,5° (± 0,5°)

—
a two-phase winding,

—
a rated voltage of 9 V or more, but not more than 16,0 V

—
of a specified temperature range covering at least – 40 °C to + 105 °C

—
with or without connecting pinion

—
with or without motor drive connector

*ex 8501 10 99
80
DC stepping motor, with:—an angle of step of 7,5° (± 0,5°),—a pull-out torque at 25 °C of 25 mNm or more,—a pull-out pulse rate of 1 500 pps or more,—a two-phase winding, and—a rated voltage of 10,5 V or more, but not more than 16,0 V
—
an angle of step of 7,5° (± 0,5°),
—
a pull-out torque at 25 °C of 25 mNm or more,
—
a pull-out pulse rate of 1 500 pps or more,
—
a two-phase winding, and
—
a rated voltage of 10,5 V or more, but not more than 16,0 V
0 %
31.12.2018

—
an angle of step of 7,5° (± 0,5°),

—
a pull-out torque at 25 °C of 25 mNm or more,

—
a pull-out pulse rate of 1 500 pps or more,

—
a two-phase winding, and

—
a rated voltage of 10,5 V or more, but not more than 16,0 V

ex 8503 00 99
50
Stator for brushless motor, with:—an internal diameter of 206,6 mm (± 0,5)—an external diameter of 265,0 mm (± 0,2) and—a width of 41,00 mm (± 0,3)of a kind used in the manufacture of washing machine, washer-dryer or dryer equipped with direct drive drums
—
an internal diameter of 206,6 mm (± 0,5)
—
an external diameter of 265,0 mm (± 0,2) and
—
a width of 41,00 mm (± 0,3)
0 %
31.12.2018

—
an internal diameter of 206,6 mm (± 0,5)

—
an external diameter of 265,0 mm (± 0,2) and

—
a width of 41,00 mm (± 0,3)

ex 8504 40 90
70
Module for converting alternating current into direct current and direct current into direct current with—a rated power of not more than 100 W—an input voltage of 80 V or more, but not more than 305 V—an certified input frequency of 47 Hz or more, but not more than 440 Hz—one or more constant voltage output(s)—an operating temperature range of – 40 °C or more, but not more than + 85 °C,—pins for mounting to a printed circuit
—
a rated power of not more than 100 W
—
an input voltage of 80 V or more, but not more than 305 V
—
an certified input frequency of 47 Hz or more, but not more than 440 Hz
—
one or more constant voltage output(s)
—
an operating temperature range of – 40 °C or more, but not more than + 85 °C,
—
pins for mounting to a printed circuit
0 %
31.12.2018

—
a rated power of not more than 100 W

—
an input voltage of 80 V or more, but not more than 305 V

—
an certified input frequency of 47 Hz or more, but not more than 440 Hz

—
one or more constant voltage output(s)

—
an operating temperature range of – 40 °C or more, but not more than + 85 °C,

—
pins for mounting to a printed circuit

*ex 8505 11 00
70
Disc consisting of an alloy of neodymium, iron and boron, covered with nickel, that after magnetisation is intended to become permanent magnet—whether or not containing a hole in the centre,—with a diameter of not more than 90 mm,of a kind used in car loudspeakers
—
whether or not containing a hole in the centre,
—
with a diameter of not more than 90 mm,
0 %
31.12.2018

—
whether or not containing a hole in the centre,

—
with a diameter of not more than 90 mm,

ex 8507 10 20
85
Lead-acid accumulators or -modules, of a kind used for starting piston engines with—a nominal capacity of 32 Ah,—a length of not more than 205 mm,—a width of not more than 130 mm and—a height of not more than 190 mmfor use in the manufacture of articles of CN-code 8711(1)
—
a nominal capacity of 32 Ah,
—
a length of not more than 205 mm,
—
a width of not more than 130 mm and
—
a height of not more than 190 mm
0 %
31.12.2018

—
a nominal capacity of 32 Ah,

—
a length of not more than 205 mm,

—
a width of not more than 130 mm and

—
a height of not more than 190 mm

*ex 8507 30 20
30
Cylindrical nickel-cadmium accumulator or module, with a length of 65,3 mm (± 1,5 mm) and a diameter of 14,5 mm (± 1mm), having a nominal capacity of 1 000 mAh or more, for use in the manufacture of rechargeable batteries(1)
0 %
31.12.2018

*ex 8507 50 00*ex 8507 60 00
2020
Rectangular accumulator or module, with a length of not more than 69 mm, a width of not more than 36 mm and a thickness of not more than 12 mm, for use in the manufacture of rechargeable batteries(1)
0 %
31.12.2018

*ex 8507 50 00
30
Cylindrical nickel-hydride accumulator or module, of a diameter of not more than 14,5 mm, for the manufacture of rechargeable batteries(1)
0 %
31.12.2018

*ex 8507 60 00
30
Cylindrical lithium-ion accumulator or module, with a length of 63 mm or more and a diameter of 17,2 mm or more, having a nominal capacity of 1 200 mAh or more, for use in the manufacture of rechargeable batteries(1)
0 %
31.12.2014

*ex 8507 60 00
40
Batteries of ion-lithium electric accumulators or module rechargeable with:—a length of 1 203 mm or more, but not more than 1 297 mm,—a width of 282 mm or more, but not more than 772 mm,—a height of 792 mm or more, but not more than 839 mm,—a weight of 260 kg or more, but not more than 293 kg,—power of 22 kWh or 26 kWh, and—constituted of 24 or 48 modules
—
a length of 1 203 mm or more, but not more than 1 297 mm,
—
a width of 282 mm or more, but not more than 772 mm,
—
a height of 792 mm or more, but not more than 839 mm,
—
a weight of 260 kg or more, but not more than 293 kg,
—
power of 22 kWh or 26 kWh, and
—
constituted of 24 or 48 modules
0 %
31.12.2017

—
a length of 1 203 mm or more, but not more than 1 297 mm,

—
a width of 282 mm or more, but not more than 772 mm,

—
a height of 792 mm or more, but not more than 839 mm,

—
a weight of 260 kg or more, but not more than 293 kg,

—
power of 22 kWh or 26 kWh, and

—
constituted of 24 or 48 modules

*ex 8507 60 00
50
Modules for the assembly of batteries of ion lithium electric accumulators with:—a length of 298 mm or more, but not more than 408 mm,—a width of 33,5 mm or more, but not more than 209 mm,—a height of 138 mm or more, but not more than 228 mm,—a weight of 3,6 kg or more, but not more than 17 kg, and—a power of 458 Wh or more, but not more than 2 158 Wh
—
a length of 298 mm or more, but not more than 408 mm,
—
a width of 33,5 mm or more, but not more than 209 mm,
—
a height of 138 mm or more, but not more than 228 mm,
—
a weight of 3,6 kg or more, but not more than 17 kg, and
—
a power of 458 Wh or more, but not more than 2 158 Wh
0 %
31.12.2018

—
a length of 298 mm or more, but not more than 408 mm,

—
a width of 33,5 mm or more, but not more than 209 mm,

—
a height of 138 mm or more, but not more than 228 mm,

—
a weight of 3,6 kg or more, but not more than 17 kg, and

—
a power of 458 Wh or more, but not more than 2 158 Wh

*ex 8507 60 00
55
Lithium-ion accumulator or module in cylindrical form, with:—a base similar to an ellipse squeezed in the middle,—a length of 49 mm or more (not including terminals),—a width of 33,5 mm or more,—a thickness of 9,9 mm or more,—a rated capacity of 1,75 Ah or more, and—a rated voltage of 3,7 V,for the manufacture of rechargeable batteries(1)
—
a base similar to an ellipse squeezed in the middle,
—
a length of 49 mm or more (not including terminals),
—
a width of 33,5 mm or more,
—
a thickness of 9,9 mm or more,
—
a rated capacity of 1,75 Ah or more, and
—
a rated voltage of 3,7 V,
0 %
31.12.2017

—
a base similar to an ellipse squeezed in the middle,

—
a length of 49 mm or more (not including terminals),

—
a width of 33,5 mm or more,

—
a thickness of 9,9 mm or more,

—
a rated capacity of 1,75 Ah or more, and

—
a rated voltage of 3,7 V,

*ex 8507 60 00
57
Lithium-ion accumulator or module, cuboid in shape, with:—some of the corners rounded off,—a length of 76 mm or more (not including terminals),—a width of 54,5 mm or more,—a thickness of 5,2 mm or more,—a rated capacity of 3 100 mAh or more, and—a rated voltage of 3,7 V,for the manufacture of rechargeable batteries(1)
—
some of the corners rounded off,
—
a length of 76 mm or more (not including terminals),
—
a width of 54,5 mm or more,
—
a thickness of 5,2 mm or more,
—
a rated capacity of 3 100 mAh or more, and
—
a rated voltage of 3,7 V,
0 %
31.12.2017

—
some of the corners rounded off,

—
a length of 76 mm or more (not including terminals),

—
a width of 54,5 mm or more,

—
a thickness of 5,2 mm or more,

—
a rated capacity of 3 100 mAh or more, and

—
a rated voltage of 3,7 V,

*ex 8507 60 00
80
Rectangular lithium-ion-accumulator or module, with—a metal casing,—a length of 171 mm (± 3 mm),—a width of 45,5 mm (± 1 mm),—a height of 115 mm (± 1 mm),—a nominal voltage of 3,75 V and—a nominal capacity of 50 Ahfor use in the manufacture of rechargeable batteries for motor vehicles(1)
—
a metal casing,
—
a length of 171 mm (± 3 mm),
—
a width of 45,5 mm (± 1 mm),
—
a height of 115 mm (± 1 mm),
—
a nominal voltage of 3,75 V and
—
a nominal capacity of 50 Ah
0 %
31.12.2015

—
a metal casing,

—
a length of 171 mm (± 3 mm),

—
a width of 45,5 mm (± 1 mm),

—
a height of 115 mm (± 1 mm),

—
a nominal voltage of 3,75 V and

—
a nominal capacity of 50 Ah

*ex 8518 29 95
30
Loudspeakers of:—an impedance of 3 Ohm or more, but not more than 16 Ohm,—a nominal power of 2 W or more, but not more than 20 W,—with or without plastic bracket, and—with or without electric cable fitted with connectors,of a kind used for TV sets and video monitors manufacture as well as home entertainment systems
—
an impedance of 3 Ohm or more, but not more than 16 Ohm,
—
a nominal power of 2 W or more, but not more than 20 W,
—
with or without plastic bracket, and
—
with or without electric cable fitted with connectors,
0 %
31.12.2017

—
an impedance of 3 Ohm or more, but not more than 16 Ohm,

—
a nominal power of 2 W or more, but not more than 20 W,

—
with or without plastic bracket, and

—
with or without electric cable fitted with connectors,

*ex 8522 90 80
97
Tuner transforming high-frequency signals into mid-frequency signals, for use in the manufacture of products falling under heading 8521(1)
0 %
31.12.2016

*ex 8525 80 19*ex 8525 80 91
3110
Closed circuit television (CCTV) camera:—of a weight of not more than 5,9 kg,—without a housing,—of dimensions of not more than 405 mm × 315 mm,—with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,—with effective pixels of not more than 5 megapixels,for use in CCTV surveillance systems(1)
—
of a weight of not more than 5,9 kg,
—
without a housing,
—
of dimensions of not more than 405 mm × 315 mm,
—
with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,
—
with effective pixels of not more than 5 megapixels,
0 %
31.12.2018

—
of a weight of not more than 5,9 kg,

—
without a housing,

—
of dimensions of not more than 405 mm × 315 mm,

—
with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,

—
with effective pixels of not more than 5 megapixels,

ex 8525 80 19
50
Remote camera head, whether or not contained in a housing—with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength),—with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors,—with a C-Mount lens mount,—with a weight of not more than 70 g,—with an LVDS digital video output,—with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensationof a kind used in the manufacture of miniaturised industrial camera systems
—
with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength),
—
with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors,
—
with a C-Mount lens mount,
—
with a weight of not more than 70 g,
—
with an LVDS digital video output,
—
with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensation
0 %
31.12.2018

—
with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength),

—
with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors,

—
with a C-Mount lens mount,

—
with a weight of not more than 70 g,

—
with an LVDS digital video output,

—
with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensation

ex 8525 80 19
55
Camera module with a resolution of 1 920 × 1 080 P HD with two microphones for use in the manufacture of products falling within heading 8528(1)
0 %
31.12.2018

*ex 8528 59 70
10
Liquid crystal display colour video monitors, excluding those combined with other apparatus, having a DC input voltage of 7 V or more but not more than 30 V, with a diagonal measurement of the screen of 33,2 cm or less,—without a housing, with back cover and mounting frame,—or with a housing,used for permanent incorporation or permanent mounting, during industrial assembly, into goods of Chapters 84 to 90 and 94(1)
—
without a housing, with back cover and mounting frame,
—
or with a housing,
0 %
31.12.2018

—
without a housing, with back cover and mounting frame,

—
or with a housing,

*ex 8529 90 65
50
Tuner transforming high-frequency signals into mid-frequency signals, for use in the manufacture of products falling under heading 8528(1)
0 %
31.12.2016

*ex 8529 90 92
42
Aluminium heat sinks and cooling fins, for maintaining the operating temperature of transistors and integrated circuits, for use in the manufacture of products falling within heading 8527 or 8528(1)
0 %
31.12.2018

*ex 8529 90 92*ex 8548 90 90
4455
LCD modules, solely consisting of one or more TFT glass or plastic cells, not combined with touch screen facilities, with or without backlight unit, with or without inverters and one or more printed circuit boards with control electronics for pixel addressing only
0 %
31.12.2018

ex 8536 41 90
30
A cubic-shape power relay with:—an electromechanical switching function,—an electrification current of 3 amperes or more but not more than 16 amperes,—a driver voltage 5 volts or more but not more than 24 volts,—a distance between switching pins not more than 12,5 mm
—
an electromechanical switching function,
—
an electrification current of 3 amperes or more but not more than 16 amperes,
—
a driver voltage 5 volts or more but not more than 24 volts,
—
a distance between switching pins not more than 12,5 mm
0 %
31.12.2018

—
an electromechanical switching function,

—
an electrification current of 3 amperes or more but not more than 16 amperes,

—
a driver voltage 5 volts or more but not more than 24 volts,

—
a distance between switching pins not more than 12,5 mm

*ex 8536 70 00
10
Optical socket, plug or connector, for use in the manufacture of goods falling within headings 8521 or 8528(1)
0 %
31.12.2016

ex 8537 10 91
40
Electronic control units, manufactured according to class 2 of IPC-A-610E standard, with a main power input of 400 V AC, a logic power input of 24 V DC, equipped at least with:—a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors,—contactors,—an automatic circuit breaker,—a fuse,—internal connecting cables,—a main power switch,—electrical connectors or cables for connecting external devices,—a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm,used for controlling and powering machines of a kind used for recycling or sorting of plastic, metal or glass packaging
—
a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors,
—
contactors,
—
an automatic circuit breaker,
—
a fuse,
—
internal connecting cables,
—
a main power switch,
—
electrical connectors or cables for connecting external devices,
—
a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm,
0 %
31.12.2018

—
a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors,

—
contactors,

—
an automatic circuit breaker,

—
a fuse,

—
internal connecting cables,

—
a main power switch,

—
electrical connectors or cables for connecting external devices,

—
a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm,

ex 8537 10 99
30
Motor bridge ICs without programmable memory consisting of:—one or more integrated circuits, not interconnected, on separate lead frames,—also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars—mounted in a plastic housing
—
one or more integrated circuits, not interconnected, on separate lead frames,
—
also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars
—
mounted in a plastic housing
0 %
31.12.2018

—
one or more integrated circuits, not interconnected, on separate lead frames,

—
also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars

—
mounted in a plastic housing

*ex 8538 90 99
95
Copper base plate, of a kind used as a heatsink [in the manufacture] of IGBT modules containing more components than IGBT chips and diodes with a voltage of 650 V or more but not more than 1 200 V(1)
0 %
31.12.2018

ex 8544 30 00
30
Multi-measurement wire harness of a voltage of 5 V or more but not more than 90 V capable of measuring some or all of the following;—a travel speed of not more than 24 km/h—a motor speed of not more than 4 500 rpm—hydraulic pressure of not more than 25 Mpa—mass of not more than 50 metric tonnesfor use in the manufacture of vehicles of heading 8427(1)
—
a travel speed of not more than 24 km/h
—
a motor speed of not more than 4 500 rpm
—
hydraulic pressure of not more than 25 Mpa
—
mass of not more than 50 metric tonnes
0 %
31.12.2018

—
a travel speed of not more than 24 km/h

—
a motor speed of not more than 4 500 rpm

—
hydraulic pressure of not more than 25 Mpa

—
mass of not more than 50 metric tonnes

ex 8714 91 10ex 8714 91 10ex 8714 91 10
233370
Frame, constructed from aluminium or aluminium and carbon, for the use in the manufacture of bicycles(1)
0 %
31.12.2018

ex 8714 91 30ex 8714 91 30ex 8714 91 30
233370
Front forks, suspended, constructed from aluminium, for use in the manufacture of bicycles(1)
0 %
31.12.2018

*ex 9002 11 00
50
Lens unit:—having a focal length of 25 mm or more but not more than 150 mm,—consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm
—
having a focal length of 25 mm or more but not more than 150 mm,
—
consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm
0 %
31.12.2018

—
having a focal length of 25 mm or more but not more than 150 mm,

—
consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm

ex 9014 10 00
30
Electronic compass, as a geomagnetic sensor, in a housing (e.g. CSWLP, LGA, SOIC) suitable for fully automated printed circuit board (PCB) assembly, with the following main components:—a combination of one or more application-specific integrated circuits (ASIC) and—one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material,of a kind used in the manufacture of products falling in chapters 84-90 and 94(1)
—
a combination of one or more application-specific integrated circuits (ASIC) and
—
one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material,
0 %
31.12.2018

—
a combination of one or more application-specific integrated circuits (ASIC) and

—
one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material,

*ex 9022 90 00
10
Panels for x-ray apparatus (x-ray flat panel sensors/x-ray sensors) consisting of a glass plate with a matrix of thin-film transistors, covered with a film of amorphous silicon, coated with a scintillator layer of caesium iodide and a metallised protective layer, or coated with a layer of amorphous selenium
0 %
31.12.2018

*ex 9405 40 39*ex 9405 40 99
8007
Ambient light LED board to be incorporated in goods of heading 8528(1)
0 %
31.12.2015



—
industrial monocarboxylic fatty acids of subheading 3823 19 10 ,



—
methyl esters of fatty acids of heading 2915 or 2916 ,



—
fatty alcohols of subheadings 2905 17 , 2905 19 and 3823 70 used for the manufacture of cosmetics, washing products or pharmaceutical products,



—
fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,



—
stearic acid of subheading 3823 11 00



—
goods of heading 3401



—
fatty acids with high purity of heading 2915 for the manufacture of chemical products other than products of heading 3826 or



—
goods of heading 1516(1)



—
15 % or more but not more than 35 % of wheat derived Maltodextrin,



—
15 % or more but not more than 35 % of whey (milk serum),



—
10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil,



—
10 % or more but not more than 30 % of blended, aged spray dried cheese,



—
5 % or more but not more than 15 % of buttermilk and



—
0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid



—
88 % or more but not more than 92 % of Ethanol,



—
2,2 % or more but not more than 2,7 % of Monoethylene glycol,



—
1,0 % but not more than 1,3 % of Methylethylketone,



—
0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active),



—
0,0293 % or more but not more than 0,0396 % of methyl isopropylketone,



—
0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone,



—
10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex),



—
Not more than 0,01 of Perfumes,



—
6,5 % or more but not more than 8,0 % of water



—
90 % or more by weight of saturates, and



—
not more than 0,03 % by weight of sulphur,



—
of a purity by weight of 99,9 % or more,



—
with an average grain-size of 0,7 μm or more but not more than 2,1 μm



—
0,25 % of Sec-butyl bromide



—
0,06 % of n-butyl bromide



—
0,06 % of n-propyl bromide



—
57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1)



—
37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and



—
1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75)



—
not more than 10 % by weight of naphthoquinonediazide esters,



—
2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene



—
not more than 7 % by weight of epoxy-containing derivatives



—
Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior,



—
Bacillus thuringiensissubsp.kurstakior,



—
Bacillus thuringiensissubsp.israelensisor,



—
Bacillus thuringiensissubsp.aizawaior,



—
Bacillus thuringiensissubsp.tenebrionis



—
borated magnesium (C16-C24) alkylbenzene sulphonates and



—
mineral oils,



—
zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7),



—
triphenyl thiophosphate (CAS RN 597-82-0),



—
triphenyl phosphite (CAS RN 101-02-0), and



—
mineral oils,



—
mainly sulphurized diisobutylene,



—
calcium sulphonate,



—
dialkylaminoalkyl polyisobutylene succinate, and



—
mineral oils,



—
a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and



—
more than 15 %, but not more than 30 % by weight of mineral oils,



—
20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and



—
mineral oils,



—
calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and



—
mineral oils,



—
o-amino polyisobutylenephenol (CAS RN 78330-13-9),



—
polyisobutylene succinimide (CAS RN 84605-20-9),



—
alkenylimidazoline (CAS RN 68784-17-8),



—
nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and



—
more than 30 %, but not more than 45 % by weight of mineral oils,



—
a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and



—
more than 50 % but not more than 75 % by weight of mineral oils,



—
borated succinimide compounds (CAS RN 134758-95-5), and



—
mineral oils,



—
an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer,



—
an ethylene-propylene copolymer,



—
an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and



—
more than 15 % but not more than 30 % by weight of mineral oils,



—
mainly sulphurized diisobutylene,



—
calcium sulphonate, and



—
dialkylaminoalkyl polyisobutylene succinate



—
more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and



—
more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3),



—
industrial monocarboxylic fatty acids of heading 3823 ,



—
stearic acid of heading 3823 ,



—
stearic acid of heading 2915 ,



—
palmitic acid of heading 2915 , or



—
animal feed preparations of heading 2309(1)



—
industrial monocarboxylic fatty acids of heading 3823 ,



—
stearic acid of heading 3823 ,



—
stearic acid of heading 2915 ,



—
palmitic acid of heading 2915 , or



—
animal feed preparations of heading 2309(1)



—
trioctylphosphine oxide (CAS RN 78-50-2),



—
dioctylhexylphosphine oxide (CAS RN 31160-66-4),



—
octyldihexylphosphine oxide (CAS RN 31160-64-2) and



—
trihexylphosphine oxide (CAS RN 3084-48-8)



—
a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and



—
30 % or more but not more than 35 % by weight of isobutyl alcohol



—
Ferrite (Iron oxide) (CAS RN 1309-37-1)



—
Manganese oxide (CAS RN 1344-43-0)



—
Magnesium oxide (CAS RN 1309-48-4)



—
Styrene acrylate copolymer



—
52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1),



—
38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and



—
10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8)



—
80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and



—
10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3)



—
0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and



—
0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid)



—
5 % or less by weight of comonomer,



—
a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and



—
a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3



—
more than 5 %, but not more than 8 % by weight of comonomer,



—
a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and



—
a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3



—
containing more than 5 % but not more than 20 % by weight of 1-hexene,



—
of a specific gravity of not more than 0,93,



—
manufactured using a metallocene catalyst



—
77 % or more but not more than 90 % of polycarbonate,



—
8 % or more but not more than 20 % of phosphoric acid ester,



—
0,1 % or more but not more than 1 % of antioxidant, and



—
a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns



—
an adhesive layer with a thickness of more than 5 but not more than 15 microns



—
a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns



—
a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns



—
a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm,



—
a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm,



—
an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm,



—
and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm



—
with a weight of 85 g/m2,



—
with a constant thickness of 95 μm (± 5 μm),



—
neither coated nor covered,



—
in 1 m wide rolls of 2 000 m to 5 000 m length,



—
66 % or more of silicon carbide,



—
10 %ormore of aluminium oxide



—
10ppm per°C or more but not more than 12ppm per°C in the length and width, and



—
20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650)



—
an outer diameter of 60 mm or more but not more than 420 mm, and



—
a wall thickness of 10 mm or more but not more than 80 mm



—
with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm),



—
whether or not with a ‘ring-pull’ aperture



—
driven by ‘on-off' single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors



—
with a nominal power rating of not more than 1,5 kW



—
electrically heated,



—
with opening



—
with a multiplicity of tips (holes) of platinum/rhodium alloy



—
used to melt glass batches and condition molten glass



—
for drawing into continuous fibres



—
an angle of step of 7,5° (± 0,5°)



—
a two-phase winding,



—
a rated voltage of 9 V or more, but not more than 16,0 V



—
of a specified temperature range covering at least – 40 °C to + 105 °C



—
with or without connecting pinion



—
with or without motor drive connector



—
an angle of step of 7,5° (± 0,5°),



—
a pull-out torque at 25 °C of 25 mNm or more,



—
a pull-out pulse rate of 1 500 pps or more,



—
a two-phase winding, and



—
a rated voltage of 10,5 V or more, but not more than 16,0 V



—
an internal diameter of 206,6 mm (± 0,5)



—
an external diameter of 265,0 mm (± 0,2) and



—
a width of 41,00 mm (± 0,3)



—
a rated power of not more than 100 W



—
an input voltage of 80 V or more, but not more than 305 V



—
an certified input frequency of 47 Hz or more, but not more than 440 Hz



—
one or more constant voltage output(s)



—
an operating temperature range of – 40 °C or more, but not more than + 85 °C,



—
pins for mounting to a printed circuit



—
whether or not containing a hole in the centre,



—
with a diameter of not more than 90 mm,



—
a nominal capacity of 32 Ah,



—
a length of not more than 205 mm,



—
a width of not more than 130 mm and



—
a height of not more than 190 mm



—
a length of 1 203 mm or more, but not more than 1 297 mm,



—
a width of 282 mm or more, but not more than 772 mm,



—
a height of 792 mm or more, but not more than 839 mm,



—
a weight of 260 kg or more, but not more than 293 kg,



—
power of 22 kWh or 26 kWh, and



—
constituted of 24 or 48 modules



—
a length of 298 mm or more, but not more than 408 mm,



—
a width of 33,5 mm or more, but not more than 209 mm,



—
a height of 138 mm or more, but not more than 228 mm,



—
a weight of 3,6 kg or more, but not more than 17 kg, and



—
a power of 458 Wh or more, but not more than 2 158 Wh



—
a base similar to an ellipse squeezed in the middle,



—
a length of 49 mm or more (not including terminals),



—
a width of 33,5 mm or more,



—
a thickness of 9,9 mm or more,



—
a rated capacity of 1,75 Ah or more, and



—
a rated voltage of 3,7 V,



—
some of the corners rounded off,



—
a length of 76 mm or more (not including terminals),



—
a width of 54,5 mm or more,



—
a thickness of 5,2 mm or more,



—
a rated capacity of 3 100 mAh or more, and



—
a rated voltage of 3,7 V,



—
a metal casing,



—
a length of 171 mm (± 3 mm),



—
a width of 45,5 mm (± 1 mm),



—
a height of 115 mm (± 1 mm),



—
a nominal voltage of 3,75 V and



—
a nominal capacity of 50 Ah



—
an impedance of 3 Ohm or more, but not more than 16 Ohm,



—
a nominal power of 2 W or more, but not more than 20 W,



—
with or without plastic bracket, and



—
with or without electric cable fitted with connectors,



—
of a weight of not more than 5,9 kg,



—
without a housing,



—
of dimensions of not more than 405 mm × 315 mm,



—
with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,



—
with effective pixels of not more than 5 megapixels,



—
with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength),



—
with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors,



—
with a C-Mount lens mount,



—
with a weight of not more than 70 g,



—
with an LVDS digital video output,



—
with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensation



—
without a housing, with back cover and mounting frame,



—
or with a housing,



—
an electromechanical switching function,



—
an electrification current of 3 amperes or more but not more than 16 amperes,



—
a driver voltage 5 volts or more but not more than 24 volts,



—
a distance between switching pins not more than 12,5 mm



—
a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors,



—
contactors,



—
an automatic circuit breaker,



—
a fuse,



—
internal connecting cables,



—
a main power switch,



—
electrical connectors or cables for connecting external devices,



—
a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm,



—
one or more integrated circuits, not interconnected, on separate lead frames,



—
also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars



—
mounted in a plastic housing



—
a travel speed of not more than 24 km/h



—
a motor speed of not more than 4 500 rpm



—
hydraulic pressure of not more than 25 Mpa



—
mass of not more than 50 metric tonnes



—
having a focal length of 25 mm or more but not more than 150 mm,



—
consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm



—
a combination of one or more application-specific integrated circuits (ASIC) and



—
one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material,



CN code
TARIC

ex 1511 90 19
10

ex 1511 90 91
10

ex 1513 11 10
10

ex 1513 19 30
10

ex 1513 21 10
10

ex 1513 29 30
10

ex 2823 00 00
10

ex 2836 99 17
20

ex 2903 39 90
70

ex 2905 19 00
11

ex 2907 23 00
10

ex 2908 19 00
10

ex 2915 39 00
20

ex 2921 42 00
86

ex 2921 49 00
70

ex 2925 29 00
20

ex 2932 99 00
80

ex 2933 21 00
50

ex 2933 59 95
15

ex 2934 99 90
55

ex 2935 00 90
17

ex 2935 00 90
88

ex 3204 11 00
20

ex 3204 11 00
40

ex 3204 11 00
50

ex 3204 11 00
60

ex 3204 11 00
70

ex 3204 12 00
10

ex 3204 13 00
10

ex 3204 13 00
30

ex 3204 13 00
40

ex 3204 15 00
10

ex 3204 15 00
60

ex 3204 17 00
10

ex 3204 17 00
15

ex 3204 17 00
20

ex 3204 17 00
25

ex 3204 17 00
30

ex 3204 17 00
35

ex 3204 17 00
40

ex 3204 17 00
50

ex 3204 17 00
60

ex 3204 17 00
65

ex 3204 17 00
70

ex 3204 17 00
75

ex 3204 17 00
80

ex 3204 17 00
85

ex 3204 17 00
88

ex 3204 19 00
70

ex 3204 19 00
71

ex 3204 19 00
73

ex 3204 19 00
77

ex 3204 19 00
84

ex 3204 19 00
85

ex 3204 20 00
20

ex 3204 20 00
30

ex 3208 90 19
15

ex 3701 99 00
10

ex 3707 10 00
40

ex 3808 91 90
30

ex 3811 29 00
20

ex 3811 29 00
40

ex 3812 30 80
75

ex 3823 19 30
20

ex 3823 19 90
20

ex 3824 90 97
18

ex 3824 90 97
33

ex 3902 90 90
94

ex 3907 30 00
60

ex 3907 40 00
30

ex 3910 00 00
40

ex 3913 90 00
85

ex 3921 90 55
25

ex 5603 12 90
60

ex 5603 13 90
60

ex 6909 19 00
80

ex 7019 40 00
10

ex 7019 40 00
20

ex 7020 00 10
10

ex 7616 99 90
77

ex 8108 90 50
85

ex 8309 90 90
10

ex 8501 10 99
80

ex 8505 11 00
70

ex 8507 30 20
30

ex 8507 50 00
20

ex 8507 50 00
30

ex 8507 60 00
20

ex 8507 60 00
30

ex 8507 60 00
40

ex 8507 60 00
50

ex 8507 60 00
55

ex 8507 60 00
57

ex 8507 60 00
80

ex 8518 29 95
30

ex 8522 90 80
97

ex 8525 80 19
31

ex 8525 80 91
10

ex 8528 59 70
10

ex 8529 90 65
50

ex 8529 90 65
55

ex 8529 90 65
60

ex 8529 90 92
42

ex 8529 90 92
44

ex 8529 90 92
48

ex 8536 70 00
10

ex 8536 70 00
20

ex 8538 90 99
95

ex 9002 11 00
50

ex 9022 90 00
10



CN code
TARIC
Supplementary units

ex 3901 10 10
10
m3

ex 3901 90 90
30
m3

ex 3919 90 00
67
m2

ex 3921 90 10
30
m2

ex 3923 30 90
10
p/st

ex 3926 90 97
50
p/st

ex 3926 90 97
55
m2

ex 3926 90 97
65
p/st

ex 5603 14 90
40
m2

ex 5603 93 90
60
m2

ex 8411 99 00
40
p/st

ex 8411 99 00
50
p/st

ex 8424 90 00
30
p/st

ex 8431 20 00
40
p/st

ex 8475 29 00
10
p/st

ex 8483 40 29
60
p/st

ex 8503 00 99
50
p/st

ex 8504 40 90
50
p/st

ex 8504 40 90
60
p/st

ex 8508 70 00
20
p/st

ex 8536 41 90
30
p/st

ex 8537 10 91
40
p/st

ex 8537 10 99
30
p/st

ex 8537 10 99
98
p/st

ex 8538 90 99
95
p/st

ex 8543 70 90
23
p/st

ex 8544 30 00
30
p/st

ex 9001 90 00
35
p/st

ex 9001 90 00
45
p/st

ex 9014 10 00
30
p/st

ex 9025 80 40
30
p/st

ex 9029 10 00
20
p/st

ex 9031 80 38
20
p/st

ex 9401 90 80
20
p/st

ex 9401 90 80
30
p/st

ex 9401 90 80
40
p/st

ex 9405 40 39
50
p/st

ex 9405 40 99
3
p/st

ex 9405 40 99
6
p/st



CN code
TARIC
Supplementary units

ex 8529 90 92
48
p/st

ex 8536 70 00
20
p/st

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

(1) It is in the interest of the Union to suspend totally the autonomous Common Customs Tariff duties on 100 products which are currently not listed in Annex I to Council Regulation (EU) No 1387/2013(1). Those products should, therefore, be inserted into that Annex.

(2) It is no longer in the interest of the Union to maintain the suspension of autonomous Common Customs Tariff duties on seven of the products that are currently listed in Annex I to Regulation (EU) No 1387/2013. Those products should, therefore, be deleted from that Annex.

(3) It is necessary to modify the product descriptions of 76 suspensions included in Annex I to Regulation (EU) No 1387/2013 in order to take account of technical product developments, economic trends on the market or to carry out linguistic adaptations. Moreover, TARIC codes for four additional products should be amended. In addition, for three additional products, multiple classification is necessary. The suspensions in respect of which modifications are necessary should be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013, and the modified suspensions should be reinserted into that list.

(4) For four products it is necessary, in the interest of the Union, to amend the date for their mandatory review in order to allow duty free imports beyond that date. Those products have been reviewed and have been given revised dates for their next mandatory review. Therefore, they should be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013 and, after the necessary modifications, be reintroduced into that list.

(5) It is necessary to re-group four products falling under four different product descriptions. Those four products should now fall under two product descriptions. Furthermore, the current double classification of the four suspensions relating to those four products has become superfluous and should therefore be amended. Those suspensions should therefore be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013, and the modified suspensions should be reinserted into that list.

(6) With a view to adequately ensuring the benefit of the suspension with regard to the competitive capacity of the enterprises concerned by products with TARIC code 4408 39 30 10, the suspension relating to those products should apply from 1 January 2014.

(7) In the interest of clarity, the modified entries should be marked with an asterisk.

(8) Annex II to Regulation (EU) No 1387/2013 should be completed with supplementary units for some of the new products for which suspensions are granted, in order to allow an appropriate statistical monitoring. For reasons of consistency, the supplementary units assigned to the products deleted from Annex I to Regulation (EU) No 1387/2013 should also be deleted from Annex II to that Regulation.

(9) Regulation (EU) No 1387/2013 should therefore be amended accordingly.

(10) Since the amendments pursuant to this Regulation must take effect from 1 July 2014, this Regulation should apply from that date and enter into force on the day of its publication in theOfficial Journal of the European Union,

HAS ADOPTED THIS REGULATION:
Article 1

The table in Annex I to Regulation (EU) No 1387/2013 is amended as follows:

(1)

between the title and the table, the following note is inserted:

‘(*)

(2)

the rows for the products listed in Annex I to this Regulation are inserted following the order of the CN codes indicated in the first column of the table in Annex I to Regulation (EU) No 1387/2013;

(3)

the rows for the products for which the CN and TARIC codes are set out in Annex II to this Regulation are deleted.
Article 2

Annex II to Regulation (EU) No 1387/2013 is amended as follows:

(1)

the rows for the supplementary units for which the CN and TARIC codes are set out in Annex III to this Regulation are added;

(2)

the rows for the supplementary units for which the CN and TARIC codes are set out in Annex IV to this Regulation are deleted.
Article 3

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

It shall apply from 1 July 2014.

However, for products with TARIC code 4408 39 30 10, it shall apply from 1 January 2014.
THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

(1) It is in the interest of the Union to suspend totally the autonomous Common Customs Tariff duties on 100 products which are currently not listed in Annex I to Council Regulation (EU) No 1387/2013(1). Those products should, therefore, be inserted into that Annex.

(2) It is no longer in the interest of the Union to maintain the suspension of autonomous Common Customs Tariff duties on seven of the products that are currently listed in Annex I to Regulation (EU) No 1387/2013. Those products should, therefore, be deleted from that Annex.

(3) It is necessary to modify the product descriptions of 76 suspensions included in Annex I to Regulation (EU) No 1387/2013 in order to take account of technical product developments, economic trends on the market or to carry out linguistic adaptations. Moreover, TARIC codes for four additional products should be amended. In addition, for three additional products, multiple classification is necessary. The suspensions in respect of which modifications are necessary should be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013, and the modified suspensions should be reinserted into that list.

(4) For four products it is necessary, in the interest of the Union, to amend the date for their mandatory review in order to allow duty free imports beyond that date. Those products have been reviewed and have been given revised dates for their next mandatory review. Therefore, they should be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013 and, after the necessary modifications, be reintroduced into that list.

(5) It is necessary to re-group four products falling under four different product descriptions. Those four products should now fall under two product descriptions. Furthermore, the current double classification of the four suspensions relating to those four products has become superfluous and should therefore be amended. Those suspensions should therefore be deleted from the list of suspensions in Annex I to Regulation (EU) No 1387/2013, and the modified suspensions should be reinserted into that list.

(6) With a view to adequately ensuring the benefit of the suspension with regard to the competitive capacity of the enterprises concerned by products with TARIC code 4408 39 30 10, the suspension relating to those products should apply from 1 January 2014.

(7) In the interest of clarity, the modified entries should be marked with an asterisk.

(8) Annex II to Regulation (EU) No 1387/2013 should be completed with supplementary units for some of the new products for which suspensions are granted, in order to allow an appropriate statistical monitoring. For reasons of consistency, the supplementary units assigned to the products deleted from Annex I to Regulation (EU) No 1387/2013 should also be deleted from Annex II to that Regulation.

(9) Regulation (EU) No 1387/2013 should therefore be amended accordingly.

(10) Since the amendments pursuant to this Regulation must take effect from 1 July 2014, this Regulation should apply from that date and enter into force on the day of its publication in theOfficial Journal of the European Union,

HAS ADOPTED THIS REGULATION:
The table in Annex I to Regulation (EU) No 1387/2013 is amended as follows:

(1)

between the title and the table, the following note is inserted:

‘(*)

(2)

the rows for the products listed in Annex I to this Regulation are inserted following the order of the CN codes indicated in the first column of the table in Annex I to Regulation (EU) No 1387/2013;

(3)

the rows for the products for which the CN and TARIC codes are set out in Annex II to this Regulation are deleted.
Annex II to Regulation (EU) No 1387/2013 is amended as follows:

(1)

the rows for the supplementary units for which the CN and TARIC codes are set out in Annex III to this Regulation are added;

(2)

the rows for the supplementary units for which the CN and TARIC codes are set out in Annex IV to this Regulation are deleted.
This Regulation shall enter into force on the day of its publication in theOfficial Journal of the European Union.

It shall apply from 1 July 2014.

However, for products with TARIC code 4408 39 30 10, it shall apply from 1 January 2014.
ANNEX ITARIFF SUSPENSIONS REFERRED TO IN POINT (2) OF ARTICLE 1

CN code | TARIC | Description | Rate of autonomous duty | Date foreseen for mandatory review

*ex 1511 90 19*ex 1511 90 91*ex 1513 11 10*ex 1513 19 30*ex 1513 21 10*ex 1513 29 30 | 101010101010 | Palm oil, coconut (copra) oil, palm kernel oil, for the manufacture of:—industrial monocarboxylic fatty acids of subheading 3823 19 10 ,—methyl esters of fatty acids of heading 2915  or 2916 ,—fatty alcohols of subheadings 2905 17 , 2905 19  and 3823 70  used for the manufacture of cosmetics, washing products or pharmaceutical products,—fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,—stearic acid of subheading 3823 11 00—goods of heading 3401—fatty acids with high purity of heading 2915  for the manufacture of chemical products other than products of heading 3826  or—goods of heading 1516(1) | — | industrial monocarboxylic fatty acids of subheading 3823 19 10 , | — | methyl esters of fatty acids of heading 2915  or 2916 , | — | fatty alcohols of subheadings 2905 17 , 2905 19  and 3823 70  used for the manufacture of cosmetics, washing products or pharmaceutical products, | — | fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products, | — | stearic acid of subheading 3823 11 00 | — | goods of heading 3401 | — | fatty acids with high purity of heading 2915  for the manufacture of chemical products other than products of heading 3826  or | — | goods of heading 1516(1) | 0 % | 31.12.2014

— | industrial monocarboxylic fatty acids of subheading 3823 19 10 ,

— | methyl esters of fatty acids of heading 2915  or 2916 ,

— | fatty alcohols of subheadings 2905 17 , 2905 19  and 3823 70  used for the manufacture of cosmetics, washing products or pharmaceutical products,

— | fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,

— | stearic acid of subheading 3823 11 00

— | goods of heading 3401

— | fatty acids with high purity of heading 2915  for the manufacture of chemical products other than products of heading 3826  or

— | goods of heading 1516(1)

ex 1901 90 99ex 2106 90 98 | 3945 | Preparation in powder form containing by weight:—15 % or more but not more than 35 % of wheat derived Maltodextrin,—15 % or more but not more than 35 % of whey (milk serum),—10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil,—10 % or more but not more than 30 % of blended, aged spray dried cheese,—5 % or more but not more than 15 % of buttermilk and—0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid | — | 15 % or more but not more than 35 % of wheat derived Maltodextrin, | — | 15 % or more but not more than 35 % of whey (milk serum), | — | 10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil, | — | 10 % or more but not more than 30 % of blended, aged spray dried cheese, | — | 5 % or more but not more than 15 % of buttermilk and | — | 0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid | 0 % | 31.12.2018

— | 15 % or more but not more than 35 % of wheat derived Maltodextrin,

— | 15 % or more but not more than 35 % of whey (milk serum),

— | 10 % or more but not more than 30 % of refined, bleached, deodorised and non-hydrogenated sunflower oil,

— | 10 % or more but not more than 30 % of blended, aged spray dried cheese,

— | 5 % or more but not more than 15 % of buttermilk and

— | 0,1 % or more but not more than 10 % of sodium caseinate, disodium phosphate, lactic acid

ex 2106 10 20 | 20 | Soya protein concentrate having a protein content by weight, calculated on a dry weight basis, of 65 % or more but not more than 90 % in powder or textured form | 0 % | 31.12.2018

ex 2207 20 00ex 2207 20 00ex 3820 00 00 | 208020 | Feedstock consisting of by weight:—88 % or more but not more than 92 % of Ethanol,—2,2 % or more but not more than 2,7 % of Monoethylene glycol,—1,0 % but not more than 1,3 % of Methylethylketone,—0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active),—0,0293 % or more but not more than 0,0396 % of methyl isopropylketone,—0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone,—10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex),—Not more than 0,01 of Perfumes,—6,5 % or more but not more than 8,0 % of waterfor use in the manufacture of screenwash concentrate and other de-icing preparations(1) | — | 88 % or more but not more than 92 % of Ethanol, | — | 2,2 % or more but not more than 2,7 % of Monoethylene glycol, | — | 1,0 % but not more than 1,3 % of Methylethylketone, | — | 0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active), | — | 0,0293 % or more but not more than 0,0396 % of methyl isopropylketone, | — | 0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone, | — | 10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex), | — | Not more than 0,01 of Perfumes, | — | 6,5 % or more but not more than 8,0 % of water | 0 % | 31.12.2018

— | 88 % or more but not more than 92 % of Ethanol,

— | 2,2 % or more but not more than 2,7 % of Monoethylene glycol,

— | 1,0 % but not more than 1,3 % of Methylethylketone,

— | 0,36 % or more but not more than 0,40 % of anionic surfactant (ca.30 % active),

— | 0,0293 % or more but not more than 0,0396 % of methyl isopropylketone,

— | 0,0195 % or more but not more than 0,0264 % of 5 methyl-3-heptanone,

— | 10 ppm or more but not more than 12 ppm of Denatonium Benzoate (Bitrex),

— | Not more than 0,01 of Perfumes,

— | 6,5 % or more but not more than 8,0 % of water

ex 2707 99 99 | 10 | Heavy and medium oils, whose aromatic content exceeds their non-aromatic content, for use as refinery feedstock to undergo one of the specific processes described in Additional note 5 to Chapter 27(1) | 0 % | 31.12.2018

ex 2710 19 99 | 10 | Catalytically hydroisomerized and dewaxed base oil comprising hydrogenated, highly isoparaffinic hydrocarbons, containing:—90 % or more by weight of saturates, and—not more than 0,03 % by weight of sulphur,with a viscosity index of 120 or more. | — | 90 % or more by weight of saturates, and | — | not more than 0,03 % by weight of sulphur, | 0 % | 31.12.2018

— | 90 % or more by weight of saturates, and

— | not more than 0,03 % by weight of sulphur,

*ex 2823 00 00 | 10 | Titanium dioxide (CAS RN 13463-67-7):—of a purity by weight of 99,9 % or more,—with an average grain-size of 0,7 μm or more but not more than 2,1 μm | — | of a purity by weight of 99,9 % or more, | — | with an average grain-size of 0,7 μm or more but not more than 2,1 μm | 0 % | 31.12.2017

— | of a purity by weight of 99,9 % or more,

— | with an average grain-size of 0,7 μm or more but not more than 2,1 μm

ex 2827 39 85 | 40 | Barium chloride dihydrate (CAS RN 10326-27-9) | 0 % | 31.12.2018

ex 2835 10 00 | 20 | Sodium hypophosphite (CAS RN 7681-53-0) | 0 % | 31.12.2018

*ex 2836 99 17 | 20 | Zirconium (IV) basic carbonate (CAS RN 57219-64-4) | 0 % | 31.12.2018

ex 2841 70 00 | 10 | Diammonium tetraoxomolybdate(2-) (CAS RN 13106-76-8) | 0 % | 31.12.2018

ex 2903 39 19 | 10 | 1-Bromo-2-methylpropane (CAS RN 78-77-3) with a purity not less than 99,0 % and containing not more than:—0,25 % of Sec-butyl bromide—0,06 % of n-butyl bromide—0,06 % of n-propyl bromide | — | 0,25 % of Sec-butyl bromide | — | 0,06 % of n-butyl bromide | — | 0,06 % of n-propyl bromide | 0 % | 31.12.2018

— | 0,25 % of Sec-butyl bromide

— | 0,06 % of n-butyl bromide

— | 0,06 % of n-propyl bromide

ex 2903 39 90 | 85 | (Perfluorobutyl) ethylene (CAS RN 19430-93-4) | 0 % | 31.12.2018

ex 2903 39 90 | 87 | 1H-Perfluorohexane (CAS RN 355-37-3) | 0 % | 31.12.2018

ex 2905 11 00 | 10 | Methanol (CAS RN 67-56-1) with a purity of 99,85 % by weight or more | 0 % | 31.12.2018

*ex 2905 19 00 | 11 | Potassium tert-butanolate (CAS RN 865-47-4), whether or not in the form of a solution in tetrahydrofuran according to note 1e) to Chapter 29 of the CN | 0 % | 31.12.2018

ex 2905 19 00 | 20 | Butyltitanate monohydrate, homopolymer (CAS RN 162303-51-7) | 0 % | 31.12.2018

ex 2905 19 00 | 25 | Tetra-(2-ethylhexyl) titanate (CAS RN 1070-10-6) | 0 % | 31.12.2018

*ex 2908 19 00 | 10 | Pentafluorophenol (CAS RN 771-61-9) | 0 % | 31.12.2018

ex 2910 90 00 | 20 | 2-[(2-Methoxyphenoxy)methyl]oxirane (CAS RN 2210-74-4) | 0 % | 31.12.2018

ex 2912 29 00 | 70 | 4-tert-Butylbenzaldehyde (CAS RN 939-97-9) | 0 % | 31.12.2018

ex 2912 29 00 | 80 | 4-Isopropylbenzaldehyde (CAS RN 122-03-2) | 0 % | 31.12.2018

ex 2914 50 00 | 55 | 2,2′,4,4′-Tetrahydroxybenzophenone (CAS RN 131-55-5) | 0 % | 31.12.2018

ex 2914 70 00 | 80 | Tetrachloro-p-benzoquinone (CAS RN 118-75-2) | 0 % | 31.12.2018

ex 2915 39 00 | 25 | 2-Methylcyclohexyl acetate (CAS RN 5726-19-2) | 0 % | 31.12.2018

ex 2916 14 00 | 20 | Ethyl methacrylate (CAS RN 97-63-2) | 0 % | 31.12.2018

ex 2916 39 90 | 48 | 3-Fluorobenzoyl chloride (CAS RN 1711-07-5) | 0 % | 31.12.2018

ex 2917 19 90 | 15 | Dimethyl but-2-ynedioate (CAS RN 762-42-5) | 0 % | 31.12.2018

ex 2917 19 90 | 25 | n-Dodecenyl succinic anhydride (CAS RN 19780-11-1) | 0 % | 31.12.2018

ex 2917 39 95 | 40 | Dimethyl 2-nitroterephthalate (CAS RN 5292-45-5) | 0 % | 31.12.2018

ex 2918 99 90 | 25 | Methyl (E)-3-methoxy-2-(2-chloromethylphenyl)-2-propenoate (CAS RN 117428-51-0) | 0 % | 31.12.2018

ex 2919 90 00 | 60 | Bisphenol-A bis(diphenyl phosphate) (CAS RN 5945-33-5) | 0 % | 31.12.2018

ex 2921 42 00 | 30 | 4-Nitroaniline (CAS RN 100-01-6) | 0 % | 31.12.2018

*ex 2921 42 00 | 86 | 2,5-Dichloroaniline (CAS RN 95-82-9) | 0 % | 31.12.2017

ex 2921 49 00 | 50 | 3,4-Xylidine (CAS RN 95-64-7) | 0 % | 31.12.2018

ex 2922 49 85 | 80 | 12-Aminododecanoic acid (CAS RN 693-57-2) | 0 % | 31.12.2018

ex 2924 29 98 | 37 | Beflubutamid (ISO) (CAS RN 113614-08-7) | 0 % | 31.12.2018

ex 2924 29 98 | 43 | N,N’-(3,3′-Dimethylbiphenyl-4,4′-ylene)di(acetoacetamide) (CAS RN 91-96-3) | 0 % | 31.12.2018

*ex 2925 29 00 | 20 | N-[3-(Dimethylamino)propyl]-N’-ethylcarbodiimide hydrochloride (CAS RN 25952-53-8) | 0 % | 31.12.2018

ex 2926 90 95 | 23 | Acrinathrin (ISO) (CAS RN 101007-06-1) | 0 % | 31.12.2018

ex 2926 90 95 | 27 | Cyhalofop-butyl (ISO) (CAS RN 122008-85-9) | 0 % | 31.12.2018

ex 2927 00 00 | 60 | 4,4′-Dicyano-4,4′-azodivaleric acid (CAS RN 2638-94-0) | 0 % | 31.12.2018

ex 2930 90 99 | 37 | Ethanethioamide (CAS RN 62-55-5) | 0 % | 31.12.2018

ex 2930 90 99 | 43 | Trimethylsulfoxonium iodide (CAS RN 1774-47-6) | 0 % | 31.12.2018

ex 2931 90 90 | 33 | Di-tert-butylphosphane (CAS RN 819-19-2) | 0 % | 31.12.2018

ex 2932 20 90 | 45 | 2,2-Dimethyl-1,3-dioxane-4,6-dione (CAS RN 2033-24-1) | 0 % | 31.12.2018

ex 2932 99 00 | 53 | 1,3-Dihydro-1,3-dimethoxyisobenzofurane (CAS RN 24388-70-3) | 0 % | 31.12.2018

*ex 2932 99 00 | 80 | 1,3:2,4-bis-O-(4-Methylbenzylidene)-D-glucitol (CAS RN 81541-12-0) | 0 % | 31.12.2016

*ex 2933 21 00 | 50 | 1-Bromo-3-chloro-5,5-dimethylhydantoin (CAS RN 16079-88-2)/(CAS RN 32718-18-6) | 0 % | 31.12.2016

ex 2933 39 99 | 58 | 4-Chloro-1-methylpiperidine (CAS RN 5570-77-4) | 0 % | 31.12.2018

ex 2933 49 90 | 80 | Ethyl 6,7,8-trifluoro-1-[formyl(methyl)amino]-4-oxo-1,4-dihydroquinoline-3-carboxylate (CAS RN 100276-65-1) | 0 % | 31.12.2018

ex 2933 59 95 | 13 | 2-Diethylamino-6-hydroxy-4-methylpyrimidine (CAS RN 42487-72-9) | 0 % | 31.12.2018

*ex 2933 59 95 | 15 | Sitagliptin phosphate monohydrate (CAS RN 654671-77-9) | 0 % | 31.12.2018

ex 2933 69 80 | 65 | 1,3,5-Triazine-2,4,6(1H,3H,5H)-trithione, trisodium salt (CAS RN 17766-26-6) | 0 % | 31.12.2018

ex 2933 99 80 | 14 | 2-(2H-benzotriazol-2-yl)-4-methyl-6-(2-methylprop-2-en-1-yl)phenol(CAS RN 98809-58-6) | 0 % | 31.12.2018

*ex 2935 00 90 | 17 | 6-Methyl-4-oxo-5,6-dihydro-4H-thieno[2,3-b]thiopyran-2-sulfonamide (CAS RN 120279-88-1) | 0 % | 31.12.2018

*ex 2935 00 90 | 88 | N-(2-(4-Amino-N-ethyl-m-toluidino)ethyl)methanesulphonamide sesquisulphate monohydrate (CAS RN 25646-71-3) | 0 % | 31.12.2018

ex 3204 11 00 | 15 | Colourant C.I. Disperse Blue 360 (CAS RN 70693-64-0) and preparations based thereon with a colourant C.I. Disperse Blue 360 content of 99 % or more by weight | 0 % | 31.12.2018

*ex 3204 11 00 | 20 | Colourant C.I. Disperse Yellow 241 (CAS RN 83249-52-9) and preparations based thereon with a colourant C.I. Disperse Yellow 241 content of 97 % or more by weight | 0 % | 31.12.2015

*ex 3204 11 00 | 40 | Colourant C.I. Disperse Red 60 (CAS RN 17418-58-5) and preparations based thereon with a colourant C.I. Disperse Red 60 content of 50 % or more by weight | 0 % | 31.12.2016

*ex 3204 11 00 | 50 | Colourant C.I. Disperse Blue 72 (CAS RN 81-48-1) and preparations based thereon with a colourant C.I. Disperse Blue 72 content of 95 % or more by weight | 0 % | 31.12.2016

*ex 3204 11 00 | 60 | Colourant C.I. Disperse Blue 359 (CAS RN 62570-50-7) and preparations based thereon with a colourant C.I. Disperse Blue 359 content of 50 % or more by weight | 0 % | 31.12.2016

*ex 3204 11 00 | 70 | Colourant C.I. Disperse Red 343 (CAS RN 99035-78-6) and preparations based thereon with a colourant C.I. Disperse Red 343 content of 95 % or more by weight | 0 % | 31.12.2017

*ex 3204 12 00 | 10 | Colourant C.I. Acid Blue 9 (CAS RN 2650-18-2) and preparations based thereon with a colourant C.I. Acid Blue 9 content of 50 % or more by weight | 0 % | 31.12.2016

ex 3204 12 00 | 50 | Colourant C.I. Acid Blue 80 (CAS RN 4474-24-2) and preparations based thereon with a colourant C.I. Acid Blue 80 content of 99 % or more by weight | 0 % | 31.12.2018

*ex 3204 13 00 | 10 | Colourant C.I. Basic Red 1 (CAS RN 989-38-8) and preparations based thereon with a colourant C.I. Basic Red 1 content of 50 % or more by weight | 0 % | 31.12.2016

*ex 3204 13 00 | 30 | Colourant C.I. Basic Blue 7 (CAS RN 2390-60-5) and preparations based thereon with a colourant C.I. Basic Blue 7 content of 50 % or more by weight | 0 % | 31.12.2017

*ex 3204 13 00 | 40 | Colourant C.I. Basic Violet 1 (CAS RN 603-47-4 or CAS RN 8004-87-3) and preparations based thereon with a colourant C.I. Basic Violet 1 content of 90 % or more by weight | 0 % | 31.12.2017

*ex 3204 15 00 | 10 | Colourant C.I. Vat Orange 7 (C.I.Pigment Orange 43) (CAS RN 4424-06-0) and preparations based thereon with a colourant C.I. Vat Orange 7 (C.I.Pigment Orange 43) content of 20 % or more by weight | 0 % | 31.12.2017

*ex 3204 15 00 | 60 | Colourant C.I. Vat Blue 4 (CAS RN 81-77-6) and preparations based thereon with a colourant C.I. Vat Blue 4 content of 50 % or more by weight | 0 % | 31.12.2018

ex 3204 15 00 | 70 | Colourant C.I. Vat Red 1 (CAS RN 2379-74-0) | 0 % | 31.12.2018

*ex 3204 17 00 | 10 | Colourant C.I. Pigment Yellow 81 (CAS RN 22094-93-5) and preparations based thereon with a colourant C.I. Pigment Yellow 81 content of 50 % or more by weight | 0 % | 31.12.2018

ex 3204 17 00 | 13 | Colourant C.I. Pigment Red 48:2 (CAS RN 7023-61-2) | 0 % | 31.12.2018

*ex 3204 17 00 | 15 | Colourant C.I. Pigment Green 7 (CAS RN 1328-53-6) and preparations based thereon with a colourant C.I. Pigment Green 7 content of 40 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 20 | Colourant C.I. Pigment Blue 15:3 (CAS RN 147-14-8) and preparations based thereon with a colourant C.I. Pigment Blue 15:3 content of 35 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 25 | Colourant C.I. Pigment Yellow 14 (CAS RN 5468-75-7) and preparations based thereon with a colourant C.I. Pigment Yellow 14 content of 25 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 30 | Colourant C.I. Pigment Yellow 97 (CAS RN 12225-18-2) and preparations based thereon with a colourant C.I. Pigment Yellow 97 content of 30 % or more by weight | 0 % | 31.12.2017

*ex 3204 17 00 | 35 | Colourant C.I. Pigment Red 202 (CAS RN 3089-17-6) and preparations based thereon with a colourant C.I. Pigment Red 202 content of 70 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 40 | Colourant C.I. Pigment Yellow 120 (CAS RN 29920-31-8) and preparations based thereon with a colourant C.I. Pigment Yellow 120 content of 50 % or more by weight | 0 % | 31.12.2014

*ex 3204 17 00 | 50 | Colourant C.I. Pigment Yellow 180 (CAS RN 77804-81-0) and preparations based thereon with a colourant C.I. Pigment Yellow 180 content of 90 % or more by weight | 0 % | 31.12.2014

*ex 3204 17 00 | 60 | Colourant C.I. Pigment Red 53:1 (CAS RN 5160-02-1) and preparations based thereon with a colourant C.I. Pigment Red 53:1 content of 50 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 65 | Colourant C.I. Pigment Red 53 (CAS RN 2092-56-0) and preparations based thereon with a colourant C.I. Pigment Red 53 content of 50 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 70 | Colourant C.I. Pigment Yellow 13 (CAS RN 5102-83-0 or CAS RN 15541-56-7) and preparations based thereon with a colourant C.I. Pigment Yellow 13 content of 60 % or more by weight | 0 % | 31.12.2016

*ex 3204 17 00 | 75 | Colourant C.I. Pigment Orange 5 (CAS RN 3468-63-1) and preparations based thereon with a colourant C.I. Pigment Orange 5 content of 80 % or more by weight | 0 % | 31.12.2017

*ex 3204 17 00 | 80 | Colourant C.I. Pigment Red 207 (CAS RN 71819-77-7) and preparations based thereon with a colourant C.I. Pigment Red 207 content of 50 % or more by weight | 0 % | 31.12.2017

*ex 3204 17 00 | 85 | Colourant C.I. Pigment Blue 61 (CAS RN 1324-76-1) and preparations based thereon with a colourant C.I. Pigment Blue 61 content of 35 % or more by weight | 0 % | 31.12.2017

*ex 3204 17 00 | 88 | Colourant C.I. Pigment Violet 3 (CAS RN 1325-82-2 or CAS RN 101357-19-1) and preparations based thereon with a colourant C.I. Pigment Violet 3 content of 90 % or more by weight | 0 % | 31.12.2017

*ex 3204 19 00 | 70 | Colourant C.I. Solvent Red 49:2 (CAS RN 1103-39-5) and preparations based thereon with a colourant C.I. Solvent Red 49:2 content of 90 % or more by weight | 0 % | 31.12.2018

*ex 3204 19 00 | 71 | Colourant C.I. Solvent Brown 53 (CAS RN 64696-98-6) and preparations based thereon with a colourant C.I. Solvent Brown 53 content of 95 % or more by weight | 0 % | 31.12.2015

*ex 3204 19 00 | 73 | Colourant C.I. Solvent Blue 104 (CAS RN 116-75-6) and preparations based thereon with a colourant C.I. Solvent Blue 104 content of 97 % or more by weight | 0 % | 31.12.2015

*ex 3204 19 00 | 77 | Colourant C.I. Solvent Yellow 98 (CAS RN 27870-92-4 or CAS RN 12671-74-8) and preparations based thereon with a colourant C.I. Solvent Yellow 98 content of 95 % or more by weight | 0 % | 31.12.2016

*ex 3204 19 00 | 84 | Colourant C.I. Solvent Blue 67 (CAS RN 12226-78-7) and preparations based thereon with a colourant C.I. Solvent Blue 67 content of 98 % or more by weight | 0 % | 31.12.2017

*ex 3204 19 00 | 85 | Colourant C.I. Solvent Red HPR (CAS RN 75198-96-8) and preparations based thereon with a colourant C.I. Solvent Red HPR content of 95 % or more by weight | 0 % | 31.12.2017

*ex 3204 20 00 | 20 | Colourant C.I. Fluorescent Brightener 71 (CAS RN 16090-02-1) and preparations based thereon with a colourant C.I. Fluorescent Brightener 71 content of 94 % or more by weight | 0 % | 31.12.2016

*ex 3204 20 00 | 30 | Colourant C.I. Fluorescent Brightener 351 (CAS RN 27344-41-8) and preparations based thereon with a colourant C.I. Fluorescent Brightener 351 content of 90 % or more by weight | 0 % | 31.12.2016

ex 3206 49 70 | 10 | Non aqueous dispersion, containing by weight:—57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1)—37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and—1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75) | — | 57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1) | — | 37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and | — | 1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75) | 0 % | 31.12.2018

— | 57 % or more but not more than 63 % of aluminium oxide (CAS RN 1344-28-1)

— | 37 % or more but not more than 42 % of titanium dioxide (CAS RN13463-67-7), and

— | 1 % or more but not more than 2 % of triethoxycaprylyl silane (CAS RN 2943-75)

*ex 3208 90 19 | 15 | Chlorinated polyolefins, in a solution | 0 % | 31.12.2018

ex 3208 90 19ex 3824 90 97 | 4561 | Polymer consisting of a polycondensate of formaldehyde and naphthalenediol, chemically modified by reaction with an alkyne halide, dissolved in propylene glycol methyl ether acetate | 0 % | 31.12.2018

*ex 3701 99 00 | 10 | Plate of quartz or of glass, covered with a film of chromium and coated with a photosensitive or electron-sensitive resin, of a kind used for goods of heading 8541  or 8542 | 0 % | 31.12.2018

*ex 3707 10 00 | 40 | Sensitising emulsion, containing:—not more than 10 % by weight of naphthoquinonediazide esters,—2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene—not more than 7 % by weight of epoxy-containing derivativesdissolved in 1-ethoxy-2-propyl acetate and/or ethyl lactate | — | not more than 10 % by weight of naphthoquinonediazide esters, | — | 2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene | — | not more than 7 % by weight of epoxy-containing derivatives | 0 % | 31.12.2016

— | not more than 10 % by weight of naphthoquinonediazide esters,

— | 2 % or more but not more than 35 %by weight of copolymers of hydroxystyrene

— | not more than 7 % by weight of epoxy-containing derivatives

*ex 3808 91 90 | 30 | Preparation containing endospores or spores and protein crystals derived from either:—Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior,—Bacillus thuringiensissubsp.kurstakior,—Bacillus thuringiensissubsp.israelensisor,—Bacillus thuringiensissubsp.aizawaior,—Bacillus thuringiensissubsp.tenebrionis | — | Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior, | — | Bacillus thuringiensissubsp.kurstakior, | — | Bacillus thuringiensissubsp.israelensisor, | — | Bacillus thuringiensissubsp.aizawaior, | — | Bacillus thuringiensissubsp.tenebrionis | 0 % | 31.12.2014

— | Bacillus thuringiensis Berlinersubsp.aizawaiandkurstakior,

— | Bacillus thuringiensissubsp.kurstakior,

— | Bacillus thuringiensissubsp.israelensisor,

— | Bacillus thuringiensissubsp.aizawaior,

— | Bacillus thuringiensissubsp.tenebrionis

ex 3811 21 00 | 13 | Additives containing:—borated magnesium (C16-C24) alkylbenzene sulphonates and—mineral oils,having a total base number (TBN) of more than 250, but not more than 350, for use in the manufacture of lubricating oils(1) | — | borated magnesium (C16-C24) alkylbenzene sulphonates and | — | mineral oils, | 0 % | 31.12.2018

— | borated magnesium (C16-C24) alkylbenzene sulphonates and

— | mineral oils,

ex 3811 21 00 | 15 | Additives, consisting of:—zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7),—triphenyl thiophosphate (CAS RN 597-82-0),—triphenyl phosphite (CAS RN 101-02-0), and—mineral oils,for use in the manufacture of lubricating oils(1) | — | zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7), | — | triphenyl thiophosphate (CAS RN 597-82-0), | — | triphenyl phosphite (CAS RN 101-02-0), and | — | mineral oils, | 0 % | 31.12.2018

— | zinc bis[bis(tetrapropylenephenyl)] bis(hydrogen dithiophosphate) (CAS RN 11059-65-7),

— | triphenyl thiophosphate (CAS RN 597-82-0),

— | triphenyl phosphite (CAS RN 101-02-0), and

— | mineral oils,

ex 3811 21 00 | 17 | Additives containing:—mainly sulphurized diisobutylene,—calcium sulphonate,—dialkylaminoalkyl polyisobutylene succinate, and—mineral oils,for use in the manufacture of lubricating oils(1) | — | mainly sulphurized diisobutylene, | — | calcium sulphonate, | — | dialkylaminoalkyl polyisobutylene succinate, and | — | mineral oils, | 0 % | 31.12.2018

— | mainly sulphurized diisobutylene,

— | calcium sulphonate,

— | dialkylaminoalkyl polyisobutylene succinate, and

— | mineral oils,

ex 3811 21 00 | 25 | Additives containing:—a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and—more than 15 %, but not more than 30 % by weight of mineral oils,for use in the manufacture of lubricating oils(1) | — | a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and | — | more than 15 %, but not more than 30 % by weight of mineral oils, | 0 % | 31.12.2018

— | a (C8-18) alkyl polymethacrylate copolymer with N-[3-(dimethylamino)propyl]methacrylamide, of an average molecular weight (Mw) of more than 10,000 but not more than 20,000, and

— | more than 15 %, but not more than 30 % by weight of mineral oils,

ex 3811 21 00 | 27 | Additives containing:—20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and—mineral oils,for use in the manufacture of lubricating oils(1) | — | 20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and | — | mineral oils, | 0 % | 31.12.2018

— | 20 % or more by weight of an ethylene-propylene copolymer chemically modified by succinic anhydride groups reacted with 4-(4-nitrophenylazo)aniline and 3-nitroaniline, and

— | mineral oils,

ex 3811 21 00 | 33 | Additives containing:—calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and—mineral oils,having a total base number (TBN) of more than 40 but not more than 100, for use in the manufacture of lubricating oils or overbased detergents for use in lubricating oils(1) | — | calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and | — | mineral oils, | 0 % | 31.12.2018

— | calcium salts of heptylphenol reaction products with formaldehyde (CAS RN 84605-23-2), and

— | mineral oils,

ex 3811 21 00 | 35 | Additives containing:—o-amino polyisobutylenephenol (CAS RN 78330-13-9),—polyisobutylene succinimide (CAS RN 84605-20-9),—alkenylimidazoline (CAS RN 68784-17-8),—nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and—more than 30 %, but not more than 45 % by weight of mineral oils,for use in the manufacture of lubricating oils(1) | — | o-amino polyisobutylenephenol (CAS RN 78330-13-9), | — | polyisobutylene succinimide (CAS RN 84605-20-9), | — | alkenylimidazoline (CAS RN 68784-17-8), | — | nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and | — | more than 30 %, but not more than 45 % by weight of mineral oils, | 0 % | 31.12.2018

— | o-amino polyisobutylenephenol (CAS RN 78330-13-9),

— | polyisobutylene succinimide (CAS RN 84605-20-9),

— | alkenylimidazoline (CAS RN 68784-17-8),

— | nonylated diphenylamine derivatives (CAS RN 36878-20-3 and CAS RN 27177-41-9), and

— | more than 30 %, but not more than 45 % by weight of mineral oils,

ex 3811 21 00 | 37 | Additives containing:—a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and—more than 50 % but not more than 75 % by weight of mineral oils,for use in the manufacture of lubricating oils(1) | — | a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and | — | more than 50 % but not more than 75 % by weight of mineral oils, | 0 % | 31.12.2018

— | a styrene-maleic anhydride copolymer esterified with C4-C20 alcohols, modified by aminopropylmorpholine, and

— | more than 50 % but not more than 75 % by weight of mineral oils,

ex 3811 21 00 | 43 | Additives containing:—borated succinimide compounds (CAS RN 134758-95-5), and—mineral oils,having a total base number (TBN) greater than 40, for use in the manufacture of lubricating oils(1) | — | borated succinimide compounds (CAS RN 134758-95-5), and | — | mineral oils, | 0 % | 31.12.2018

— | borated succinimide compounds (CAS RN 134758-95-5), and

— | mineral oils,

ex 3811 21 00 | 45 | Additives containing:—an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer,—an ethylene-propylene copolymer,—an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and—more than 15 % but not more than 30 % by weight of mineral oils,whether or not containing a methacrylic pour point depressant polymer, for use in the manufacture of lubricating oils(1) | — | an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer, | — | an ethylene-propylene copolymer, | — | an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and | — | more than 15 % but not more than 30 % by weight of mineral oils, | 0 % | 31.12.2018

— | an (C8-18) alkyl methacrylate and N-[3-(dimethylamino)propyl]methacrylamide copolymer,

— | an ethylene-propylene copolymer,

— | an ethylene-propylene copolymer chemically modified with succinic anhydride, 4-(4-nitrophenyl) aniline and 3-nitroaniline, and

— | more than 15 % but not more than 30 % by weight of mineral oils,

*ex 3811 29 00 | 20 | Additives for lubricating oils, consisting of reaction products of bis(2-methylpentan-2-yl)dithiophosphoric acid with propylene oxide, phosphorus oxide, and amines with C12-14 alkyl chains, used as a concentrated additive for the manufacture of lubricating oils | 0 % | 31.12.2017

*ex 3811 29 00 | 40 | Additives for lubricating oils, consisting of reaction products of 2-methyl-prop-1-ene with sulphur monochloride and sodium sulphide (CAS RN 68511-50-2), with a chlorine content by weight of 0,01 % or more but not more than 0,5 %, used as a concentrated additive for the manufacture of lubricating oils | 0 % | 31.12.2017

ex 3811 29 00 | 60 | Additives containing:—mainly sulphurized diisobutylene,—calcium sulphonate, and—dialkylaminoalkyl polyisobutylene succinatefor use in the manufacture of lubricating oils(1) | — | mainly sulphurized diisobutylene, | — | calcium sulphonate, and | — | dialkylaminoalkyl polyisobutylene succinate | 0 % | 31.12.2018

— | mainly sulphurized diisobutylene,

— | calcium sulphonate, and

— | dialkylaminoalkyl polyisobutylene succinate

ex 3811 29 00 | 70 | Additives consisting of dialkylphosphites (in which the alkyl groups contain more than 80 % by weight of oleyl, palmityl and stearyl groups), for use in the manufacture of lubricating oils(1) | 0 % | 31.12.2018

ex 3811 29 00 | 80 | Additives containing:—more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and—more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3),for use in the manufacture of lubricating oils(1) | — | more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and | — | more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3), | 0 % | 31.12.2018

— | more than 70 % by weight of 2,5-bis(tert-nonyldithio)-[1,3,4]-thiadiazole (CAS RN 89347-09-1), and

— | more than 15 % by weight of 5-(tert-nonyldithio)- 1,3,4-thiadiazole-2(3H)-thione (CAS RN 97503-12-3),

ex 3811 29 00 | 85 | Additives consisting of a mixture of 3-((C9-11)-isoalkyloxy)tetrahydrothiophene 1,1-dioxide, C10-rich (CAS RN 398141-87-2), for use in the manufacture of lubricating oils(1) | 0 % | 31.12.2018

*ex 3823 19 30*ex 3823 19 30 | 2030 | Palm fatty acid distillate, whether or not hydrogenated, with free fatty acid content 80 % or more for use in the manufacture of:—industrial monocarboxylic fatty acids of heading 3823 ,—stearic acid of heading 3823 ,—stearic acid of heading 2915 ,—palmitic acid of heading 2915 , or—animal feed preparations of heading 2309(1) | — | industrial monocarboxylic fatty acids of heading 3823 , | — | stearic acid of heading 3823 , | — | stearic acid of heading 2915 , | — | palmitic acid of heading 2915 , or | — | animal feed preparations of heading 2309(1) | 0 % | 31.12.2018

— | industrial monocarboxylic fatty acids of heading 3823 ,

— | stearic acid of heading 3823 ,

— | stearic acid of heading 2915 ,

— | palmitic acid of heading 2915 , or

— | animal feed preparations of heading 2309(1)

*ex 3823 19 90*ex 3823 19 90 | 2030 | Palm acid oils from refining for use in the manufacture of:—industrial monocarboxylic fatty acids of heading 3823 ,—stearic acid of heading 3823 ,—stearic acid of heading 2915 ,—palmitic acid of heading 2915 , or—animal feed preparations of heading 2309(1) | — | industrial monocarboxylic fatty acids of heading 3823 , | — | stearic acid of heading 3823 , | — | stearic acid of heading 2915 , | — | palmitic acid of heading 2915 , or | — | animal feed preparations of heading 2309(1) | 0 % | 31.12.2018

— | industrial monocarboxylic fatty acids of heading 3823 ,

— | stearic acid of heading 3823 ,

— | stearic acid of heading 2915 ,

— | palmitic acid of heading 2915 , or

— | animal feed preparations of heading 2309(1)

*ex 3824 90 97 | 18 | Poly(tetramethylene glycol) bis[(9-oxo-9H-thioxanthen-1-yloxy)acetate] with an average polymer chain length of less than 5 monomer units (CAS RN 813452-37-8) | 0 % | 31.12.2014

ex 3824 90 97 | 25 | Preparation of tetrahydro-α-(1-naphthylmethyl)furan-2-propionic acid (CAS RN 25379-26-4) in toluene | 0 % | 31.12.2018

*ex 3824 90 97 | 33 | Preparation, containing:—trioctylphosphine oxide (CAS RN 78-50-2),—dioctylhexylphosphine oxide (CAS RN 31160-66-4),—octyldihexylphosphine oxide (CAS RN 31160-64-2) and—trihexylphosphine oxide (CAS RN 3084-48-8) | — | trioctylphosphine oxide (CAS RN 78-50-2), | — | dioctylhexylphosphine oxide (CAS RN 31160-66-4), | — | octyldihexylphosphine oxide (CAS RN 31160-64-2) and | — | trihexylphosphine oxide (CAS RN 3084-48-8) | 0 % | 31.12.2016

— | trioctylphosphine oxide (CAS RN 78-50-2),

— | dioctylhexylphosphine oxide (CAS RN 31160-66-4),

— | octyldihexylphosphine oxide (CAS RN 31160-64-2) and

— | trihexylphosphine oxide (CAS RN 3084-48-8)

*ex 3824 90 97 | 34 | Zinc Dimethacrylate (CAS RN 13189-00-9), containing not more than 2,5 % by weight of 2,6-di-tert-butyl-alpha-dimethyl amino-p-cresol (CAS RN 88-27-7), in the form of powder | 0 % | 31.12.2018

ex 3824 90 97 | 46 | Additives for paints and coatings, containing:—a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and—30 % or more but not more than 35 % by weight of isobutyl alcohol | — | a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and | — | 30 % or more but not more than 35 % by weight of isobutyl alcohol | 0 % | 31.12.2018

— | a mixture of esters of phosphoric acid obtained from the reaction of phosphoric anhydride with 4-(1,1-dimethylpropyl) phenol and copolymers of styrene-allyl alcohol (CAS RN 84605-27-6), and

— | 30 % or more but not more than 35 % by weight of isobutyl alcohol

ex 3824 90 97 | 57 | Carrier in powder form, consisting of:—Ferrite (Iron oxide) (CAS RN 1309-37-1)—Manganese oxide (CAS RN 1344-43-0)—Magnesium oxide (CAS RN 1309-48-4)—Styrene acrylate copolymerto be mixed with the toner powder, in the manufacturing of ink/toner filled bottles or cartridges for facsimile machines, computer printers and copiers(1) | — | Ferrite (Iron oxide) (CAS RN 1309-37-1) | — | Manganese oxide (CAS RN 1344-43-0) | — | Magnesium oxide (CAS RN 1309-48-4) | — | Styrene acrylate copolymer | 0 % | 31.12.2018

— | Ferrite (Iron oxide) (CAS RN 1309-37-1)

— | Manganese oxide (CAS RN 1344-43-0)

— | Magnesium oxide (CAS RN 1309-48-4)

— | Styrene acrylate copolymer

ex 3824 90 97 | 63 | Catalyst containing by weight of—52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1),—38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and—10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8) | — | 52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1), | — | 38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and | — | 10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8) | 0 % | 31.12.2018

— | 52 % (± 10 %) of Cuprous Oxide (CAS RN 1317-39-1),

— | 38 % (± 10 %) of Cupric Oxide (CAS RN 1317-38-0) and

— | 10 % (± 5 %) of Metallic Copper (CAS RN 7440-50-8)

ex 3824 90 97 | 80 | Preparation consisting of:—80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and—10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3) | — | 80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and | — | 10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3) | 0 % | 31.12.2018

— | 80 % or more but not more than 90 % by weight of (S)-α-hydroxy-3-phenoxy-benzeneacetonitrile (CAS RN 61826-76-4) and

— | 10 % or more but not more than 20 % by weight of toluene (CAS RN 108-88-3)

ex 3824 90 97 | 81 | N-(2-phenylethyl)-1,3-benzenedimethanamine derivatives (CAS RN 404362-22-7) | 0 % | 31.12.2018

ex 3824 90 97 | 83 | C6-24 and C16-18-unsaturated fatty acid esters with sucrose (sucrose polysoyate) (CAS RN 93571-82-5) | 0 % | 31.12.2018

ex 3824 90 97ex 3906 90 90 | 8587 | Aqueous solution of polymers and ammonia consisting of:—0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and—0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid) | — | 0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and | — | 0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid) | 0 % | 31.12.2018

— | 0,1 % or more but not more than 0,5 % by weight of ammonia (CAS RN 1336-21-6) and

— | 0,3 % or more but not more than 10 % by weight of polycarboxylate (linear polymers of acrylic acid)

ex 3901 10 10 | 10 | Linear low-density polyethylene/LLDPE (CAS RN 9002-88-4) in the form of powder, with—5 % or less by weight of comonomer,—a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and—a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3 | — | 5 % or less by weight of comonomer, | — | a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and | — | a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3 | 0 % | 31.12.2018

— | 5 % or less by weight of comonomer,

— | a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and

— | a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3

ex 3901 90 90 | 30 | Linear low-density polyethylene/LLDPE (CAS RN 9002-88-4) in the form of powder, with—more than 5 %, but not more than 8 % by weight of comonomer,—a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and—a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3 | — | more than 5 %, but not more than 8 % by weight of comonomer, | — | a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and | — | a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3 | 0 % | 31.12.2018

— | more than 5 %, but not more than 8 % by weight of comonomer,

— | a melt flow rate of 15 g/10 min or more, but not more than 60 g/10 min and

— | a density of 0,924 g/cm3or more, but not more than 0,928 g/cm3

ex 3901 90 90 | 40 | Copolymer of ethylene and 1-hexene only (CAS RN 25213-02-9):—containing more than 5 % but not more than 20 % by weight of 1-hexene,—of a specific gravity of not more than 0,93,—manufactured using a metallocene catalyst | — | containing more than 5 % but not more than 20 % by weight of 1-hexene, | — | of a specific gravity of not more than 0,93, | — | manufactured using a metallocene catalyst | 0 % | 31.12.2018

— | containing more than 5 % but not more than 20 % by weight of 1-hexene,

— | of a specific gravity of not more than 0,93,

— | manufactured using a metallocene catalyst

*ex 3902 90 90 | 94 | Chlorinated polyolefins, whether or not in a solution or dispersion | 0 % | 31.12.2018

*ex 3907 30 00 | 60 | Polyglycerol polyglycidyl ether resin (CAS RN 118549-88-5) | 0 % | 31.12.2017

*ex 3907 40 00 | 30 | Polycarbonate pellets or granules with a specific gravity of 1,18 or more but not more than 1,25, containing by weight:—77 % or more but not more than 90 % of polycarbonate,—8 % or more but not more than 20 % of phosphoric acid ester,—0,1 % or more but not more than 1 % of antioxidant, andwhether or not containing 1 % or more but not more than 5 % of flame retardant | — | 77 % or more but not more than 90 % of polycarbonate, | — | 8 % or more but not more than 20 % of phosphoric acid ester, | — | 0,1 % or more but not more than 1 % of antioxidant, and | 0 % | 31.12.2016

— | 77 % or more but not more than 90 % of polycarbonate,

— | 8 % or more but not more than 20 % of phosphoric acid ester,

— | 0,1 % or more but not more than 1 % of antioxidant, and

ex 3907 60 80 | 60 | Oxygen binding copolymer (as determined by the ASTM D 1434 and 3985 methods), obtained from benzenedicarboxylic acids, ethylene glycol and polybutadiene substituted by hydroxy groups | 0 % | 31.12.2018

*ex 3910 00 00 | 40 | Silicones of a kind used in the manufacture of long term surgical implants | 0 % | 31.12.2016

*ex 3913 90 00 | 85 | Sterile sodium hyaluronate (CAS RN 9067-32-7) | 0 % | 31.12.2018

ex 3919 90 00 | 67 | Self-adhesive plastic film consisting of:—a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns—an adhesive layer with a thickness of more than 5 but not more than 15 microns—a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns—a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns | — | a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns | — | an adhesive layer with a thickness of more than 5 but not more than 15 microns | — | a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns | — | a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns | 0 % | 31.12.2018

— | a poly(olefin) layer with a thickness of more than 95 but not more than 110 microns

— | an adhesive layer with a thickness of more than 5 but not more than 15 microns

— | a layer based on epoxy resin, with a thickness of more than 4 but not more than 100 microns

— | a liner consisting of poly(ethylene terephthalate) with a thickness of more than 35 but not more than 40 microns

ex 3921 90 10 | 30 | Multilayer film consisting of:—a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm,—a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm,—an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm,—and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm | — | a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm, | — | a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm, | — | an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm, | — | and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm | 0 % | 31.12.2018

— | a poly(ethylene terephthalate) film with a thickness of more than 100 μm but not more than 150 μm,

— | a primer of phenolic material with a thickness of more than 8 μm but not more than 15 μm,

— | an adhesive layer of a synthetic rubber with a thickness of more than 20 μm but not more than 30 μm,

— | and a transparent poly(ethylene terephthalate) liner with a thickness of more than 35 μm but not more than 40 μm

*ex 3921 90 55*ex 7019 40 00*ex 7019 40 00 | 252129 | Prepreg sheets or rolls containing polyimide resin | 0 % | 31.12.2014

ex 3926 90 97 | 50 | Knob of car radio front panel, made of Bisphenol A-based polycarbonate | 0 % | 31.12.2018

ex 4408 39 30 | 10 | Okoumé veneer sheets of a thickness not exceeding 6 mm, unsanded, unplaned, of a kind used in plywood manufacture | 0 % | 31.12.2018

*ex 5603 12 90*ex 5603 13 90 | 6060 | Non-woven of spunbonded polyethylene, of a weight of more than 60 g/m2 but not more than 80 g/m2 and an air resistance (Gurley) of 8 seconds or more but not more than 36 seconds (as determined by the ISO 5636/5 method) | 0 % | 31.12.2018

ex 5603 93 90 | 60 | Nonwovens made of polyester fibres,—with a weight of 85 g/m2,—with a constant thickness of 95 μm (± 5 μm),—neither coated nor covered,—in 1 m wide rolls of 2 000 m to 5 000  m length,suitable for the coating of membranes in the manufacture of osmosis and reverse osmosis filters(1) | — | with a weight of 85 g/m2, | — | with a constant thickness of 95 μm (± 5 μm), | — | neither coated nor covered, | — | in 1 m wide rolls of 2 000 m to 5 000  m length, | 0 % | 31.12.2018

— | with a weight of 85 g/m2,

— | with a constant thickness of 95 μm (± 5 μm),

— | neither coated nor covered,

— | in 1 m wide rolls of 2 000 m to 5 000  m length,

ex 6909 19 00 | 25 | Ceramic proppants, containing aluminium oxide, silicon oxide and iron oxide | 0 % | 31.12.2018

*ex 6909 19 00 | 80 | Ceramic heat sinks, containing by weight:—66 % or more of silicon carbide,—10 %ormore of aluminium oxidefor maintaining the operating temperature of transistors, diodes and integrated circuits in products of headings 8521  or 8528(1) | — | 66 % or more of silicon carbide, | — | 10 %ormore of aluminium oxide | 0 % | 31.12.2016

— | 66 % or more of silicon carbide,

— | 10 %ormore of aluminium oxide

*ex 7019 40 00*ex 7019 40 00 | 1119 | Woven fabrics of rovings, impregnated with epoxy resin, with a coefficient of thermal expansion between 30 °C and 120 °C (measured according to IPC-TM-650) of:—10ppm per°C or more but not more than 12ppm per°C in the length and width, and—20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650) | — | 10ppm per°C or more but not more than 12ppm per°C in the length and width, and | — | 20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650) | 0 % | 31.12.2018

— | 10ppm per°C or more but not more than 12ppm per°C in the length and width, and

— | 20ppm per°C or more but not more than 30ppm per°C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650)

*ex 7020 00 10*ex 7616 99 90 | 1077 | Television pedestal stands with or without bracket for fixation to and stabilization of television cabinet case/body | 0 % | 31.12.2016

ex 7608 20 89 | 30 | Seamless aluminium alloyed extruded tubes with:—an outer diameter of 60 mm or more but not more than 420 mm, and—a wall thickness of 10 mm or more but not more than 80 mm | — | an outer diameter of 60 mm or more but not more than 420 mm, and | — | a wall thickness of 10 mm or more but not more than 80 mm | 0 % | 31.12.2018

— | an outer diameter of 60 mm or more but not more than 420 mm, and

— | a wall thickness of 10 mm or more but not more than 80 mm

*ex 8309 90 90 | 10 | Aluminium can ends:—with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm),—whether or not with a ‘ring-pull’ aperture | — | with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm), | — | whether or not with a ‘ring-pull’ aperture | 0 % | 31.12.2018

— | with a diameter of 99,00 mm or more but not more than 136,5 mm (± 1mm),

— | whether or not with a ‘ring-pull’ aperture

ex 8414 30 81ex 8414 80 73 | 6030 | Hermetic rotary compressors for Hydro-Fluoro-Carbon (HFC) refrigerants:—driven by ‘on-off’ single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors—with a nominal power rating of not more than 1,5 kWof a kind used in the production of household heat pump laundry tumble dryers | — | driven by ‘on-off’ single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors | — | with a nominal power rating of not more than 1,5 kW | 0 % | 31.12.2018

— | driven by ‘on-off’ single phase alternate current’ (AC) or ‘brushless direct current’ (BLDC) variable speed motors

— | with a nominal power rating of not more than 1,5 kW

ex 8431 20 00 | 40 | Aluminium core, plastic tank radiator, with integral steel support structure and an open core square wave design of 9 fins per 2,54 cm of core length for use in the manufacture of vehicles of heading 8427(1) | 0 % | 31.12.2018

ex 8475 29 00ex 8514 10 80 | 1010 | Glass Filament Melter with heater basket/bushing assembly:—electrically heated,—with opening—with a multiplicity of tips (holes) of platinum/rhodium alloy—used to melt glass batches and condition molten glass—for drawing into continuous fibres | — | electrically heated, | — | with opening | — | with a multiplicity of tips (holes) of platinum/rhodium alloy | — | used to melt glass batches and condition molten glass | — | for drawing into continuous fibres | 0 % | 31.12.2018

— | electrically heated,

— | with opening

— | with a multiplicity of tips (holes) of platinum/rhodium alloy

— | used to melt glass batches and condition molten glass

— | for drawing into continuous fibres

ex 8501 10 99 | 70 | DC stepping motor, with—an angle of step of 7,5° (± 0,5°)—a two-phase winding,—a rated voltage of 9 V or more, but not more than 16,0 V—of a specified temperature range covering at least – 40 °C to + 105 °C—with or without connecting pinion—with or without motor drive connector | — | an angle of step of 7,5° (± 0,5°) | — | a two-phase winding, | — | a rated voltage of 9 V or more, but not more than 16,0 V | — | of a specified temperature range covering at least – 40 °C to + 105 °C | — | with or without connecting pinion | — | with or without motor drive connector | 0 % | 31.12.2018

— | an angle of step of 7,5° (± 0,5°)

— | a two-phase winding,

— | a rated voltage of 9 V or more, but not more than 16,0 V

— | of a specified temperature range covering at least – 40 °C to + 105 °C

— | with or without connecting pinion

— | with or without motor drive connector

*ex 8501 10 99 | 80 | DC stepping motor, with:—an angle of step of 7,5° (± 0,5°),—a pull-out torque at 25 °C of 25 mNm or more,—a pull-out pulse rate of 1 500  pps or more,—a two-phase winding, and—a rated voltage of 10,5 V or more, but not more than 16,0 V | — | an angle of step of 7,5° (± 0,5°), | — | a pull-out torque at 25 °C of 25 mNm or more, | — | a pull-out pulse rate of 1 500  pps or more, | — | a two-phase winding, and | — | a rated voltage of 10,5 V or more, but not more than 16,0 V | 0 % | 31.12.2018

— | an angle of step of 7,5° (± 0,5°),

— | a pull-out torque at 25 °C of 25 mNm or more,

— | a pull-out pulse rate of 1 500  pps or more,

— | a two-phase winding, and

— | a rated voltage of 10,5 V or more, but not more than 16,0 V

ex 8503 00 99 | 50 | Stator for brushless motor, with:—an internal diameter of 206,6 mm (± 0,5)—an external diameter of 265,0 mm (± 0,2) and—a width of 41,00 mm (± 0,3)of a kind used in the manufacture of washing machine, washer-dryer or dryer equipped with direct drive drums | — | an internal diameter of 206,6 mm (± 0,5) | — | an external diameter of 265,0 mm (± 0,2) and | — | a width of 41,00 mm (± 0,3) | 0 % | 31.12.2018

— | an internal diameter of 206,6 mm (± 0,5)

— | an external diameter of 265,0 mm (± 0,2) and

— | a width of 41,00 mm (± 0,3)

ex 8504 40 90 | 70 | Module for converting alternating current into direct current and direct current into direct current with—a rated power of not more than 100 W—an input voltage of 80 V or more, but not more than 305 V—an certified input frequency of 47 Hz or more, but not more than 440 Hz—one or more constant voltage output(s)—an operating temperature range of – 40 °C or more, but not more than + 85 °C,—pins for mounting to a printed circuit | — | a rated power of not more than 100 W | — | an input voltage of 80 V or more, but not more than 305 V | — | an certified input frequency of 47 Hz or more, but not more than 440 Hz | — | one or more constant voltage output(s) | — | an operating temperature range of – 40 °C or more, but not more than + 85 °C, | — | pins for mounting to a printed circuit | 0 % | 31.12.2018

— | a rated power of not more than 100 W

— | an input voltage of 80 V or more, but not more than 305 V

— | an certified input frequency of 47 Hz or more, but not more than 440 Hz

— | one or more constant voltage output(s)

— | an operating temperature range of – 40 °C or more, but not more than + 85 °C,

— | pins for mounting to a printed circuit

*ex 8505 11 00 | 70 | Disc consisting of an alloy of neodymium, iron and boron, covered with nickel, that after magnetisation is intended to become permanent magnet—whether or not containing a hole in the centre,—with a diameter of not more than 90 mm,of a kind used in car loudspeakers | — | whether or not containing a hole in the centre, | — | with a diameter of not more than 90 mm, | 0 % | 31.12.2018

— | whether or not containing a hole in the centre,

— | with a diameter of not more than 90 mm,

ex 8507 10 20 | 85 | Lead-acid accumulators or -modules, of a kind used for starting piston engines with—a nominal capacity of 32 Ah,—a length of not more than 205 mm,—a width of not more than 130 mm and—a height of not more than 190 mmfor use in the manufacture of articles of CN-code 8711(1) | — | a nominal capacity of 32 Ah, | — | a length of not more than 205 mm, | — | a width of not more than 130 mm and | — | a height of not more than 190 mm | 0 % | 31.12.2018

— | a nominal capacity of 32 Ah,

— | a length of not more than 205 mm,

— | a width of not more than 130 mm and

— | a height of not more than 190 mm

*ex 8507 30 20 | 30 | Cylindrical nickel-cadmium accumulator or module, with a length of 65,3 mm (± 1,5 mm) and a diameter of 14,5 mm (± 1mm), having a nominal capacity of 1 000  mAh or more, for use in the manufacture of rechargeable batteries(1) | 0 % | 31.12.2018

*ex 8507 50 00*ex 8507 60 00 | 2020 | Rectangular accumulator or module, with a length of not more than 69 mm, a width of not more than 36 mm and a thickness of not more than 12 mm, for use in the manufacture of rechargeable batteries(1) | 0 % | 31.12.2018

*ex 8507 50 00 | 30 | Cylindrical nickel-hydride accumulator or module, of a diameter of not more than 14,5 mm, for the manufacture of rechargeable batteries(1) | 0 % | 31.12.2018

*ex 8507 60 00 | 30 | Cylindrical lithium-ion accumulator or module, with a length of 63 mm or more and a diameter of 17,2 mm or more, having a nominal capacity of 1 200  mAh or more, for use in the manufacture of rechargeable batteries(1) | 0 % | 31.12.2014

*ex 8507 60 00 | 40 | Batteries of ion-lithium electric accumulators or module rechargeable with:—a length of 1 203  mm or more, but not more than 1 297  mm,—a width of 282 mm or more, but not more than 772 mm,—a height of 792 mm or more, but not more than 839 mm,—a weight of 260 kg or more, but not more than 293 kg,—power of 22 kWh or 26 kWh, and—constituted of 24 or 48 modules | — | a length of 1 203  mm or more, but not more than 1 297  mm, | — | a width of 282 mm or more, but not more than 772 mm, | — | a height of 792 mm or more, but not more than 839 mm, | — | a weight of 260 kg or more, but not more than 293 kg, | — | power of 22 kWh or 26 kWh, and | — | constituted of 24 or 48 modules | 0 % | 31.12.2017

— | a length of 1 203  mm or more, but not more than 1 297  mm,

— | a width of 282 mm or more, but not more than 772 mm,

— | a height of 792 mm or more, but not more than 839 mm,

— | a weight of 260 kg or more, but not more than 293 kg,

— | power of 22 kWh or 26 kWh, and

— | constituted of 24 or 48 modules

*ex 8507 60 00 | 50 | Modules for the assembly of batteries of ion lithium electric accumulators with:—a length of 298 mm or more, but not more than 408 mm,—a width of 33,5 mm or more, but not more than 209 mm,—a height of 138 mm or more, but not more than 228 mm,—a weight of 3,6 kg or more, but not more than 17 kg, and—a power of 458 Wh or more, but not more than 2 158  Wh | — | a length of 298 mm or more, but not more than 408 mm, | — | a width of 33,5 mm or more, but not more than 209 mm, | — | a height of 138 mm or more, but not more than 228 mm, | — | a weight of 3,6 kg or more, but not more than 17 kg, and | — | a power of 458 Wh or more, but not more than 2 158  Wh | 0 % | 31.12.2018

— | a length of 298 mm or more, but not more than 408 mm,

— | a width of 33,5 mm or more, but not more than 209 mm,

— | a height of 138 mm or more, but not more than 228 mm,

— | a weight of 3,6 kg or more, but not more than 17 kg, and

— | a power of 458 Wh or more, but not more than 2 158  Wh

*ex 8507 60 00 | 55 | Lithium-ion accumulator or module in cylindrical form, with:—a base similar to an ellipse squeezed in the middle,—a length of 49 mm or more (not including terminals),—a width of 33,5 mm or more,—a thickness of 9,9 mm or more,—a rated capacity of 1,75 Ah or more, and—a rated voltage of 3,7 V,for the manufacture of rechargeable batteries(1) | — | a base similar to an ellipse squeezed in the middle, | — | a length of 49 mm or more (not including terminals), | — | a width of 33,5 mm or more, | — | a thickness of 9,9 mm or more, | — | a rated capacity of 1,75 Ah or more, and | — | a rated voltage of 3,7 V, | 0 % | 31.12.2017

— | a base similar to an ellipse squeezed in the middle,

— | a length of 49 mm or more (not including terminals),

— | a width of 33,5 mm or more,

— | a thickness of 9,9 mm or more,

— | a rated capacity of 1,75 Ah or more, and

— | a rated voltage of 3,7 V,

*ex 8507 60 00 | 57 | Lithium-ion accumulator or module, cuboid in shape, with:—some of the corners rounded off,—a length of 76 mm or more (not including terminals),—a width of 54,5 mm or more,—a thickness of 5,2 mm or more,—a rated capacity of 3 100  mAh or more, and—a rated voltage of 3,7 V,for the manufacture of rechargeable batteries(1) | — | some of the corners rounded off, | — | a length of 76 mm or more (not including terminals), | — | a width of 54,5 mm or more, | — | a thickness of 5,2 mm or more, | — | a rated capacity of 3 100  mAh or more, and | — | a rated voltage of 3,7 V, | 0 % | 31.12.2017

— | some of the corners rounded off,

— | a length of 76 mm or more (not including terminals),

— | a width of 54,5 mm or more,

— | a thickness of 5,2 mm or more,

— | a rated capacity of 3 100  mAh or more, and

— | a rated voltage of 3,7 V,

*ex 8507 60 00 | 80 | Rectangular lithium-ion-accumulator or module, with—a metal casing,—a length of 171 mm (± 3 mm),—a width of 45,5 mm (± 1 mm),—a height of 115 mm (± 1 mm),—a nominal voltage of 3,75 V and—a nominal capacity of 50 Ahfor use in the manufacture of rechargeable batteries for motor vehicles(1) | — | a metal casing, | — | a length of 171 mm (± 3 mm), | — | a width of 45,5 mm (± 1 mm), | — | a height of 115 mm (± 1 mm), | — | a nominal voltage of 3,75 V and | — | a nominal capacity of 50 Ah | 0 % | 31.12.2015

— | a metal casing,

— | a length of 171 mm (± 3 mm),

— | a width of 45,5 mm (± 1 mm),

— | a height of 115 mm (± 1 mm),

— | a nominal voltage of 3,75 V and

— | a nominal capacity of 50 Ah

*ex 8518 29 95 | 30 | Loudspeakers of:—an impedance of 3 Ohm or more, but not more than 16 Ohm,—a nominal power of 2 W or more, but not more than 20 W,—with or without plastic bracket, and—with or without electric cable fitted with connectors,of a kind used for TV sets and video monitors manufacture as well as home entertainment systems | — | an impedance of 3 Ohm or more, but not more than 16 Ohm, | — | a nominal power of 2 W or more, but not more than 20 W, | — | with or without plastic bracket, and | — | with or without electric cable fitted with connectors, | 0 % | 31.12.2017

— | an impedance of 3 Ohm or more, but not more than 16 Ohm,

— | a nominal power of 2 W or more, but not more than 20 W,

— | with or without plastic bracket, and

— | with or without electric cable fitted with connectors,

*ex 8522 90 80 | 97 | Tuner transforming high-frequency signals into mid-frequency signals, for use in the manufacture of products falling under heading 8521(1) | 0 % | 31.12.2016

*ex 8525 80 19*ex 8525 80 91 | 3110 | Closed circuit television (CCTV) camera:—of a weight of not more than 5,9 kg,—without a housing,—of dimensions of not more than 405 mm × 315 mm,—with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,—with effective pixels of not more than 5 megapixels,for use in CCTV surveillance systems(1) | — | of a weight of not more than 5,9 kg, | — | without a housing, | — | of dimensions of not more than 405 mm × 315 mm, | — | with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor, | — | with effective pixels of not more than 5 megapixels, | 0 % | 31.12.2018

— | of a weight of not more than 5,9 kg,

— | without a housing,

— | of dimensions of not more than 405 mm × 315 mm,

— | with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,

— | with effective pixels of not more than 5 megapixels,

ex 8525 80 19 | 50 | Remote camera head, whether or not contained in a housing—with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength),—with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors,—with a C-Mount lens mount,—with a weight of not more than 70 g,—with an LVDS digital video output,—with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensationof a kind used in the manufacture of miniaturised industrial camera systems | — | with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength), | — | with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors, | — | with a C-Mount lens mount, | — | with a weight of not more than 70 g, | — | with an LVDS digital video output, | — | with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensation | 0 % | 31.12.2018

— | with dimensions (without cable socket) of not more than 27 × 30 × 38,5 mm (widthxheightxlength),

— | with three MOS imaging sensors with two or more effective megapixels per sensor and a prism block for distribution of the RGB spectrum colours to the three sensors,

— | with a C-Mount lens mount,

— | with a weight of not more than 70 g,

— | with an LVDS digital video output,

— | with a permanent EEPROM memory for local storage of calibration data for colour rendering and defective pixel compensation

ex 8525 80 19 | 55 | Camera module with a resolution of 1 920  × 1 080  P HD with two microphones for use in the manufacture of products falling within heading 8528(1) | 0 % | 31.12.2018

*ex 8528 59 70 | 10 | Liquid crystal display colour video monitors, excluding those combined with other apparatus, having a DC input voltage of 7 V or more but not more than 30 V, with a diagonal measurement of the screen of 33,2 cm or less,—without a housing, with back cover and mounting frame,—or with a housing,used for permanent incorporation or permanent mounting, during industrial assembly, into goods of Chapters 84 to 90 and 94(1) | — | without a housing, with back cover and mounting frame, | — | or with a housing, | 0 % | 31.12.2018

— | without a housing, with back cover and mounting frame,

— | or with a housing,

*ex 8529 90 65 | 50 | Tuner transforming high-frequency signals into mid-frequency signals, for use in the manufacture of products falling under heading 8528(1) | 0 % | 31.12.2016

*ex 8529 90 92 | 42 | Aluminium heat sinks and cooling fins, for maintaining the operating temperature of transistors and integrated circuits, for use in the manufacture of products falling within heading 8527  or 8528(1) | 0 % | 31.12.2018

*ex 8529 90 92*ex 8548 90 90 | 4455 | LCD modules, solely consisting of one or more TFT glass or plastic cells, not combined with touch screen facilities, with or without backlight unit, with or without inverters and one or more printed circuit boards with control electronics for pixel addressing only | 0 % | 31.12.2018

ex 8536 41 90 | 30 | A cubic-shape power relay with:—an electromechanical switching function,—an electrification current of 3 amperes or more but not more than 16 amperes,—a driver voltage 5 volts or more but not more than 24 volts,—a distance between switching pins not more than 12,5 mm | — | an electromechanical switching function, | — | an electrification current of 3 amperes or more but not more than 16 amperes, | — | a driver voltage 5 volts or more but not more than 24 volts, | — | a distance between switching pins not more than 12,5 mm | 0 % | 31.12.2018

— | an electromechanical switching function,

— | an electrification current of 3 amperes or more but not more than 16 amperes,

— | a driver voltage 5 volts or more but not more than 24 volts,

— | a distance between switching pins not more than 12,5 mm

*ex 8536 70 00 | 10 | Optical socket, plug or connector, for use in the manufacture of goods falling within headings 8521  or 8528(1) | 0 % | 31.12.2016

ex 8537 10 91 | 40 | Electronic control units, manufactured according to class 2 of IPC-A-610E standard, with a main power input of 400 V AC, a logic power input of 24 V DC, equipped at least with:—a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors,—contactors,—an automatic circuit breaker,—a fuse,—internal connecting cables,—a main power switch,—electrical connectors or cables for connecting external devices,—a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm,used for controlling and powering machines of a kind used for recycling or sorting of plastic, metal or glass packaging | — | a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors, | — | contactors, | — | an automatic circuit breaker, | — | a fuse, | — | internal connecting cables, | — | a main power switch, | — | electrical connectors or cables for connecting external devices, | — | a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm, | 0 % | 31.12.2018

— | a PCBA board(s) with logic and programmable circuits and other electronic parts as connectors, capacitors, coils or resistors,

— | contactors,

— | an automatic circuit breaker,

— | a fuse,

— | internal connecting cables,

— | a main power switch,

— | electrical connectors or cables for connecting external devices,

— | a metal casing with dimension of 370 × 300 × 80 mm or more, but not more than 570 × 420 × 125 mm,

ex 8537 10 99 | 30 | Motor bridge ICs without programmable memory consisting of:—one or more integrated circuits, not interconnected, on separate lead frames,—also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars—mounted in a plastic housing | — | one or more integrated circuits, not interconnected, on separate lead frames, | — | also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars | — | mounted in a plastic housing | 0 % | 31.12.2018

— | one or more integrated circuits, not interconnected, on separate lead frames,

— | also with discrete Metal Oxide Field Effect Transistors (MOSFET) for controlling DC motors in cars

— | mounted in a plastic housing

*ex 8538 90 99 | 95 | Copper base plate, of a kind used as a heatsink [in the manufacture] of IGBT modules containing more components than IGBT chips and diodes with a voltage of 650 V or more but not more than 1 200  V(1) | 0 % | 31.12.2018

ex 8544 30 00 | 30 | Multi-measurement wire harness of a voltage of 5 V or more but not more than 90 V capable of measuring some or all of the following;—a travel speed of not more than 24 km/h—a motor speed of not more than 4 500  rpm—hydraulic pressure of not more than 25 Mpa—mass of not more than 50 metric tonnesfor use in the manufacture of vehicles of heading 8427(1) | — | a travel speed of not more than 24 km/h | — | a motor speed of not more than 4 500  rpm | — | hydraulic pressure of not more than 25 Mpa | — | mass of not more than 50 metric tonnes | 0 % | 31.12.2018

— | a travel speed of not more than 24 km/h

— | a motor speed of not more than 4 500  rpm

— | hydraulic pressure of not more than 25 Mpa

— | mass of not more than 50 metric tonnes

ex 8714 91 10ex 8714 91 10ex 8714 91 10 | 233370 | Frame, constructed from aluminium or aluminium and carbon, for the use in the manufacture of bicycles(1) | 0 % | 31.12.2018

ex 8714 91 30ex 8714 91 30ex 8714 91 30 | 233370 | Front forks, suspended, constructed from aluminium, for use in the manufacture of bicycles(1) | 0 % | 31.12.2018

*ex 9002 11 00 | 50 | Lens unit:—having a focal length of 25 mm or more but not more than 150 mm,—consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm | — | having a focal length of 25 mm or more but not more than 150 mm, | — | consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm | 0 % | 31.12.2018

— | having a focal length of 25 mm or more but not more than 150 mm,

— | consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm

ex 9014 10 00 | 30 | Electronic compass, as a geomagnetic sensor, in a housing (e.g. CSWLP, LGA, SOIC) suitable for fully automated printed circuit board (PCB) assembly, with the following main components:—a combination of one or more application-specific integrated circuits (ASIC) and—one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material,of a kind used in the manufacture of products falling in chapters 84-90 and 94(1) | — | a combination of one or more application-specific integrated circuits (ASIC) and | — | one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material, | 0 % | 31.12.2018

— | a combination of one or more application-specific integrated circuits (ASIC) and

— | one or more micro-electromechanical sensors (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material,

*ex 9022 90 00 | 10 | Panels for x-ray apparatus (x-ray flat panel sensors/x-ray sensors) consisting of a glass plate with a matrix of thin-film transistors, covered with a film of amorphous silicon, coated with a scintillator layer of caesium iodide and a metallised protective layer, or coated with a layer of amorphous selenium | 0 % | 31.12.2018

*ex 9405 40 39*ex 9405 40 99 | 8007 | Ambient light LED board to be incorporated in goods of heading 8528(1) | 0 % | 31.12.2015

(1)  Suspension of duties is subject to Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).
ANNEX IITARIFF SUSPENSIONS REFERRED TO IN POINT (3) OF ARTICLE 1

CN code | TARIC

ex 1511 90 19 | 10

ex 1511 90 91 | 10

ex 1513 11 10 | 10

ex 1513 19 30 | 10

ex 1513 21 10 | 10

ex 1513 29 30 | 10

ex 2823 00 00 | 10

ex 2836 99 17 | 20

ex 2903 39 90 | 70

ex 2905 19 00 | 11

ex 2907 23 00 | 10

ex 2908 19 00 | 10

ex 2915 39 00 | 20

ex 2921 42 00 | 86

ex 2921 49 00 | 70

ex 2925 29 00 | 20

ex 2932 99 00 | 80

ex 2933 21 00 | 50

ex 2933 59 95 | 15

ex 2934 99 90 | 55

ex 2935 00 90 | 17

ex 2935 00 90 | 88

ex 3204 11 00 | 20

ex 3204 11 00 | 40

ex 3204 11 00 | 50

ex 3204 11 00 | 60

ex 3204 11 00 | 70

ex 3204 12 00 | 10

ex 3204 13 00 | 10

ex 3204 13 00 | 30

ex 3204 13 00 | 40

ex 3204 15 00 | 10

ex 3204 15 00 | 60

ex 3204 17 00 | 10

ex 3204 17 00 | 15

ex 3204 17 00 | 20

ex 3204 17 00 | 25

ex 3204 17 00 | 30

ex 3204 17 00 | 35

ex 3204 17 00 | 40

ex 3204 17 00 | 50

ex 3204 17 00 | 60

ex 3204 17 00 | 65

ex 3204 17 00 | 70

ex 3204 17 00 | 75

ex 3204 17 00 | 80

ex 3204 17 00 | 85

ex 3204 17 00 | 88

ex 3204 19 00 | 70

ex 3204 19 00 | 71

ex 3204 19 00 | 73

ex 3204 19 00 | 77

ex 3204 19 00 | 84

ex 3204 19 00 | 85

ex 3204 20 00 | 20

ex 3204 20 00 | 30

ex 3208 90 19 | 15

ex 3701 99 00 | 10

ex 3707 10 00 | 40

ex 3808 91 90 | 30

ex 3811 29 00 | 20

ex 3811 29 00 | 40

ex 3812 30 80 | 75

ex 3823 19 30 | 20

ex 3823 19 90 | 20

ex 3824 90 97 | 18

ex 3824 90 97 | 33

ex 3902 90 90 | 94

ex 3907 30 00 | 60

ex 3907 40 00 | 30

ex 3910 00 00 | 40

ex 3913 90 00 | 85

ex 3921 90 55 | 25

ex 5603 12 90 | 60

ex 5603 13 90 | 60

ex 6909 19 00 | 80

ex 7019 40 00 | 10

ex 7019 40 00 | 20

ex 7020 00 10 | 10

ex 7616 99 90 | 77

ex 8108 90 50 | 85

ex 8309 90 90 | 10

ex 8501 10 99 | 80

ex 8505 11 00 | 70

ex 8507 30 20 | 30

ex 8507 50 00 | 20

ex 8507 50 00 | 30

ex 8507 60 00 | 20

ex 8507 60 00 | 30

ex 8507 60 00 | 40

ex 8507 60 00 | 50

ex 8507 60 00 | 55

ex 8507 60 00 | 57

ex 8507 60 00 | 80

ex 8518 29 95 | 30

ex 8522 90 80 | 97

ex 8525 80 19 | 31

ex 8525 80 91 | 10

ex 8528 59 70 | 10

ex 8529 90 65 | 50

ex 8529 90 65 | 55

ex 8529 90 65 | 60

ex 8529 90 92 | 42

ex 8529 90 92 | 44

ex 8529 90 92 | 48

ex 8536 70 00 | 10

ex 8536 70 00 | 20

ex 8538 90 99 | 95

ex 9002 11 00 | 50

ex 9022 90 00 | 10
ANNEX IIISUPPLEMENTARY UNITS REFERRED TO IN POINT (1) OF ARTICLE 2

CN code | TARIC | Supplementary units

ex 3901 10 10 | 10 | m3

ex 3901 90 90 | 30 | m3

ex 3919 90 00 | 67 | m2

ex 3921 90 10 | 30 | m2

ex 3923 30 90 | 10 | p/st

ex 3926 90 97 | 50 | p/st

ex 3926 90 97 | 55 | m2

ex 3926 90 97 | 65 | p/st

ex 5603 14 90 | 40 | m2

ex 5603 93 90 | 60 | m2

ex 8411 99 00 | 40 | p/st

ex 8411 99 00 | 50 | p/st

ex 8424 90 00 | 30 | p/st

ex 8431 20 00 | 40 | p/st

ex 8475 29 00 | 10 | p/st

ex 8483 40 29 | 60 | p/st

ex 8503 00 99 | 50 | p/st

ex 8504 40 90 | 50 | p/st

ex 8504 40 90 | 60 | p/st

ex 8508 70 00 | 20 | p/st

ex 8536 41 90 | 30 | p/st

ex 8537 10 91 | 40 | p/st

ex 8537 10 99 | 30 | p/st

ex 8537 10 99 | 98 | p/st

ex 8538 90 99 | 95 | p/st

ex 8543 70 90 | 23 | p/st

ex 8544 30 00 | 30 | p/st

ex 9001 90 00 | 35 | p/st

ex 9001 90 00 | 45 | p/st

ex 9014 10 00 | 30 | p/st

ex 9025 80 40 | 30 | p/st

ex 9029 10 00 | 20 | p/st

ex 9031 80 38 | 20 | p/st

ex 9401 90 80 | 20 | p/st

ex 9401 90 80 | 30 | p/st

ex 9401 90 80 | 40 | p/st

ex 9405 40 39 | 50 | p/st

ex 9405 40 99 | 3 | p/st

ex 9405 40 99 | 6 | p/st
ANNEX IVSUPPLEMENTARY UNITS REFERRED TO IN POINT (2) OF ARTICLE 2

CN code | TARIC | Supplementary units

ex 8529 90 92 | 48 | p/st

ex 8536 70 00 | 20 | p/st
			

Pending: 32014R0720

                                January 16, 2026                            

28.6.2014
EN
Official Journal of the European Union
L 190/65

(1)
Commission Regulation (EC) No 431/2008(2)opened an import tariff quota for beef and veal products.

(2)
The applications for import rights lodged for the period 1 July 2014 to 30 June 2015 relate to quantities exceeding those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006(3).

(3)
In order to ensure sound management of the procedure for granting import rights, the present Regulation should enter into force immediately after its publication,

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 188(1) and (3) thereof,

(1) Commission Regulation (EC) No 431/2008(2)opened an import tariff quota for beef and veal products.

(2) The applications for import rights lodged for the period 1 July 2014 to 30 June 2015 relate to quantities exceeding those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006(3).

(3) In order to ensure sound management of the procedure for granting import rights, the present Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:
Article 1

The quantities for which import right applications covered by the quota with the serial number 09.4003 have been lodged for the period 1 July 2014 to 30 June 2015 under Regulation (EC) No 431/2008 shall be multiplied by an allocation coefficient of 27,09851 %.
Article 2

This Regulation shall enter into force on 28 June 2014.
THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 188(1) and (3) thereof,

(1) Commission Regulation (EC) No 431/2008(2)opened an import tariff quota for beef and veal products.

(2) The applications for import rights lodged for the period 1 July 2014 to 30 June 2015 relate to quantities exceeding those available. The extent to which import rights may be allocated should therefore be determined and an allocation coefficient laid down to be applied to the quantities applied for, in accordance with Article 6(3) in conjunction with Article 7(2) of Commission Regulation (EC) No 1301/2006(3).

(3) In order to ensure sound management of the procedure for granting import rights, the present Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:
The quantities for which import right applications covered by the quota with the serial number 09.4003 have been lodged for the period 1 July 2014 to 30 June 2015 under Regulation (EC) No 431/2008 shall be multiplied by an allocation coefficient of 27,09851 %.
This Regulation shall enter into force on 28 June 2014.

Pending: 32014R0668

                                January 16, 2026                            

19.6.2014
EN
Official Journal of the European Union
L 179/36

(1)
Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2)and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules should be adopted by means of such acts. The new rules should replace the implementing rules of Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4)and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5). Those Regulations are repealed by Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules(6).

(2)
Specific rules concerning the use of linguistic characters for a protected designation of origin, a protected geographical indication and a traditional speciality guaranteed and the translations of the claim accompanying a traditional speciality guaranteed should be laid down in order to ensure that operators and consumers in all Member States are able to read and understand such names and claims.

(3)
The geographical area of protected designations of origin and protected geographical indications should be defined in the product specification in a detailed, precise way that presents no ambiguities in order to allow producers, competent authorities and control bodies to operate on certain and reliable bases.

(4)
An obligation to include detailed rules on the origin and quality of feed in the product specifications of products of animal origin the names of which are registered as protected designations of origin should be established in order to guarantee uniform quality of the product and to harmonise the way of drafting those rules.

(5)
The product specification for protected designations of origin and protected geographical indications should include the measures taken to ensure that the product originates in the defined geographical area, as referred to in point (d) of Article 7(1) of Regulation (EU) No 1151/2012. Those measures should be clear and detailed in order to allow to trace the product, raw materials, feed and other items coming from the defined geographical area.

(6)
As regards applications for registration of a name or approval of an amendment covering distinct products it is necessary to define in which cases products bearing the same registered name are considered distinct products. In order to avoid that products not complying with the requirements for designations of origin and geographical indications referred to in Article 5(1) and (2) of Regulation (EU) No 1151/2012 are marketed using a registered name, compliance with the requirements for registration should be demonstrated for each distinct product covered by an application.

(7)
Packaging of an agricultural product or a foodstuff or operations concerning its presentation, such as slicing or grating, restricted to a defined geographical area, constitute a restriction on free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice of the European Union, such restrictions can only be imposed if they are necessary, proportionate and capable of upholding the reputation of the geographical indication or the designation of origin. As referred to in point (e) of Article 7(1) of Regulation (EU) No 1151/2012, product specific justifications for such restrictions shall be provided.

(8)
For the smooth functioning of the system, procedures for applications, oppositions, amendments and cancellations should be specified.

(9)
To ensure uniform and efficient procedures, forms concerning applications, oppositions, amendments, cancellations as well as forms concerning the publication of single documents for names that were registered prior to 31 March 2006 should be provided.

(10)
For the sake of legal certainty, the criteria for the identification of the date of submission of an application for registration and of submission of an amendment application should be clearly specified.

(11)
A limit to the length of single documents should be set out in order to have a more streamlined process and for standardisation needs.

(12)
Specific rules on the description of the product and the production method should be adopted for standardisation needs. In order to allow easy and quick examination of applications for registration of a name or approval of an amendment, the description of the product and of the production method should contain only relevant and comparable elements. Repetitions, implicit requirements and redundant parts should be avoided.

(13)
For the sake of legal certainty, deadlines concerning the opposition procedure should be fixed and criteria for the identification of the starting dates of those deadlines should be established.

(14)
For the sake of transparency, the information concerning applications for amendment and requests for cancellation to be published in accordance with Article 50(2) of Regulation (EU) No 1151/2012 should be exhaustive.

(15)
For streamlining and simplification purposes, the electronic form should be the only means of communication admitted for the transmission of applications, information and documents.

(16)
Rules on the use of symbols and indications on the products marketed under protected designations of origin, protected geographical indications or traditional specialities guaranteed should be set out, including on the appropriate linguistic versions to be used.

(17)
The rules on the use of registered names in association with the symbols, indications or corresponding abbreviations, as referred to in Article 12(3) and (6) and Article 23(3) of Regulation (EU) No 1151/2012, should be clarified.

(18)
In order to ensure uniform protection of indications, abbreviations and symbols and to raise public awareness about the quality schemes of the Union, rules on the use of indications, abbreviations and symbols in media or advertising supports in connection with products produced in conformity with the respective quality scheme should be established.

(19)
Rules on the content and the form of the Register of protected designations of origin, protected geographical indications and traditional specialities guaranteed should be adopted to ensure transparency and legal certainty.

(20)
The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

(a)
the supplier, quantity and origin of all batches of raw material and/or products received;

(b)
the recipient, quantity and destination of products supplied;

(c)
the correlation between each batch of inputs referred to in point (a) and each batch of outputs referred to in point (b).

(a)
the registered name (or names) of the product;

(b)
the class of the product as referred to in Annex XI to this Regulation;

(c)
reference to the instrument registering the name;

(d)
information that the name is protected as a geographical indication or as a designation of origin;

(e)
indication of the country or countries of origin.

(a)
the registered name (or names) of the product;

(b)
the class of the product as referred to in Annex XI to this Regulation;

(c)
reference to the instrument registering the name;

(d)
indication of the country or countries of the group or groups that made the application;

(e)
information whether the decision on registration provides that the name of the traditional speciality guaranteed is to be accompanied by the claim as referred to in Article 18(3) of Regulation (EU) No 1151/2012;

(f)
only for applications received before the entry into force of Regulation (EU) No 1151/2012, information whether the registration is without reservation of the name.

[Select one, ‘X’:]
☐PDO
☐
PDO
☐PGI
☐
PGI

☐
PDO

☐
PGI

☐
PDO

☐
PGI

☐
results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff

☐
is produced from raw materials or ingredients that are those traditionally used.

☐
has been traditionally used to refer to the specific product

☐
identifies the traditional character or specific character of the product

[Select one, ‘X’:]
☐PDO
☐
PDO
☐PGI
☐
PGI
☐TSG
☐
TSG

☐
PDO

☐
PGI

☐
TSG

☐
PDO

☐
PGI

☐
TSG

Contact person:
Title (Mr, Ms…): …
Name: …

☐
Non-compliance with the conditions laid down in Article 5 and 7(1) of Regulation (EU) No 1151/2012

☐
Registration of the name would be contrary to Article 6(2) of Regulation (EU) No 1151/2012 (plant variety or animal breed)

☐
Registration of the name would be contrary to Article 6(3) of Regulation (EU) No 1151/2012 (name wholly or partially homonymous)

☐
Registration of the name would be contrary to Article 6(4) of Regulation (EU) No 1151/2012 (existing trade mark)

☐
Registration would jeopardize the existence of names, trade marks or products as specified in point (c) of Article 10(1) of Regulation (EU) No 1151/2012

☐
The name proposed for registration is generic; details to be provided as set down in point (d) of Article 10(1) of Regulation (EU) No 1151/2012

☐
Non-compliance with the conditions laid down in Article 18 of Regulation (EU) No 1151/2012

☐
Registration of the name would be incompatible with the terms of Regulation (EU) No 1151/2012 (point (a) of Article 21(1) of Regulation (EU) No 1151/2012).

☐
The name proposed for registration is lawful, renowned and economically significant for similar agricultural products or foodstuffs (point (b) of Article 21(1) of Regulation (EU) No 1151/2012).

[Select one, ‘X’:]
☐PDO
☐
PDO
☐PGI
☐
PGI
☐TSG
☐
TSG

☐
PDO

☐
PGI

☐
TSG

☐
PDO

☐
PGI

☐
TSG

… Yes(*1)
… No

… Yes(*2)
… No

[Select one, ‘X’:]
☐PDO
☐
PDO
☐PGI
☐
PGI

☐
PDO

☐
PGI

☐
PDO

☐
PGI

☐
Name of product

☐
Description of product

☐
Geographical area

☐
Proof of origin

☐
Method of production

☐
Link

☐
Labelling

☐
Other [to be specified]

☐
Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

☐
Amendment to product specification of registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

☐
Name of product

☐
Description of product

☐
Method of production

☐
Other [to be specified]

☐
Amendment to product specification of registered TSG not to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

[Select one, ‘X’:]
☐PDO
☐
PDO
☐PGI
☐
PGI
☐TSG
☐
TSG

☐
PDO

☐
PGI

☐
TSG

☐
PDO

☐
PGI

☐
TSG

☐
Description of product

☐
Proof of origin

☐
Method of production

☐
Link

☐
Labelling

☐
Other [to be specified]

☐
Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires no amendment to the published single document

☐
Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires an amendment to the published single document

☐
Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, for which a single document (or equivalent) has not been published.

☐
Amendment to product specification of registered TSG to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

a)
in case of applications submitted by Member States insert the reference to publication of the updated product specification;

b)
in case of applications from third countries, insert the updated product specification.]

[Select one, ‘X’:]
☐PDO
☐
PDO
☐PGI
☐
PGI
☐TSG
☐
TSG

☐
PDO

☐
PGI

☐
TSG

☐
PDO

☐
PGI

☐
TSG

[Select one, ‘X’:]
☐PGI
☐
PGI
☐PDO
☐
PDO
☐TSG
☐
TSG

☐
PGI

☐
PDO

☐
TSG

☐
PGI

☐
PDO

☐
TSG

☐
In accordance with the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012

☐
point (a)[Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with point (a) of first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.]

☐
point (b)[Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with point (b) of first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.]

☐
In accordance with the second subparagraph of Article 54(1) of Regulation (EU) No 1151/2012[Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with the second subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.]

—
Class 1.1. Fresh meat (and offal)

—
Class 1.2. Meat products (cooked, salted, smoked, etc.)

—
Class 1.3. Cheeses

—
Class 1.4. Other products of animal origin (eggs, honey, various dairy products except butter, etc.)

—
Class 1.5. Oils and fats (butter, margarine, oil, etc.)

—
Class 1.6. Fruit, vegetables and cereals fresh or processed

—
Class 1.7. Fresh fish, molluscs, and crustaceans and products derived therefrom

—
Class 1.8. other products listed in Annex I to the Treaty (spices etc.)

—
Class 2.1. beer,

—
Class 2.2. chocolate and derived products,

—
Class 2.3. bread, pastry, cakes, confectionery, biscuits and other baker's wares

—
Class 2.4. beverages made from plant extracts,

—
Class 2.5. pasta,

—
Class 2.6. salt,

—
Class 2.7. natural gums and resins,

—
Class 2.8. mustard paste,

—
Class 2.9. hay,

—
Class 2.10. essential oils,

—
Class 2.11. cork,

—
Class 2.12. cochineal,

—
Class 2.13. flowers and ornamental plants,

—
Class 2.14. cotton,

—
Class 2.15. wool,

—
Class 2.16. wicker,

—
Class 2.17. scutched flax,

—
Class 2.18. leather,

—
Class 2.19. fur,

—
Class 2.20. feather.

—
Class 2.21. prepared meals,

—
Class 2.22. beer,

—
Class 2.23. chocolate and derived products,

—
Class 2.24. bread, pastry, cakes, confectionery, biscuits and other baker's wares,

—
Class 2.25. beverages made from plant extracts,

—
Class 2.26. pasta,

—
Class 2.27. salt.

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs(1), and in particular the second subparagraph of Article 7(2), Article 11(3), the second subparagraph of Article 12(7), the second subparagraph of Article 19(2), Article 22(2), the second subparagraph of Article 23(4), Article 44(3), the second subparagraph of Article 49(7), the second subparagraph of Article 51(6), the second subparagraph of Article 53(3) and the second subparagraph of Article 54(2) thereof,

(1) Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2)and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules should be adopted by means of such acts. The new rules should replace the implementing rules of Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4)and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5). Those Regulations are repealed by Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules(6).

(2) Specific rules concerning the use of linguistic characters for a protected designation of origin, a protected geographical indication and a traditional speciality guaranteed and the translations of the claim accompanying a traditional speciality guaranteed should be laid down in order to ensure that operators and consumers in all Member States are able to read and understand such names and claims.

(3) The geographical area of protected designations of origin and protected geographical indications should be defined in the product specification in a detailed, precise way that presents no ambiguities in order to allow producers, competent authorities and control bodies to operate on certain and reliable bases.

(4) An obligation to include detailed rules on the origin and quality of feed in the product specifications of products of animal origin the names of which are registered as protected designations of origin should be established in order to guarantee uniform quality of the product and to harmonise the way of drafting those rules.

(5) The product specification for protected designations of origin and protected geographical indications should include the measures taken to ensure that the product originates in the defined geographical area, as referred to in point (d) of Article 7(1) of Regulation (EU) No 1151/2012. Those measures should be clear and detailed in order to allow to trace the product, raw materials, feed and other items coming from the defined geographical area.

(6) As regards applications for registration of a name or approval of an amendment covering distinct products it is necessary to define in which cases products bearing the same registered name are considered distinct products. In order to avoid that products not complying with the requirements for designations of origin and geographical indications referred to in Article 5(1) and (2) of Regulation (EU) No 1151/2012 are marketed using a registered name, compliance with the requirements for registration should be demonstrated for each distinct product covered by an application.

(7) Packaging of an agricultural product or a foodstuff or operations concerning its presentation, such as slicing or grating, restricted to a defined geographical area, constitute a restriction on free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice of the European Union, such restrictions can only be imposed if they are necessary, proportionate and capable of upholding the reputation of the geographical indication or the designation of origin. As referred to in point (e) of Article 7(1) of Regulation (EU) No 1151/2012, product specific justifications for such restrictions shall be provided.

(8) For the smooth functioning of the system, procedures for applications, oppositions, amendments and cancellations should be specified.

(9) To ensure uniform and efficient procedures, forms concerning applications, oppositions, amendments, cancellations as well as forms concerning the publication of single documents for names that were registered prior to 31 March 2006 should be provided.

(10) For the sake of legal certainty, the criteria for the identification of the date of submission of an application for registration and of submission of an amendment application should be clearly specified.

(11) A limit to the length of single documents should be set out in order to have a more streamlined process and for standardisation needs.

(12) Specific rules on the description of the product and the production method should be adopted for standardisation needs. In order to allow easy and quick examination of applications for registration of a name or approval of an amendment, the description of the product and of the production method should contain only relevant and comparable elements. Repetitions, implicit requirements and redundant parts should be avoided.

(13) For the sake of legal certainty, deadlines concerning the opposition procedure should be fixed and criteria for the identification of the starting dates of those deadlines should be established.

(14) For the sake of transparency, the information concerning applications for amendment and requests for cancellation to be published in accordance with Article 50(2) of Regulation (EU) No 1151/2012 should be exhaustive.

(15) For streamlining and simplification purposes, the electronic form should be the only means of communication admitted for the transmission of applications, information and documents.

(16) Rules on the use of symbols and indications on the products marketed under protected designations of origin, protected geographical indications or traditional specialities guaranteed should be set out, including on the appropriate linguistic versions to be used.

(17) The rules on the use of registered names in association with the symbols, indications or corresponding abbreviations, as referred to in Article 12(3) and (6) and Article 23(3) of Regulation (EU) No 1151/2012, should be clarified.

(18) In order to ensure uniform protection of indications, abbreviations and symbols and to raise public awareness about the quality schemes of the Union, rules on the use of indications, abbreviations and symbols in media or advertising supports in connection with products produced in conformity with the respective quality scheme should be established.

(19) Rules on the content and the form of the Register of protected designations of origin, protected geographical indications and traditional specialities guaranteed should be adopted to ensure transparency and legal certainty.

(20) The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

HAS ADOPTED THIS REGULATION:
Specific rules for a name

Article 1

1.   The name of a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed shall be registered in its original script. Where the original script is not in Latin characters, a transcription in Latin characters shall be registered together with the name in its original script.

2.   Where the name of a traditional speciality guaranteed is accompanied by the claim referred to in Article 18(3) of Regulation (EU) No 1151/2012 and that claim is to be translated in the other official languages, such translations shall be included in the product specification.
Definition of the geographical area

Article 2

As regards protected designations of origin and protected geographical indications, the geographical area shall be defined in a precise way that presents no ambiguities, referring as far as possible to physical or administrative boundaries.
Specific rules on feed

Article 3

The product specification of a product of animal origin the name of which is registered as a protected designation of origin shall contain detailed rules on the origin and the quality of feed.
Proof of origin

Article 4

1.   The product specification for a protected designation of origin or a protected geographical indication shall identify the procedures which operators must have in place as regards the proof of origin concerning the product, raw materials, feed and other items that, according to the product specification, are required to come from the defined geographical area.

2.   Operators shall be able to identify:

(a)

the supplier, quantity and origin of all batches of raw material and/or products received;

(b)

the recipient, quantity and destination of products supplied;

(c)

the correlation between each batch of inputs referred to in point (a) and each batch of outputs referred to in point (b).
Description of several distinct products

Article 5

Where the application for registration of a name or approval of an amendment describes several distinct products which are entitled to use that name, compliance with the requirements for registration shall be shown separately for each such product.

For the purposes of this Article, ‘distinct products’ mean products that, although using the same registered name, are differentiated when placed on the market or considered as different products by consumers.
Procedural requirements for applications for registration

Article 6

1.   The single document of a protected designation of origin or a protected geographical indication referred to in point (c) of Article 8(1) of Regulation (EU) No 1151/2012 shall include the information requested in Annex I to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex. It shall be concise and not exceed 2 500 words, except in duly justified cases.

The reference to the publication of the product specification included in the single document shall lead to the version of the product specification as proposed.

2.   The product specification of a traditional speciality guaranteed referred to in Article 19 of Regulation (EU) No 1151/2012 shall include the information requested in Annex II to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex.

3.   The date of submission of an application shall be the date on which the application is delivered to the Commission by electronic means. A delivery receipt shall be sent by the Commission.
Specific rules for the description of the product and the production method

Article 7

1.   The single document for an application for registration of a protected designation of origin or a protected geographical indication referred to in point (c) of Article 8(1) of Regulation (EU) No 1151/2012 shall identify the product by using definitions and standards commonly used for that product.

The description shall focus on the specificity of the product bearing the name to be registered, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type and related mandatory legal requirements applicable to all products of that type.

2.   The description of the product for a traditional speciality guaranteed referred to in point (b) of Article 19(1) of Regulation (EU) No 1151/2012 shall only mention the characteristics necessary to identify the product and its specific characteristics. It shall not repeat general obligations and, in particular, technical characteristics inherent to all products of that type and related mandatory legal requirements.

The description of the production method referred to in point (c) of Article 19(1) of Regulation (EU) No 1151/2012 shall only include the production method in force. Historical practices are only to be included if they are still followed. Only the method necessary for obtaining the specific product shall be described and in a way that enables reproduction of the product anywhere.

The key elements proving the product’s traditional character shall include the main elements that have remained unchanged, with precise and well established references.
Joint applications

Article 8

A joint application as referred to in Article 49(1) of Regulation (EU) No 1151/2012 shall be submitted to the Commission by a Member State concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 8(2) or point (b) of Article 20(2) of Regulation (EU) No 1151/2012 from all the Member States concerned. Requirements laid down in Articles 8 and 20 of Regulation (EU) No 1151/2012 shall be fulfilled in all Member States and third countries concerned.
Procedural rules for oppositions

Article 9

1.   For the purposes of Article 51(2) of Regulation (EU) No 1151/2012 a reasoned statement of opposition shall be drawn up in accordance with the form set out in Annex III to this Regulation.

2.   The period of three months referred to in the first subparagraph of Article 51(3) of Regulation (EU) No 1151/2012 shall start on the date on which the invitation to the interested parties to reach agreement among them is delivered by electronic means.

3.   The notification referred to in Article 5 of Delegated Regulation (EU) No 664/2014 and the communication of the information to be provided to the Commission pursuant to the second subparagraph of Article 51(3) of Regulation (EU) No 1151/2012 shall be made within one month from the end of the consultations in accordance with the form set out in Annex IV to this Regulation.
Procedural requirements for amendments to a product specification

Article 10

1.   Applications for approval of an amendment to the product specification for protected designations of origin and protected geographical indications which is not minor shall be drawn up in accordance with the form set out in Annex V. Those applications shall be completed in accordance with the requirements laid down in Article 8 of Regulation (EU) No 1151/2012. The amended single document shall be drawn up in accordance with the form set out in Annex I to this Regulation. The reference to the publication of the product specification in the amended single document shall lead to the updated version of the product specification proposed.

Applications for approval of an amendment to the product specification for traditional specialities guaranteed which is not minor shall be drawn up in accordance with the form set out in Annex VI to this Regulation. Those applications shall be completed in accordance with the requirements laid down in Article 20 of Regulation (EU) No 1151/2012. The amended product specification shall be drawn up in accordance with the form set out in Annex II to this Regulation.

The information to be published in accordance with Article 50(2) of Regulation (EU) No 1151/2012 shall contain the duly completed application as referred to in the first and second subparagraphs of this paragraph.

2.   Applications for approval of a minor amendment referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be drawn up in accordance with the form set out in Annex VII to this Regulation.

Applications for approval of a minor amendment concerning protected designations of origin or protected geographical indications shall be accompanied by the updated single document, if amended, which shall be drawn up in accordance with the form set out in Annex I. The reference to the publication of the product specification in the amended single document shall lead to the updated version of the product specification proposed.

For applications originating in the Union, Member States shall include a declaration that they consider that the application meets the conditions of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto and the publication reference of the updated product specification. For applications originating in third countries, the group concerned or the third country’s authorities shall enclose the updated product specification. Applications for a minor amendment in cases referred to in the fifth subparagraph of Article 6(2) of Delegated Regulation (EU) No 664/2014 shall include the reference to the publication of the updated product specification, for applications originating in Member States, and the updated product specification, for applications originating in third countries.

Applications for approval of a minor amendment concerning traditional specialities guaranteed shall be accompanied by the updated product specification drawn up in accordance with the form set out in Annex II. Member States shall include a declaration that they consider that the application meets the conditions of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto.

The information to be published in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall contain the duly completed application as referred to in the first subparagraph of this paragraph.

3.   The communication to the Commission of a temporary amendment referred to in the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014 shall be drawn up in accordance with the form set out in Annex VIII to this Regulation. It shall be accompanied by the documents as provided for in the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014.

4.   The date of submission of an amendment application shall be the date on which the application is delivered to the Commission by electronic means. A delivery receipt shall be sent by the Commission.
Cancellation

Article 11

1.   A request for cancellation of a registration pursuant to Article 54(1) of Regulation (EU) No 1151/2012 shall be drawn up in accordance with the form set out in Annex IX to this Regulation.

Requests for cancellation shall be accompanied by the declaration referred to in point (c) of Article 8(2) or point (b) of Article 20(2) of Regulation (EU) No 1151/2012.

2.   The information to be published pursuant to Article 50(2) of Regulation (EU) No 1151/2012 shall contain the duly completed request for a cancellation as referred to in the first subparagraph of paragraph 1 of this Article.
Means of submission

Article 12

Applications, information and documents submitted to the Commission pursuant to Articles 6, 8, 9, 10, 11, and 15 shall be in electronic form.
The use of symbols and indications

Article 13

1.   The Union symbols as referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 and established by Article 2 of Delegated Regulation (EU) No 664/2014 shall be reproduced as laid down in Annex X to this Regulation.

2.   The indications ‘PROTECTED DESIGNATION OF ORIGIN’, ‘PROTECTED GEOGRAPHICAL INDICATION’ and ‘TRADITIONAL SPECIALITY GUARANTEED’ within the symbol may be used in any of the official languages of the Union as laid down in Annex X to this Regulation.

3.   Where the Union symbols, indications or corresponding abbreviations as referred to in Articles 12 and 23 of Regulation (EU) No 1151/2012 appear on the labelling of a product, they shall be accompanied by the registered name.

4.   Indications, abbreviations and symbols may be used in accordance with Article 44(1) of Regulation (EU) No 1151/2012 in media or in advertising supports for the purpose of divulgation of the quality scheme or of advertisement of the registered names.

5.   Products placed on the market before the entry into force of this Regulation which do not comply with paragraphs 1 and 2 may remain on the market until the stocks are exhausted.
Register of protected designations of origin and protected geographical indications and Register of traditional specialities guaranteed

Article 14

1.   Upon the entry into force of a legal instrument registering a protected designation of origin or a protected geographical indication the Commission shall record the following data in the Register of protected designations of origin and protected geographical indications referred to in Article 11(1) of Regulation (EU) No 1151/2012:

(a)

the registered name (or names) of the product;

(b)

the class of the product as referred to in Annex XI to this Regulation;

(c)

reference to the instrument registering the name;

(d)

information that the name is protected as a geographical indication or as a designation of origin;

(e)

indication of the country or countries of origin.

2.   Upon the entry into force of a legal instrument registering a traditional speciality guaranteed, the Commission shall record the following data in the Register of traditional specialities guaranteed referred to in Article 22(1) of Regulation (EU) No 1151/2012:

(a)

the registered name (or names) of the product;

(b)

the class of the product as referred to in Annex XI to this Regulation;

(c)

reference to the instrument registering the name;

(d)

indication of the country or countries of the group or groups that made the application;

(e)

information whether the decision on registration provides that the name of the traditional speciality guaranteed is to be accompanied by the claim as referred to in Article 18(3) of Regulation (EU) No 1151/2012;

(f)

only for applications received before the entry into force of Regulation (EU) No 1151/2012, information whether the registration is without reservation of the name.

3.   Where the Commission approves an amendment to the product specification that includes a change to the information recorded in the Registers, it shall delete the original data and record the new data with effect from the entry into force of the decision approving the amendment.

4.   When a cancellation takes effect, the Commission shall delete the name from the Register concerned.
Transitional rules

Article 15

A request for publication of the single document submitted by a Member State pursuant to Article 8(1) of Delegated Regulation (EU) No 664/2014 in respect of a protected designation of origin or a protected geographical indication registered prior to 31 March 2006 shall be drawn up in accordance with the form set out in Annex I to this Regulation.
Entry into force and application

Article 16

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

Article 9(1) shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not started on the date of entry into force of this Regulation.

Article 9(3) shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.

The first sentence of point 2 of Annex X shall apply from 1 January 2016, without prejudice to products already placed on the market before that date.
THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs(1), and in particular the second subparagraph of Article 7(2), Article 11(3), the second subparagraph of Article 12(7), the second subparagraph of Article 19(2), Article 22(2), the second subparagraph of Article 23(4), Article 44(3), the second subparagraph of Article 49(7), the second subparagraph of Article 51(6), the second subparagraph of Article 53(3) and the second subparagraph of Article 54(2) thereof,

(1) Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2)and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules should be adopted by means of such acts. The new rules should replace the implementing rules of Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4)and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5). Those Regulations are repealed by Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules(6).

(2) Specific rules concerning the use of linguistic characters for a protected designation of origin, a protected geographical indication and a traditional speciality guaranteed and the translations of the claim accompanying a traditional speciality guaranteed should be laid down in order to ensure that operators and consumers in all Member States are able to read and understand such names and claims.

(3) The geographical area of protected designations of origin and protected geographical indications should be defined in the product specification in a detailed, precise way that presents no ambiguities in order to allow producers, competent authorities and control bodies to operate on certain and reliable bases.

(4) An obligation to include detailed rules on the origin and quality of feed in the product specifications of products of animal origin the names of which are registered as protected designations of origin should be established in order to guarantee uniform quality of the product and to harmonise the way of drafting those rules.

(5) The product specification for protected designations of origin and protected geographical indications should include the measures taken to ensure that the product originates in the defined geographical area, as referred to in point (d) of Article 7(1) of Regulation (EU) No 1151/2012. Those measures should be clear and detailed in order to allow to trace the product, raw materials, feed and other items coming from the defined geographical area.

(6) As regards applications for registration of a name or approval of an amendment covering distinct products it is necessary to define in which cases products bearing the same registered name are considered distinct products. In order to avoid that products not complying with the requirements for designations of origin and geographical indications referred to in Article 5(1) and (2) of Regulation (EU) No 1151/2012 are marketed using a registered name, compliance with the requirements for registration should be demonstrated for each distinct product covered by an application.

(7) Packaging of an agricultural product or a foodstuff or operations concerning its presentation, such as slicing or grating, restricted to a defined geographical area, constitute a restriction on free movement of goods and freedom to provide services. In the light of the case-law of the Court of Justice of the European Union, such restrictions can only be imposed if they are necessary, proportionate and capable of upholding the reputation of the geographical indication or the designation of origin. As referred to in point (e) of Article 7(1) of Regulation (EU) No 1151/2012, product specific justifications for such restrictions shall be provided.

(8) For the smooth functioning of the system, procedures for applications, oppositions, amendments and cancellations should be specified.

(9) To ensure uniform and efficient procedures, forms concerning applications, oppositions, amendments, cancellations as well as forms concerning the publication of single documents for names that were registered prior to 31 March 2006 should be provided.

(10) For the sake of legal certainty, the criteria for the identification of the date of submission of an application for registration and of submission of an amendment application should be clearly specified.

(11) A limit to the length of single documents should be set out in order to have a more streamlined process and for standardisation needs.

(12) Specific rules on the description of the product and the production method should be adopted for standardisation needs. In order to allow easy and quick examination of applications for registration of a name or approval of an amendment, the description of the product and of the production method should contain only relevant and comparable elements. Repetitions, implicit requirements and redundant parts should be avoided.

(13) For the sake of legal certainty, deadlines concerning the opposition procedure should be fixed and criteria for the identification of the starting dates of those deadlines should be established.

(14) For the sake of transparency, the information concerning applications for amendment and requests for cancellation to be published in accordance with Article 50(2) of Regulation (EU) No 1151/2012 should be exhaustive.

(15) For streamlining and simplification purposes, the electronic form should be the only means of communication admitted for the transmission of applications, information and documents.

(16) Rules on the use of symbols and indications on the products marketed under protected designations of origin, protected geographical indications or traditional specialities guaranteed should be set out, including on the appropriate linguistic versions to be used.

(17) The rules on the use of registered names in association with the symbols, indications or corresponding abbreviations, as referred to in Article 12(3) and (6) and Article 23(3) of Regulation (EU) No 1151/2012, should be clarified.

(18) In order to ensure uniform protection of indications, abbreviations and symbols and to raise public awareness about the quality schemes of the Union, rules on the use of indications, abbreviations and symbols in media or advertising supports in connection with products produced in conformity with the respective quality scheme should be established.

(19) Rules on the content and the form of the Register of protected designations of origin, protected geographical indications and traditional specialities guaranteed should be adopted to ensure transparency and legal certainty.

(20) The measures provided for in this Regulation are in accordance with the opinion of the Agricultural Product Quality Policy Committee,

HAS ADOPTED THIS REGULATION:
Specific rules for a name1.   The name of a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed shall be registered in its original script. Where the original script is not in Latin characters, a transcription in Latin characters shall be registered together with the name in its original script.

2.   Where the name of a traditional speciality guaranteed is accompanied by the claim referred to in Article 18(3) of Regulation (EU) No 1151/2012 and that claim is to be translated in the other official languages, such translations shall be included in the product specification.
Definition of the geographical areaAs regards protected designations of origin and protected geographical indications, the geographical area shall be defined in a precise way that presents no ambiguities, referring as far as possible to physical or administrative boundaries.
Specific rules on feedThe product specification of a product of animal origin the name of which is registered as a protected designation of origin shall contain detailed rules on the origin and the quality of feed.
Proof of origin1.   The product specification for a protected designation of origin or a protected geographical indication shall identify the procedures which operators must have in place as regards the proof of origin concerning the product, raw materials, feed and other items that, according to the product specification, are required to come from the defined geographical area.

2.   Operators shall be able to identify:

(a)

the supplier, quantity and origin of all batches of raw material and/or products received;

(b)

the recipient, quantity and destination of products supplied;

(c)

the correlation between each batch of inputs referred to in point (a) and each batch of outputs referred to in point (b).
Description of several distinct productsWhere the application for registration of a name or approval of an amendment describes several distinct products which are entitled to use that name, compliance with the requirements for registration shall be shown separately for each such product.

For the purposes of this Article, ‘distinct products’ mean products that, although using the same registered name, are differentiated when placed on the market or considered as different products by consumers.
Procedural requirements for applications for registration1.   The single document of a protected designation of origin or a protected geographical indication referred to in point (c) of Article 8(1) of Regulation (EU) No 1151/2012 shall include the information requested in Annex I to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex. It shall be concise and not exceed 2 500 words, except in duly justified cases.

The reference to the publication of the product specification included in the single document shall lead to the version of the product specification as proposed.

2.   The product specification of a traditional speciality guaranteed referred to in Article 19 of Regulation (EU) No 1151/2012 shall include the information requested in Annex II to this Regulation. It shall be drawn up in accordance with the form provided for in that Annex.

3.   The date of submission of an application shall be the date on which the application is delivered to the Commission by electronic means. A delivery receipt shall be sent by the Commission.
Specific rules for the description of the product and the production method1.   The single document for an application for registration of a protected designation of origin or a protected geographical indication referred to in point (c) of Article 8(1) of Regulation (EU) No 1151/2012 shall identify the product by using definitions and standards commonly used for that product.

The description shall focus on the specificity of the product bearing the name to be registered, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type and related mandatory legal requirements applicable to all products of that type.

2.   The description of the product for a traditional speciality guaranteed referred to in point (b) of Article 19(1) of Regulation (EU) No 1151/2012 shall only mention the characteristics necessary to identify the product and its specific characteristics. It shall not repeat general obligations and, in particular, technical characteristics inherent to all products of that type and related mandatory legal requirements.

The description of the production method referred to in point (c) of Article 19(1) of Regulation (EU) No 1151/2012 shall only include the production method in force. Historical practices are only to be included if they are still followed. Only the method necessary for obtaining the specific product shall be described and in a way that enables reproduction of the product anywhere.

The key elements proving the product’s traditional character shall include the main elements that have remained unchanged, with precise and well established references.
Joint applicationsA joint application as referred to in Article 49(1) of Regulation (EU) No 1151/2012 shall be submitted to the Commission by a Member State concerned, or by an applicant group in a third country concerned, directly or through the authorities of that third country. It shall include the declaration referred to in point (c) of Article 8(2) or point (b) of Article 20(2) of Regulation (EU) No 1151/2012 from all the Member States concerned. Requirements laid down in Articles 8 and 20 of Regulation (EU) No 1151/2012 shall be fulfilled in all Member States and third countries concerned.
Procedural rules for oppositions1.   For the purposes of Article 51(2) of Regulation (EU) No 1151/2012 a reasoned statement of opposition shall be drawn up in accordance with the form set out in Annex III to this Regulation.

2.   The period of three months referred to in the first subparagraph of Article 51(3) of Regulation (EU) No 1151/2012 shall start on the date on which the invitation to the interested parties to reach agreement among them is delivered by electronic means.

3.   The notification referred to in Article 5 of Delegated Regulation (EU) No 664/2014 and the communication of the information to be provided to the Commission pursuant to the second subparagraph of Article 51(3) of Regulation (EU) No 1151/2012 shall be made within one month from the end of the consultations in accordance with the form set out in Annex IV to this Regulation.
Procedural requirements for amendments to a product specification1.   Applications for approval of an amendment to the product specification for protected designations of origin and protected geographical indications which is not minor shall be drawn up in accordance with the form set out in Annex V. Those applications shall be completed in accordance with the requirements laid down in Article 8 of Regulation (EU) No 1151/2012. The amended single document shall be drawn up in accordance with the form set out in Annex I to this Regulation. The reference to the publication of the product specification in the amended single document shall lead to the updated version of the product specification proposed.

Applications for approval of an amendment to the product specification for traditional specialities guaranteed which is not minor shall be drawn up in accordance with the form set out in Annex VI to this Regulation. Those applications shall be completed in accordance with the requirements laid down in Article 20 of Regulation (EU) No 1151/2012. The amended product specification shall be drawn up in accordance with the form set out in Annex II to this Regulation.

The information to be published in accordance with Article 50(2) of Regulation (EU) No 1151/2012 shall contain the duly completed application as referred to in the first and second subparagraphs of this paragraph.

2.   Applications for approval of a minor amendment referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be drawn up in accordance with the form set out in Annex VII to this Regulation.

Applications for approval of a minor amendment concerning protected designations of origin or protected geographical indications shall be accompanied by the updated single document, if amended, which shall be drawn up in accordance with the form set out in Annex I. The reference to the publication of the product specification in the amended single document shall lead to the updated version of the product specification proposed.

For applications originating in the Union, Member States shall include a declaration that they consider that the application meets the conditions of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto and the publication reference of the updated product specification. For applications originating in third countries, the group concerned or the third country’s authorities shall enclose the updated product specification. Applications for a minor amendment in cases referred to in the fifth subparagraph of Article 6(2) of Delegated Regulation (EU) No 664/2014 shall include the reference to the publication of the updated product specification, for applications originating in Member States, and the updated product specification, for applications originating in third countries.

Applications for approval of a minor amendment concerning traditional specialities guaranteed shall be accompanied by the updated product specification drawn up in accordance with the form set out in Annex II. Member States shall include a declaration that they consider that the application meets the conditions of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto.

The information to be published in accordance with the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall contain the duly completed application as referred to in the first subparagraph of this paragraph.

3.   The communication to the Commission of a temporary amendment referred to in the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014 shall be drawn up in accordance with the form set out in Annex VIII to this Regulation. It shall be accompanied by the documents as provided for in the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014.

4.   The date of submission of an amendment application shall be the date on which the application is delivered to the Commission by electronic means. A delivery receipt shall be sent by the Commission.
Cancellation1.   A request for cancellation of a registration pursuant to Article 54(1) of Regulation (EU) No 1151/2012 shall be drawn up in accordance with the form set out in Annex IX to this Regulation.

Requests for cancellation shall be accompanied by the declaration referred to in point (c) of Article 8(2) or point (b) of Article 20(2) of Regulation (EU) No 1151/2012.

2.   The information to be published pursuant to Article 50(2) of Regulation (EU) No 1151/2012 shall contain the duly completed request for a cancellation as referred to in the first subparagraph of paragraph 1 of this Article.
Means of submissionApplications, information and documents submitted to the Commission pursuant to Articles 6, 8, 9, 10, 11, and 15 shall be in electronic form.
The use of symbols and indications1.   The Union symbols as referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 and established by Article 2 of Delegated Regulation (EU) No 664/2014 shall be reproduced as laid down in Annex X to this Regulation.

2.   The indications ‘PROTECTED DESIGNATION OF ORIGIN’, ‘PROTECTED GEOGRAPHICAL INDICATION’ and ‘TRADITIONAL SPECIALITY GUARANTEED’ within the symbol may be used in any of the official languages of the Union as laid down in Annex X to this Regulation.

3.   Where the Union symbols, indications or corresponding abbreviations as referred to in Articles 12 and 23 of Regulation (EU) No 1151/2012 appear on the labelling of a product, they shall be accompanied by the registered name.

4.   Indications, abbreviations and symbols may be used in accordance with Article 44(1) of Regulation (EU) No 1151/2012 in media or in advertising supports for the purpose of divulgation of the quality scheme or of advertisement of the registered names.

5.   Products placed on the market before the entry into force of this Regulation which do not comply with paragraphs 1 and 2 may remain on the market until the stocks are exhausted.
Register of protected designations of origin and protected geographical indications and Register of traditional specialities guaranteed1.   Upon the entry into force of a legal instrument registering a protected designation of origin or a protected geographical indication the Commission shall record the following data in the Register of protected designations of origin and protected geographical indications referred to in Article 11(1) of Regulation (EU) No 1151/2012:

(a)

the registered name (or names) of the product;

(b)

the class of the product as referred to in Annex XI to this Regulation;

(c)

reference to the instrument registering the name;

(d)

information that the name is protected as a geographical indication or as a designation of origin;

(e)

indication of the country or countries of origin.

2.   Upon the entry into force of a legal instrument registering a traditional speciality guaranteed, the Commission shall record the following data in the Register of traditional specialities guaranteed referred to in Article 22(1) of Regulation (EU) No 1151/2012:

(a)

the registered name (or names) of the product;

(b)

the class of the product as referred to in Annex XI to this Regulation;

(c)

reference to the instrument registering the name;

(d)

indication of the country or countries of the group or groups that made the application;

(e)

information whether the decision on registration provides that the name of the traditional speciality guaranteed is to be accompanied by the claim as referred to in Article 18(3) of Regulation (EU) No 1151/2012;

(f)

only for applications received before the entry into force of Regulation (EU) No 1151/2012, information whether the registration is without reservation of the name.

3.   Where the Commission approves an amendment to the product specification that includes a change to the information recorded in the Registers, it shall delete the original data and record the new data with effect from the entry into force of the decision approving the amendment.

4.   When a cancellation takes effect, the Commission shall delete the name from the Register concerned.
Transitional rulesA request for publication of the single document submitted by a Member State pursuant to Article 8(1) of Delegated Regulation (EU) No 664/2014 in respect of a protected designation of origin or a protected geographical indication registered prior to 31 March 2006 shall be drawn up in accordance with the form set out in Annex I to this Regulation.
Entry into force and applicationThis Regulation shall enter into force on the third day following that of its publication in theOfficial Journal of the European Union.

Article 9(1) shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not started on the date of entry into force of this Regulation.

Article 9(3) shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.

The first sentence of point 2 of Annex X shall apply from 1 January 2016, without prejudice to products already placed on the market before that date.
1.   Name(s) [of PDO or PGI]ANNEX ISINGLE DOCUMENT[Insert name, as in 1 below:] ‘…’

EU No: [for EU use only]
[Select one, ‘X’:] | ☐PDO | ☐ | PDO | ☐PGI | ☐ | PGI

☐ | PDO

☐ | PGI[Insert the name proposed for registration or, in the case of an application for approval of an amendment to a product specification or a request for publication pursuant to Article 15 of this Regulation, the registered name]

2.   Member State or Third Country

…

3.   Description of the agricultural product or foodstuff

3.1.   Type of product [listed in Annex XI]

…

3.2.   Description of the product to which the name in (1) applies

[Main points referred to in point (b) of Article 7(1) of Regulation (EU) No 1151/2012. To identify the product use definitions and standards commonly used for that product. In the description of the product, focus on its specificity, using measurement units and common or technical terms of comparison, without including technical characteristics inherent to all products of that type and related mandatory legal requirements applicable to all products of that type (Article 7(1) of this Regulation).]

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

[For PDO: give confirmation that feed and raw material are from the area. In case feed or raw material come from outside the area, provide a detailed description of those exceptions and state justifications. Those exceptions must be in line with the rules adopted pursuant to Article 5, paragraph 4, of Regulation (EU) No 1151/2012.

For PGI: State any quality requirements, or restrictions on origin of raw materials. State justifications for any such restrictions. Such restrictions must be in line with the rules adopted pursuant to Article 5, paragraph 4, of Regulation (EU) No 1151/2012 and must be justified in relation to the link referred to in point (f) of Article 7(1) of that Regulation.]

…

3.4.   Specific steps in production that must take place in the identified geographical area

[State justifications for any restrictions or derogations.]

…

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

[If none, leave blank. State product-specific justifications for any restrictions.]

…

3.6.   Specific rules concerning labelling of the product the registered name refers to

[If none, leave blank. State justifications for any restrictions.]

…

4.   Concise definition of the geographical area

[Where appropriate, insert a map of the area]

…

5.   Link with the geographical area

[For PDO: causal link between the quality or characteristics of the product and the geographical environment, with its inherent natural and human factors, including, where appropriate, elements of the product description or production method justifying the link.

For PGI: causal link between the geographical origin and, where appropriate, a given quality, the reputation or other characteristics of the product.

State explicitly on which ones of the given factors (reputation, given quality, other characteristic of the product) the causal link is based and give information only with respect to the relevant factors, including, where appropriate, elements of the product description or production method justifying the link.]
Reference to publication of the product specification

(the second subparagraph of Article 6(1) of this Regulation)…
1.   Name(s) to be registeredANNEX IIPRODUCT SPECIFICATION OF A TRADITIONAL SPECIALITY GUARANTEED[Insert name, as in 1. below:] ‘

         ’

EU No: [for EU use only]

Member State or Third Country ‘

         ’

…

2.   Type of product [as in Annex XI]

…

3.   Grounds for registration

3.1.   Whether the product:
☐ | results from a mode of production, processing or composition corresponding to traditional practice for that product or foodstuff

☐ | is produced from raw materials or ingredients that are those traditionally used.[Provide explanation]

3.2.   Whether the name:
☐ | has been traditionally used to refer to the specific product

☐ | identifies the traditional character or specific character of the product[Provide explanation]

4.   Description

4.1.   Description of the product to which the name under point 1 applies, including its main physical, chemical, microbiological or organoleptic characteristics showing the product’s specific character (Article 7(2) of this Regulation)

…

4.2.   Description of the production method of the product to which the name under point 1 applies that the producers must follow including, where appropriate, the nature and characteristics of the raw materials or ingredients used, and the method by which the product is prepared (Article 7(2) of this Regulation)

…

4.3.   Description of the key elements establishing the product’s traditional character (Article 7(2) of this Regulation)

…
1.   Name of productANNEX IIIREASONED STATEMENT OF OPPOSITION

[Select one, ‘X’:] | ☐PDO | ☐ | PDO | ☐PGI | ☐ | PGI | ☐TSG | ☐ | TSG

☐ | PDO

☐ | PGI

☐ | TSG[as given inOfficial Journal (OJ)publication]

…

2.   Official reference

[as given inOfficial Journal (OJ)publication]

Reference number:…

Date ofOJpublication:…

3.   Contact details
Contact person: | Title (Mr, Ms…): … | Name: …Group/organisation/individual:…

Or national authority:

Department:…

Address:…

Telephone+ …

e-mail address:…

4.   Reason for the opposition:

For PDO PGI:
☐ | Non-compliance with the conditions laid down in Article 5 and 7(1) of Regulation (EU) No 1151/2012

☐ | Registration of the name would be contrary to Article 6(2) of Regulation (EU) No 1151/2012 (plant variety or animal breed)

☐ | Registration of the name would be contrary to Article 6(3) of Regulation (EU) No 1151/2012 (name wholly or partially homonymous)

☐ | Registration of the name would be contrary to Article 6(4) of Regulation (EU) No 1151/2012 (existing trade mark)

☐ | Registration would jeopardize the existence of names, trade marks or products as specified in point (c) of Article 10(1) of Regulation (EU) No 1151/2012

☐ | The name proposed for registration is generic; details to be provided as set down in point (d) of Article 10(1) of Regulation (EU) No 1151/2012For TSG:
☐ | Non-compliance with the conditions laid down in Article 18 of Regulation (EU) No 1151/2012

☐ | Registration of the name would be incompatible with the terms of Regulation (EU) No 1151/2012 (point (a) of Article 21(1) of Regulation (EU) No 1151/2012).

☐ | The name proposed for registration is lawful, renowned and economically significant for similar agricultural products or foodstuffs (point (b) of Article 21(1) of Regulation (EU) No 1151/2012).5.   Detail of opposition

Provide duly substantiated reasons and justification for the opposition.

Provide also a statement explaining the legitimate interest of the opposition, unless the opposition is lodged by the national authorities, in which case no statement of legitimate interest is required. The statement of opposition should be signed and dated.
1.   Name of productANNEX IVNOTIFICATION OF END OF CONSULTATIONS FOLLOWING THE OPPOSITION PROCEDURE

[Select one, ‘X’:] | ☐PDO | ☐ | PDO | ☐PGI | ☐ | PGI | ☐TSG | ☐ | TSG

☐ | PDO

☐ | PGI

☐ | TSG[as given inOfficial Journal (OJ)publication]

2.   Official reference [as given in Official Journal (OJ) publication]

Reference number:

Date ofOJpublication:

3.   Result of consultations

3.1.   Agreement was reached with the following opponent(s):

[annex copies of letters showing agreement and all the factors that enabled the agreement (Article 5 of Delegated Regulation (EU) No 664/2014]

3.2.   Agreement was not reached with the following opponent(s):

[annex the information referred to in the last sentence of the second subparagraph of Article 51(3) of Regulation (EU) No 1151/2012]

4.   Product Specification and single document

4.1.   The product specification has been amended:
… Yes(*1) | … No4.2.   The single document has been amended (only for PDO and PGI):
… Yes(*2) | … No5.   Dated and signed

[Name]

[Department/Organisation]

[Address]

[Telephone: +]

[e-mail address:]
(*1)  If ‘Yes’, annex description of amendments and the amended product specification

(*2)  If ‘Yes’, annex copy of updated document
1.   Applicant group and legitimate interestANNEX VApplication for approval of an amendment to the product specification of Protected Designations of Origin/Protected Geographical Indications which is not minorApplication for approval of an amendment in accordance with the first subparagraph of Article 53(2), of Regulation (EU) No 1151/2012

[Registered name]‘…

EU No: [for EU use only]
[Select one, ‘X’:] | ☐PDO | ☐ | PDO | ☐PGI | ☐ | PGI

☐ | PDO

☐ | PGI[Provide name, address, telephone and e-mail address of the group proposing the amendment (for third countries applications provide also name and address of the authorities or, if available, bodies verifying compliance with the provision of the product specification). Provide also a statement explaining the legitimate interest of the applicant group]

2.   Member State or third country

…

3.   Heading in the product specification affected by the amendment(s) 

☐ | Name of product

☐ | Description of product

☐ | Geographical area

☐ | Proof of origin

☐ | Method of production

☐ | Link

☐ | Labelling

☐ | Other [to be specified]4.   Type of amendment(s) 

☐ | Amendment to product specification of a registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

☐ | Amendment to product specification of registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/20125.   Amendment(s) [For each heading checked in section 3 above, provide an exhaustive description and the specific reasons for each amendment. The original product specification and, where relevant, the original single document must be compared in detail with the proposed amended versions for each amendment. The amendment application must be self-sufficient. The information given in this section must be exhaustive (the first and the second subparagraph of Article 6(1) of Delegated Regulation (EU) No 664/2014].
1.   Applicant group and legitimate interestANNEX VIApplication for approval of an amendment to the product specification of Traditional Specialities Guaranteed which is not minorApplication for approval of an amendment in accordance with the first subparagraph of Article 53(2), of Regulation (EU) No 1151/2012

[Registered name] ‘

         ’

EU No: [for EU use only]

Name of the group

Address

Telephone: +

e-mail address:

Provide a statement explaining the legitimate interest of the group proposing the amendment.

2.   Member State or third country

…

3.   Heading in the product specification affected by the amendment(s) 

☐ | Name of product

☐ | Description of product

☐ | Method of production

☐ | Other [to be specified]4.   Type of amendment(s) 

☐ | Amendment to product specification of registered TSG not to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.5.   Amendment(s) [For each heading checked in section 3 above, provide an exhaustive description and the specific reasons for each amendment. The original product specification must be compared in detail with the proposed amended version for each amendment. The amendment application must be self-sufficient. The information given in this section must be exhaustive (the first and the second subparagraph of Article 6(1) of Delegated Regulation (EU) No 664/2014].
1.   Applicant group and legitimate interestANNEX VIIAPPLICATION FOR APPROVAL OF A MINOR AMENDMENTApplication for approval of a minor amendment in accordance with the second subparagraph of Article 53(2), of Regulation (EU) No 1151/2012

[Registered name]‘…

EU No: [for EU use only]
[Select one, ‘X’:] | ☐PDO | ☐ | PDO | ☐PGI | ☐ | PGI | ☐TSG | ☐ | TSG

☐ | PDO

☐ | PGI

☐ | TSG[Provide name, address, telephone and e-mail address of the group proposing the amendment (for applications concerning PDO and PGI from third countries provide also name and address of the authorities or, if available, bodies verifying compliance with the provision of the product specification). Provide also a statement explaining the legitimate interest of the applicant group]

2.   Member State or third country

…

3.   Heading in the product specification affected by the amendment(s) 

☐ | Description of product

☐ | Proof of origin

☐ | Method of production

☐ | Link

☐ | Labelling

☐ | Other [to be specified]4.   Type of amendment(s) 

☐ | Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires no amendment to the published single document

☐ | Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, that requires an amendment to the published single document

☐ | Amendment to product specification of registered PDO or PGI to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, for which a single document (or equivalent) has not been published.

☐ | Amendment to product specification of registered TSG to be qualified as minor in accordance with the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.5.   Amendment(s) [For each heading checked in section above, provide a description and the summary of reasons for each amendment. The original product specification and, where relevant, the original single document must be compared with the proposed amended versions for each amendment. Provide also a clear reasoning why in accordance with the third and/or the fourth subparagraph of Article 53(2) of Regulation (EU) No 1151/2012, the amendment is to be qualified as minor. The minor amendment application must be self-sufficient (the second subparagraph of Article 6(2) of Delegated Regulation (EU) No 664/2014].

6.   Updated Product Specification (only for PDO and PGI)

[Only in cases referred to in the fifth subparagraph of Article 6(2) of Delegated Regulation (EU) No 664/2014]:
a) | in case of applications submitted by Member States insert the reference to publication of the updated product specification;

b) | in case of applications from third countries, insert the updated product specification.]
1.   Member State or third countryANNEX VIIICOMMUNICATION OF TEMPORARY AMENDMENTCommunication concerning temporary amendment in accordance with the second subparagraph of Article 6(3) of Delegated Regulation (EU) No 664/2014.

[Registered name] ‘

         ’

EU No: [for EU use only]
[Select one, ‘X’:] | ☐PDO | ☐ | PDO | ☐PGI | ☐ | PGI | ☐TSG | ☐ | TSG

☐ | PDO

☐ | PGI

☐ | TSG…

2.   Amendment(s) [Indicate the heading in the product specification affected by the temporary amendment. Provide a detailed description and the reasons of each approved temporary amendment, including a description and an assessment of the consequences of that amendment on the requirements and criteria that qualify the product under the quality scheme (Article 5(1) and (2) and Article 18(1) and (2) of Regulation (EU) No 1151/2012 for PDO, PGI and TSG respectively). Provide also a detailed description of the measures justifying the temporary amendments (sanitary and phyto-sanitary measures, formal recognition of natural disasters or adverse weather conditions etc.) and the reasons for those measures to be taken. Describe also the relation between those measures and the approved temporary amendment.]
1.   Registered name proposed for cancellationANNEX IXCANCELLATION REQUESTCancellation request in accordance with Article 54(1) of Regulation (EU) No 1151/2012

[Registered name:] ‘…’

EU No: [for EU use only]
[Select one, ‘X’:] | ☐PGI | ☐ | PGI | ☐PDO | ☐ | PDO | ☐TSG | ☐ | TSG

☐ | PGI

☐ | PDO

☐ | TSG…

2.   Member State or Third Country

…

3.   Type of product [as in Annex XI]

…

4.   Person or body making request for cancellation

[Provide name, address, telephone and e-mail address of the natural or legal person or of the producers referred to in Article 54(1) of Regulation (EU) No 1151/2012 requesting cancellation (for requests concerning PDO and PGI from third countries provide also name and address of the authorities or, if available, bodies verifying compliance with the provision of the product specification). Provide also a statement explaining the legitimate interest of the natural or legal person requesting cancellation]

…

5.   Type of cancellation and related reasons
☐ | In accordance with the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012

☐ | point (a)[Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with point (a) of first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.]

☐ | point (b)[Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with point (b) of first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.]

☐ | In accordance with the second subparagraph of Article 54(1) of Regulation (EU) No 1151/2012[Provide the detailed reasons and, where appropriate, evidence for the cancellation of the registration of the name in accordance with the second subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.]
1.   Union symbols in colourANNEX XREPRODUCTION OF THE UNION SYMBOLS AND INDICATIONS FOR PDO PGI TSGWhen used in colours, direct colours (Pantone) or four-colour process may be used. The reference colours are indicated below.

Union symbols in pantone:

Pantone ©

Yellow 109

Pantone © 711

Pantone ©

Reflex Blue

Pantone ©

Yellow 109

Pantone ©

Reflex Blue

Pantone ©

Yellow 109

Union symbols in four-colour process:

100 % magenta

80 % yellow

10 % magenta

90 % yellow

100 % cyan

80 % magenta

10 % magenta

90 % yellow

100 % cyan

80 % magenta

10 % magenta

90 % yellow

Contrast with background colours

If a symbol is used in colour on a coloured background, which makes it difficult to see, a delimiting outer circle around the symbol should be used to improve contrast with the background:

2.   Union symbols in black and white

Use of the symbols in black and white is allowed only when black and white are the only ink colours used on the package.

When used in black and white Union symbols are reproduced as follows:

Union symbols in black and white in negative

If the background of the packaging or labelling is dark, the symbols may be used in negative format as follows:

3.   Typography

Times Roman capitals must be used for the text.

4.   Reduction

The minimum size of the Union symbols is 15 mm in diameter, however, it may be reduced to 10 mm in case of small packages or products.

5.   

                        ‘Protected Designation of Origin’ and its abbreviation in EU languages

EU Language | Term | Abbreviation |

BG | защитено наименование за произход | ЗНП |

ES | denominación de origen protegida | DOP |

CS | chráněné označení původu | CHOP |

DA | beskyttet oprindelsesbetegnelse | BOB |

DE | geschützte Ursprungsbezeichnung | g.U. |

ET | kaitstud päritolunimetus | KPN |

EL | προστατευόμενη ονομασία προέλευσης | ΠΟΠ |

EN | protected designation of origin | PDO |

FR | appellation d’origine protégée | AOP |

GA | bunús ainmníochta cosanta | BAC |

HR | zaštićena oznaka izvornosti | ZOI |

IT | denominazione d’origine protetta | DOP |

LV | aizsargāts cilmes vietas nosaukums | ACVN |

LT | saugoma kilmės vietos nuoroda | SKVN |

HU | oltalom alatt álló eredetmegjelölés | OEM |

MT | denominazzjoni protetta ta’ oriġini | DPO |

NL | beschermde oorsprongsbenaming | BOB |

PL | chroniona nazwa pochodzenia | CHNP |

PT | denominação de origem protegida | DOP |

RO | denumire de origine protejată | DOP |

SK | chránené označenie pôvodu | CHOP |

SL | zaščitena označba porekla | ZOP |

FI | suojattu alkuperänimitys | SAN |

SV | skyddad ursprungsbeteckning | SUB |

6.   

                        ‘Protected Geographical Indication’ and its abbreviation in EU languages

EU Language | Term | Abbreviation |

BG | защитено географско указание | ЗГУ |

ES | indicación geográfica protegida | IGP |

CS | chráněné zeměpisné označení | CHZO |

DA | beskyttet geografisk betegnelse | BGB |

DE | geschützte geografische Angabe | g.g.A. |

ET | kaitstud geograafiline tähis | KGT |

EL | προστατευόμενη γεωγραφική ένδειξη | ΠΓΕ |

EN | protected geographical indication | PGI |

FR | indication géographique protégée | IGP |

GA | sonra geografach cosanta | SGC |

HR | zaštićena oznaka zemljopisnog podrijetla | ZOZP |

IT | indicazione geografica protetta | IGP |

LV | aizsargāta ģeogrāfiskās izcelsmes norāde | AĢIN |

LT | saugoma geografinė nuoroda | SGN |

HU | oltalom alatt álló földrajzi jelzés | OFJ |

MT | indikazzjoni ġeografika protetta | IĠP |

NL | beschermde geografische aanduiding | BGA |

PL | chronione oznaczenie geograficzne | CHOG |

PT | indicação geográfica protegida | IGP |

RO | indicație geografică protejată | IGP |

SK | chránené zemepisné označenie | CHZO |

SL | zaščitena geografska označba | ZGO |

FI | suojattu maantieteellinen merkintä | SMM |

SV | skyddad geografisk beteckning | SGB |

7.   

                        ‘Traditional Speciality Guaranteed’ and its abbreviation in EU languages

EU language | Term | Abbreviation |

BG | храна с традиционно специфичен характер | ХТСХ |

ES | especialidad tradicional garantizada | ETG |

CS | zaručená tradiční specialita | ZTS |

DA | garanteret traditionel specialitet | GTS |

DE | garantiert traditionelle Spezialität | g.t.S. |

ET | garanteeritud traditsiooniline toode | GTT |

EL | εγγυημένο παραδοσιακό ιδιότυπο προϊόν | Ε Π Ι Π |

EN | traditional speciality guaranteed | TSG |

FR | spécialité traditionnelle garantie | STG |

GA | speisialtacht thraidisiúnta ráthaithe | STR |

HR | zajamčeno tradicionalni specijalitet | ZTS |

IT | specialità tradizionale garantita | STG |

LV | garantēta tradicionālā īpatnība | GTI |

LT | garantuotas tradicinis gaminys | GTG |

HU | hagyományos különleges termék | HKT |

MT | speċjalità tradizzjonali garantita | STG |

NL | gegarandeerde traditionele specialiteit | GTS |

PL | gwarantowana tradycyjna specjalność | GTS |

PT | especialidade tradicional garantida | ETG |

RO | specialitate tradițională garantată | STG |

SK | zaručená tradičná špecialita | ZTŠ |

SL | zajamčena tradicionalna posebnost | ZTP |

FI | aito perinteinen tuote | APT |

SV | garanterad traditionell specialitet | GTS |
1.   Agricultural products intended for the human consumption listed in Annex I to the TreatyANNEX XICLASSIFICATION OF PRODUCTS

— | Class 1.1. Fresh meat (and offal)

— | Class 1.2. Meat products (cooked, salted, smoked, etc.)

— | Class 1.3. Cheeses

— | Class 1.4. Other products of animal origin (eggs, honey, various dairy products except butter, etc.)

— | Class 1.5. Oils and fats (butter, margarine, oil, etc.)

— | Class 1.6. Fruit, vegetables and cereals fresh or processed

— | Class 1.7. Fresh fish, molluscs, and crustaceans and products derived therefrom

— | Class 1.8. other products listed in Annex I to the Treaty (spices etc.)2.   Agricultural products and foodstuffs referred to in Annex I to Regulation (EU) No 1151/2012

I.   Designations of Origin and Geographical indications

— | Class 2.1. beer,

— | Class 2.2. chocolate and derived products,

— | Class 2.3. bread, pastry, cakes, confectionery, biscuits and other baker’s wares

— | Class 2.4. beverages made from plant extracts,

— | Class 2.5. pasta,

— | Class 2.6. salt,

— | Class 2.7. natural gums and resins,

— | Class 2.8. mustard paste,

— | Class 2.9. hay,

— | Class 2.10. essential oils,

— | Class 2.11. cork,

— | Class 2.12. cochineal,

— | Class 2.13. flowers and ornamental plants,

— | Class 2.14. cotton,

— | Class 2.15. wool,

— | Class 2.16. wicker,

— | Class 2.17. scutched flax,

— | Class 2.18. leather,

— | Class 2.19. fur,

— | Class 2.20. feather.II.   Traditional specialities guaranteed

— | Class 2.21. prepared meals,

— | Class 2.22. beer,

— | Class 2.23. chocolate and derived products,

— | Class 2.24. bread, pastry, cakes, confectionery, biscuits and other baker’s wares,

— | Class 2.25. beverages made from plant extracts,

— | Class 2.26. pasta,

— | Class 2.27. salt.

Pending: 32014R0664

                                January 16, 2026                            

19.6.2014
EN
Official Journal of the European Union
L 179/17

(1)
Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2)and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules have to be adopted by means of such acts. The new rules should replace the implementing rules of Regulations (EC) No 509/2006 and (EC) No 510/2006 which were laid down in Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4)and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5), respectively.

(2)
In order to take into account the specific character, and in particular the physical and material constraints, of the production of products of animal origin the name of which is registered as a protected designation of origin, derogations with regard to the sourcing of feed should be allowed in the product specification of such products. Those derogations should in no way affect the link between the geographical environment and the specific quality or characteristics of the product essentially or exclusively due to that environment.

(3)
In order to take into account the specific character of certain products, restrictions with regard to the sourcing of raw materials for protected geographical indications should be allowed in the product specification of such products. Those restrictions should be justified in the light of objective criteria that are in line with the general principles of the scheme of protected geographical indications and that further improve the consistency of the products with the aims of the scheme.

(4)
In order to ensure that the appropriate information is communicated to the consumer, the Union symbols designed to publicise protected designations of origin, protected geographical indications and traditional specialities guaranteed should be established.

(5)
In order to ensure that product specifications for traditional specialities guaranteed only provide relevant and succinct information and to avoid excessively voluminous applications for registration or applications for approval of an amendment to a product specification of a traditional speciality guaranteed, a limit to the length of product specifications should be laid down.

(6)
In order to facilitate the application process, additional rules on national opposition procedures in case of joint applications concerning more than one national territory should be laid down. Since the right to oppose should be guaranteed on the whole Union territory, the obligation to carry out national opposition procedures in all Member States concerned by the joint applications should be provided for.

(7)
In order to have clear steps in the opposition procedure, it is necessary to specify the procedural obligations of the applicant in case the appropriate consultations following the lodging of a reasoned statement of opposition result in an agreement.

(8)
In order to facilitate the handling of applications for an amendment to a product specification, complementing rules concerning the scrutiny of the amendment applications and concerning the submission and assessment of minor amendments should be laid down. Because of their emergency nature, temporary amendments should be exempted from the standard procedure and should not be subject to formal approval by the Commission. However, the Commission should be kept fully informed about the content and the justifications of such amendments.

(9)
In order to ensure that all parties have the opportunity to defend their rights and legitimate interests, complementing rules regarding the cancellation process should be laid down. The cancellation process should be aligned to the standard procedure for registration laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012. It should also be clarified that Member States are among the legal persons that may have a legitimate interest in submitting a request for cancellation under the first subparagraph of Article 54(1) of that Regulation.

(10)
In order to protect the legitimate interests of producers or stakeholders concerned, it should still be possible that single documents concerning protected designations of origin and protected geographical indications registered prior to 31 March 2006 and for which a single document has not been published, are published upon request of the Member States concerned.

(11)
Article 12(3) and the first subparagraph of Article 23(3) of Regulation (EU) No 1151/2012 provide that for products originating in the Union that are marketed under a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed, the Union symbols associated with those products have to appear on the labelling and that the relevant indications or abbreviations may appear on the labelling. The second subparagraph of Article 23(3) provides that the symbol is optional on the labelling of traditional specialities guaranteed produced outside the Union. Those provisions will only be applicable from 4 January 2016. However, Regulations (EC) No 509/2006 and (EC) No 510/2006, which were repealed by Regulation (EU) No 1151/2012, provided for the obligation to place on the labelling of products originating in the Union either the symbol or the complete indication and gave the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union. For the sake of continuity between the two repealed Regulations and Regulation (EU) No 1151/2012, the obligation of placing on the labelling of products originating in the Union either the Union symbols or the respective indication and the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union should be considered as implicitly set out by Regulation (EU) No 1151/2012 and already applicable. In order to ensure legal certainty and to protect the rights and the legitimate interests of producers or stakeholders concerned, the conditions of use of symbols and indications on the labelling as laid down in Regulations (EC) No 509/2006 and (EC) No 510/2006 should continue to be applied until 3 January 2016.

(12)
For the sake of clarity and legal certainty, Regulations (EC) No 1898/2006 and (EC) No 1216/2007 should be repealed,

(a)
for products originating in the Union, where the registered name is used on the labelling, it shall be accompanied either by the relevant Union symbol or by the relevant indication referred to in Article 12(3) or Article 23(3) of Regulation (EU) No 1151/2012;

(b)
for products which are produced outside the Union, the indication referred to in Article 23(3) of Regulation (EU) No 1151/2012 shall be optional on the labelling of traditional specialities guaranteed.

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs(1), and in particular the first and second subparagraphs of Article 5(4), the first subparagraph of Article 12(7), Article 16(2), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3), and the first subparagraph of Article 54(2) thereof,

(1) Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2)and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules have to be adopted by means of such acts. The new rules should replace the implementing rules of Regulations (EC) No 509/2006 and (EC) No 510/2006 which were laid down in Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4)and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5), respectively.

(2) In order to take into account the specific character, and in particular the physical and material constraints, of the production of products of animal origin the name of which is registered as a protected designation of origin, derogations with regard to the sourcing of feed should be allowed in the product specification of such products. Those derogations should in no way affect the link between the geographical environment and the specific quality or characteristics of the product essentially or exclusively due to that environment.

(3) In order to take into account the specific character of certain products, restrictions with regard to the sourcing of raw materials for protected geographical indications should be allowed in the product specification of such products. Those restrictions should be justified in the light of objective criteria that are in line with the general principles of the scheme of protected geographical indications and that further improve the consistency of the products with the aims of the scheme.

(4) In order to ensure that the appropriate information is communicated to the consumer, the Union symbols designed to publicise protected designations of origin, protected geographical indications and traditional specialities guaranteed should be established.

(5) In order to ensure that product specifications for traditional specialities guaranteed only provide relevant and succinct information and to avoid excessively voluminous applications for registration or applications for approval of an amendment to a product specification of a traditional speciality guaranteed, a limit to the length of product specifications should be laid down.

(6) In order to facilitate the application process, additional rules on national opposition procedures in case of joint applications concerning more than one national territory should be laid down. Since the right to oppose should be guaranteed on the whole Union territory, the obligation to carry out national opposition procedures in all Member States concerned by the joint applications should be provided for.

(7) In order to have clear steps in the opposition procedure, it is necessary to specify the procedural obligations of the applicant in case the appropriate consultations following the lodging of a reasoned statement of opposition result in an agreement.

(8) In order to facilitate the handling of applications for an amendment to a product specification, complementing rules concerning the scrutiny of the amendment applications and concerning the submission and assessment of minor amendments should be laid down. Because of their emergency nature, temporary amendments should be exempted from the standard procedure and should not be subject to formal approval by the Commission. However, the Commission should be kept fully informed about the content and the justifications of such amendments.

(9) In order to ensure that all parties have the opportunity to defend their rights and legitimate interests, complementing rules regarding the cancellation process should be laid down. The cancellation process should be aligned to the standard procedure for registration laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012. It should also be clarified that Member States are among the legal persons that may have a legitimate interest in submitting a request for cancellation under the first subparagraph of Article 54(1) of that Regulation.

(10) In order to protect the legitimate interests of producers or stakeholders concerned, it should still be possible that single documents concerning protected designations of origin and protected geographical indications registered prior to 31 March 2006 and for which a single document has not been published, are published upon request of the Member States concerned.

(11) Article 12(3) and the first subparagraph of Article 23(3) of Regulation (EU) No 1151/2012 provide that for products originating in the Union that are marketed under a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed, the Union symbols associated with those products have to appear on the labelling and that the relevant indications or abbreviations may appear on the labelling. The second subparagraph of Article 23(3) provides that the symbol is optional on the labelling of traditional specialities guaranteed produced outside the Union. Those provisions will only be applicable from 4 January 2016. However, Regulations (EC) No 509/2006 and (EC) No 510/2006, which were repealed by Regulation (EU) No 1151/2012, provided for the obligation to place on the labelling of products originating in the Union either the symbol or the complete indication and gave the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union. For the sake of continuity between the two repealed Regulations and Regulation (EU) No 1151/2012, the obligation of placing on the labelling of products originating in the Union either the Union symbols or the respective indication and the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union should be considered as implicitly set out by Regulation (EU) No 1151/2012 and already applicable. In order to ensure legal certainty and to protect the rights and the legitimate interests of producers or stakeholders concerned, the conditions of use of symbols and indications on the labelling as laid down in Regulations (EC) No 509/2006 and (EC) No 510/2006 should continue to be applied until 3 January 2016.

(12) For the sake of clarity and legal certainty, Regulations (EC) No 1898/2006 and (EC) No 1216/2007 should be repealed,

HAS ADOPTED THIS REGULATION:
Specific rules on sourcing of feed and of raw materials

Article 1

1.   For the purposes of Article 5 of Regulation (EU) No 1151/2012, feed shall be sourced entirely from within the defined geographical area in respect of products of animal origin the name of which is registered as a protected designation of origin.

Insofar as sourcing entirely from within the defined geographical area is not technically practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall in no case exceed 50 % of dry matter on annual basis.

2.   Any restrictions to the origin of raw materials provided in the product specification of a product the name of which is registered as a protected geographical indication shall be justified in relation to the link referred to in point (f)(ii) of Article 7(1) of Regulation (EU) No 1151/2012.
Union symbols

Article 2

The Union symbols referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 are established as laid down in the Annex to this Regulation.
Limitation of product specifications for traditional specialities guaranteed

Article 3

The product specification referred to in Article 19 of Regulation (EU) No 1151/2012 shall be concise and shall not exceed 5 000 words, except in duly justified cases.
National opposition procedures for joint applications

Article 4

In case of joint applications as referred to in Article 49(1) of Regulation (EU) No 1151/2012, the related national opposition procedures shall be carried out in all the Member States concerned.
Notification obligation concerning agreement in opposition procedure

Article 5

When the interested parties reach an agreement following the consultations referred to in Article 51(3) of Regulation (EU) No 1151/2012, the authorities of the Member State or of the third country from which the application was lodged shall notify the Commission of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities of a Member State or of a third country or other natural and legal persons having lodged an opposition.
Amendments to a product specification

Article 6

1.   The application for an amendment to a product specification as referred to in Article 53(1) of Regulation (EU) No 1151/2012 which is not minor shall contain an exhaustive description and the specific reasons for each amendment. The description shall compare in detail, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed.

That application shall be self-sufficient. It shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.

An application for an amendment which is not minor that does not comply with the first and the second subparagraphs shall not be admissible. The Commission shall inform the applicant if the application is deemed inadmissible.

The approval by the Commission of an application for an amendment to a product specification which is not minor shall only cover the amendments as included in the application itself.

2.   Applications for a minor amendment to a product specification concerning protected designations of origin or protected geographical indications shall be submitted to the authorities of the Member State the geographical area of the designation or indication relates to. Applications for a minor amendment of a product specification concerning traditional specialities guaranteed shall be submitted to the authorities of the Member State in which the group is established. If the application for a minor amendment of a product specification does not come from the group which had submitted the application for registration of the name or names the product specification refers to, the Member State shall give that group the opportunity to make comments on the application if that group still exists. If the Member State considers that the requirements of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto are met, it may lodge a minor amendment application dossier with the Commission. Applications for a minor amendment to a product specification concerning products originating in third countries may be submitted by a group having a legitimate interest either directly to the Commission or via the authorities of that third country.

The application for a minor amendment shall only propose minor amendments in the meaning of Article 53(2) of Regulation (EU) No 1151/2012. It shall describe those minor amendments, provide a summary of the reason an amendment is required and show that the proposed amendments qualify as minor in accordance with Article 53(2) of Regulation (EU) No 1151/2012. It shall compare, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed. The application shall be self-sufficient and shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.

Minor amendments referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be deemed approved if the Commission does not inform the applicant otherwise within three months from the reception of the application.

An application for a minor amendment that does not comply with the second subparagraph of this paragraph shall not be admissible. Tacit approval referred to in the third subparagraph of this paragraph shall not apply to such applications. The Commission shall inform the applicant if the application is deemed inadmissible within three months from the reception of the application.

The Commission shall make public the approved minor amendment to a product specification not implying a modification of the elements referred to in Article 50(2) of Regulation (EU) No 1151/2012.

3.   The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall not apply to amendments concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.

Those amendments shall be communicated to the Commission together with the reasons for them not later than two weeks following approval. Temporary amendments to a product specification concerning protected designations of origin or protected geographical indications shall be communicated to the Commission by the authorities of the Member State the geographical area of the designation or indication relates to. Temporary amendments to a product specification concerning traditional specialities guaranteed shall be communicated to the Commission by the authorities of the Member State in which the group is established. Temporary amendments concerning products originating in third countries shall be communicated to the Commission either by a group having a legitimate interest or by the authorities of that third country. Member States shall publish temporary amendments to the product specification. In communications concerning a temporary amendment to a product specification relating to a protected designation of origin or a protected geographical indication, Member States shall only enclose the reference to the publication. In communications concerning a temporary amendment to a product specification relating to a traditional speciality guaranteed, they shall enclose the temporary amendment to the product specification as published. In communications concerning products originating in third countries the approved temporary amendments to the product specification shall be sent to the Commission.. Evidence of the sanitary and phytosanitary measures and a copy of the act recognising natural disasters or adverse weather conditions shall be provided in all communications for temporary amendments from Member States and third countries. The Commission shall make public such amendments.
Cancellation

Article 7

1.   The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall applymutatis mutandisto the cancellation of a registration as referred to in the first and second subparagraphs of Article 54(1) of that Regulation.

2.   Member States shall be allowed to submit a request for cancellation on their own initiative pursuant to the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.

3.   The request for cancellation shall be made public pursuant to the second paragraph of Article 50(1) of Regulation (EU) No 1151/2012.

4.   Reasoned statements of opposition as regards cancellation shall be admissible only if they show continued commercial reliance by an interested person on the registered name.
Transitional rules

Article 8

1.   In respect of protected designations of origin and protected geographical indications registered prior to 31 March 2006, the Commission shall, at the request of a Member State, publish a single document submitted by that Member State in theOfficial Journal of the European Union. That publication shall be accompanied by the reference of publication of the product specification.

2.   Until 3 January 2016 the following rules shall apply:

(a)

for products originating in the Union, where the registered name is used on the labelling, it shall be accompanied either by the relevant Union symbol or by the relevant indication referred to in Article 12(3) or Article 23(3) of Regulation (EU) No 1151/2012;

(b)

for products which are produced outside the Union, the indication referred to in Article 23(3) of Regulation (EU) No 1151/2012 shall be optional on the labelling of traditional specialities guaranteed.
Repeal

Article 9

Regulations (EC) No 1898/2006 and (EC) No 1216/2007 are repealed.
Entry into force and application

Article 10

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

Article 5 shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.
THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs(1), and in particular the first and second subparagraphs of Article 5(4), the first subparagraph of Article 12(7), Article 16(2), the first subparagraph of Article 19(2), the first subparagraph of Article 23(4), Article 25(3), the first subparagraph of Article 49(7), the first subparagraph of Article 51(6), the first subparagraph of Article 53(3), and the first subparagraph of Article 54(2) thereof,

(1) Regulation (EU) No 1151/2012 has repealed and replaced Council Regulations (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(2)and (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3). Regulation (EU) No 1151/2012 empowers the Commission to adopt delegated and implementing acts. In order to ensure the smooth functioning of the quality schemes for agricultural products and foodstuffs in the new legal framework, certain rules have to be adopted by means of such acts. The new rules should replace the implementing rules of Regulations (EC) No 509/2006 and (EC) No 510/2006 which were laid down in Commission Regulations (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Council Regulation (EC) No 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(4)and (EC) No 1216/2007 of 18 October 2007 laying down detailed rules for the implementation of Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5), respectively.

(2) In order to take into account the specific character, and in particular the physical and material constraints, of the production of products of animal origin the name of which is registered as a protected designation of origin, derogations with regard to the sourcing of feed should be allowed in the product specification of such products. Those derogations should in no way affect the link between the geographical environment and the specific quality or characteristics of the product essentially or exclusively due to that environment.

(3) In order to take into account the specific character of certain products, restrictions with regard to the sourcing of raw materials for protected geographical indications should be allowed in the product specification of such products. Those restrictions should be justified in the light of objective criteria that are in line with the general principles of the scheme of protected geographical indications and that further improve the consistency of the products with the aims of the scheme.

(4) In order to ensure that the appropriate information is communicated to the consumer, the Union symbols designed to publicise protected designations of origin, protected geographical indications and traditional specialities guaranteed should be established.

(5) In order to ensure that product specifications for traditional specialities guaranteed only provide relevant and succinct information and to avoid excessively voluminous applications for registration or applications for approval of an amendment to a product specification of a traditional speciality guaranteed, a limit to the length of product specifications should be laid down.

(6) In order to facilitate the application process, additional rules on national opposition procedures in case of joint applications concerning more than one national territory should be laid down. Since the right to oppose should be guaranteed on the whole Union territory, the obligation to carry out national opposition procedures in all Member States concerned by the joint applications should be provided for.

(7) In order to have clear steps in the opposition procedure, it is necessary to specify the procedural obligations of the applicant in case the appropriate consultations following the lodging of a reasoned statement of opposition result in an agreement.

(8) In order to facilitate the handling of applications for an amendment to a product specification, complementing rules concerning the scrutiny of the amendment applications and concerning the submission and assessment of minor amendments should be laid down. Because of their emergency nature, temporary amendments should be exempted from the standard procedure and should not be subject to formal approval by the Commission. However, the Commission should be kept fully informed about the content and the justifications of such amendments.

(9) In order to ensure that all parties have the opportunity to defend their rights and legitimate interests, complementing rules regarding the cancellation process should be laid down. The cancellation process should be aligned to the standard procedure for registration laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012. It should also be clarified that Member States are among the legal persons that may have a legitimate interest in submitting a request for cancellation under the first subparagraph of Article 54(1) of that Regulation.

(10) In order to protect the legitimate interests of producers or stakeholders concerned, it should still be possible that single documents concerning protected designations of origin and protected geographical indications registered prior to 31 March 2006 and for which a single document has not been published, are published upon request of the Member States concerned.

(11) Article 12(3) and the first subparagraph of Article 23(3) of Regulation (EU) No 1151/2012 provide that for products originating in the Union that are marketed under a protected designation of origin, a protected geographical indication or a traditional speciality guaranteed, the Union symbols associated with those products have to appear on the labelling and that the relevant indications or abbreviations may appear on the labelling. The second subparagraph of Article 23(3) provides that the symbol is optional on the labelling of traditional specialities guaranteed produced outside the Union. Those provisions will only be applicable from 4 January 2016. However, Regulations (EC) No 509/2006 and (EC) No 510/2006, which were repealed by Regulation (EU) No 1151/2012, provided for the obligation to place on the labelling of products originating in the Union either the symbol or the complete indication and gave the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union. For the sake of continuity between the two repealed Regulations and Regulation (EU) No 1151/2012, the obligation of placing on the labelling of products originating in the Union either the Union symbols or the respective indication and the option to use the indication ‘traditional speciality guaranteed’ on the labelling of traditional specialities guaranteed produced outside the Union should be considered as implicitly set out by Regulation (EU) No 1151/2012 and already applicable. In order to ensure legal certainty and to protect the rights and the legitimate interests of producers or stakeholders concerned, the conditions of use of symbols and indications on the labelling as laid down in Regulations (EC) No 509/2006 and (EC) No 510/2006 should continue to be applied until 3 January 2016.

(12) For the sake of clarity and legal certainty, Regulations (EC) No 1898/2006 and (EC) No 1216/2007 should be repealed,

HAS ADOPTED THIS REGULATION:
Specific rules on sourcing of feed and of raw materials1.   For the purposes of Article 5 of Regulation (EU) No 1151/2012, feed shall be sourced entirely from within the defined geographical area in respect of products of animal origin the name of which is registered as a protected designation of origin.

Insofar as sourcing entirely from within the defined geographical area is not technically practicable, feed sourced from outside that area can be added, provided that the product quality or characteristic essentially due to the geographical environment are not affected. Feed sourced from outside the defined geographical area shall in no case exceed 50 % of dry matter on annual basis.

2.   Any restrictions to the origin of raw materials provided in the product specification of a product the name of which is registered as a protected geographical indication shall be justified in relation to the link referred to in point (f)(ii) of Article 7(1) of Regulation (EU) No 1151/2012.
Union symbolsThe Union symbols referred to in Articles 12(2) and 23(2) of Regulation (EU) No 1151/2012 are established as laid down in the Annex to this Regulation.
Limitation of product specifications for traditional specialities guaranteedThe product specification referred to in Article 19 of Regulation (EU) No 1151/2012 shall be concise and shall not exceed 5 000 words, except in duly justified cases.
National opposition procedures for joint applicationsIn case of joint applications as referred to in Article 49(1) of Regulation (EU) No 1151/2012, the related national opposition procedures shall be carried out in all the Member States concerned.
Notification obligation concerning agreement in opposition procedureWhen the interested parties reach an agreement following the consultations referred to in Article 51(3) of Regulation (EU) No 1151/2012, the authorities of the Member State or of the third country from which the application was lodged shall notify the Commission of all the factors which enabled that agreement to be reached, including the opinions of the applicant and of the authorities of a Member State or of a third country or other natural and legal persons having lodged an opposition.
Amendments to a product specification1.   The application for an amendment to a product specification as referred to in Article 53(1) of Regulation (EU) No 1151/2012 which is not minor shall contain an exhaustive description and the specific reasons for each amendment. The description shall compare in detail, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed.

That application shall be self-sufficient. It shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.

An application for an amendment which is not minor that does not comply with the first and the second subparagraphs shall not be admissible. The Commission shall inform the applicant if the application is deemed inadmissible.

The approval by the Commission of an application for an amendment to a product specification which is not minor shall only cover the amendments as included in the application itself.

2.   Applications for a minor amendment to a product specification concerning protected designations of origin or protected geographical indications shall be submitted to the authorities of the Member State the geographical area of the designation or indication relates to. Applications for a minor amendment of a product specification concerning traditional specialities guaranteed shall be submitted to the authorities of the Member State in which the group is established. If the application for a minor amendment of a product specification does not come from the group which had submitted the application for registration of the name or names the product specification refers to, the Member State shall give that group the opportunity to make comments on the application if that group still exists. If the Member State considers that the requirements of Regulation (EU) No 1151/2012 and of the provisions adopted pursuant thereto are met, it may lodge a minor amendment application dossier with the Commission. Applications for a minor amendment to a product specification concerning products originating in third countries may be submitted by a group having a legitimate interest either directly to the Commission or via the authorities of that third country.

The application for a minor amendment shall only propose minor amendments in the meaning of Article 53(2) of Regulation (EU) No 1151/2012. It shall describe those minor amendments, provide a summary of the reason an amendment is required and show that the proposed amendments qualify as minor in accordance with Article 53(2) of Regulation (EU) No 1151/2012. It shall compare, for each amendment, the original product specification and, where relevant, the original single document with the amended version proposed. The application shall be self-sufficient and shall contain all amendments to the product specification and, where relevant, to the single document for which approval is sought.

Minor amendments referred to in the second subparagraph of Article 53(2) of Regulation (EU) No 1151/2012 shall be deemed approved if the Commission does not inform the applicant otherwise within three months from the reception of the application.

An application for a minor amendment that does not comply with the second subparagraph of this paragraph shall not be admissible. Tacit approval referred to in the third subparagraph of this paragraph shall not apply to such applications. The Commission shall inform the applicant if the application is deemed inadmissible within three months from the reception of the application.

The Commission shall make public the approved minor amendment to a product specification not implying a modification of the elements referred to in Article 50(2) of Regulation (EU) No 1151/2012.

3.   The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall not apply to amendments concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.

Those amendments shall be communicated to the Commission together with the reasons for them not later than two weeks following approval. Temporary amendments to a product specification concerning protected designations of origin or protected geographical indications shall be communicated to the Commission by the authorities of the Member State the geographical area of the designation or indication relates to. Temporary amendments to a product specification concerning traditional specialities guaranteed shall be communicated to the Commission by the authorities of the Member State in which the group is established. Temporary amendments concerning products originating in third countries shall be communicated to the Commission either by a group having a legitimate interest or by the authorities of that third country. Member States shall publish temporary amendments to the product specification. In communications concerning a temporary amendment to a product specification relating to a protected designation of origin or a protected geographical indication, Member States shall only enclose the reference to the publication. In communications concerning a temporary amendment to a product specification relating to a traditional speciality guaranteed, they shall enclose the temporary amendment to the product specification as published. In communications concerning products originating in third countries the approved temporary amendments to the product specification shall be sent to the Commission.. Evidence of the sanitary and phytosanitary measures and a copy of the act recognising natural disasters or adverse weather conditions shall be provided in all communications for temporary amendments from Member States and third countries. The Commission shall make public such amendments.
Cancellation1.   The procedure laid down in Articles 49 to 52 of Regulation (EU) No 1151/2012 shall applymutatis mutandisto the cancellation of a registration as referred to in the first and second subparagraphs of Article 54(1) of that Regulation.

2.   Member States shall be allowed to submit a request for cancellation on their own initiative pursuant to the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012.

3.   The request for cancellation shall be made public pursuant to the second paragraph of Article 50(1) of Regulation (EU) No 1151/2012.

4.   Reasoned statements of opposition as regards cancellation shall be admissible only if they show continued commercial reliance by an interested person on the registered name.
Transitional rules1.   In respect of protected designations of origin and protected geographical indications registered prior to 31 March 2006, the Commission shall, at the request of a Member State, publish a single document submitted by that Member State in theOfficial Journal of the European Union. That publication shall be accompanied by the reference of publication of the product specification.

2.   Until 3 January 2016 the following rules shall apply:

(a)

for products originating in the Union, where the registered name is used on the labelling, it shall be accompanied either by the relevant Union symbol or by the relevant indication referred to in Article 12(3) or Article 23(3) of Regulation (EU) No 1151/2012;

(b)

for products which are produced outside the Union, the indication referred to in Article 23(3) of Regulation (EU) No 1151/2012 shall be optional on the labelling of traditional specialities guaranteed.
RepealRegulations (EC) No 1898/2006 and (EC) No 1216/2007 are repealed.
Entry into force and applicationThis Regulation shall enter into force on the third day following that of its publication in theOfficial Journal of the European Union.

Article 5 shall only apply to opposition procedures for which the three-month period established in the first subparagraph of Article 51(1) of Regulation (EU) No 1151/2012 has not expired on the date of entry into force of this Regulation.
ANNEXUnion symbol for ‘Protected designation of origin’

Union symbol for ‘Protected geographical indication’

Union symbol for ‘Traditional speciality guaranteed’

Pending: 32014R0625

                                January 16, 2026                            

13.6.2014
EN
Official Journal of the European Union
L 174/16

(1)
The retention of an economic interest aims at aligning interests between the parties respectively transferring and assuming the credit risk of the securitised exposures. Where an entity securitises its own liabilities, alignment of interests is established automatically, regardless of whether the final debtor collateralises its debt. Where it is clear that the credit risk remains with the originator the retention of interest by the originator is unnecessary and would not improve on the pre-existing position.

(2)
It is appropriate to clarify when exposure to transferred credit risk is deemed to occur in relation to certain specific instances in which institutions, other than when acting as originator, sponsor or original lender, may become exposed to the credit risk of a securitisation position, including when institutions act as a counterparty to a derivative instrument with the securitisation transaction, as a hedge counterparty with the securitisation transaction, as a liquidity facility provider to the transaction and when institutions hold securitisation positions in the trading book in the context of market making activities.

(3)
In re-securitisation transactions credit risk transfer occurs at the level of the first securitisation of assets and at the second ‘repackaged’ level of the transaction. The two levels of the transaction, and the two corresponding instances of credit risk transfer, are independent with respect to the requirements set out in this Regulation. Retention of net economic interest and due diligence should be ensured at each level of the transaction by the institutions that become exposed to transferred credit risk at that particular level. Therefore if an institution becomes exposed only to the second ‘repackaged’ level of the transaction, the requirements relating to retention of net economic interest and due diligence only apply to that institution in relation to the second level of the transaction. Within the same re-securitisation transaction, those institutions who became exposed to the first level of securitisation of assets should comply with the retention and due diligence requirements in relation to the first level of securitisation in the transaction.

(4)
It is appropriate to specify in greater detail the application of the retention commitment including compliance when there are multiple originators, sponsors or original lenders, details regarding the different retention options, how to measure the retention requirement at origination and on an on-going basis, and how to apply the exemptions.

(5)
Points (a) to (e) of Article 405(1) of Regulation (EU) No 575/2013 lay down various options pursuant to which the required retention of interest may be fulfilled. This Regulation, clarifies in detail the ways to comply with each of those options.

(6)
The retention of an interest could be achieved through a synthetic or contingent form of retention, provided that such methods fully comply with one of the options laid down in points (a) to (e) of Article 405(1) of Regulation (EU) No 575/2013, to which the synthetic or contingent form of retention can be equated, and provided that compliance with the disclosure requirements is ensured.

(7)
Hedging of or selling the retained interest is prohibited where those techniques undermine the purpose of the retention requirement, implying that they can be permitted where they do not hedge the retainer against the credit risk of either the retained securitisation positions or the retained exposures.

(8)
In order to ensure the ongoing maintenance of the net economic interest, institutions should ensure that there is not any embedded mechanism in the securitisation structure by which the minimum retention requirement at origination would necessarily decline faster than the interest transferred. Similarly, the retained interest should not be prioritised in terms of cash flows to preferentially benefit from being repaid or amortised such that it would fall below 5 % of the ongoing nominal value of the tranches sold or exposures securitised. Moreover, the credit support provided to the institution assuming exposure to a securitisation position should not decline disproportionately relative to the rate of repayment on the underlying exposures.

(9)
Institutions should be able to make use of financial models developed by third parties, other than ECAIs, in order to reduce administrative burden and compliance costs for the fulfilment of due diligence obligations. Institutions should only use third party financial models where they have taken due care, prior to investing, to validate the relevant assumptions in, and structuring of, the models and to understand the methodology, assumptions and results of such models.

(10)
It is essential to further specify how frequently institutions should review their compliance with due diligence requirements, how to assess whether the use of different policies and procedures for the trading book and non-trading book is appropriate, how to assess compliance when the positions pertain to the correlation trading portfolio and to clarify certain terms under Article 406, Regulation (EU) No 575/2013, such as ‘risk characteristics’ and ‘structural features’.

(11)
Pursuant to Article 14(2) of Regulation (EU) No 575/2013, entities established in third countries which are included in the consolidation in accordance with Article 18 of Regulation (EU) No 575/2013, but do not directly fall within the scope of application of the additional risk weights, should, in limited circumstances, such as for exposures held in the trading book for the purpose of market-making activities, not be deemed to be in breach of Article 405 of Regulation (EU) No 575/2013. Institutions should not be considered to be in breach of that Article where any such exposures or positions in the trading book are not material and do not form a disproportionate share of the trading activities, provided that there is a thorough understanding of the exposures or positions, and that formal policies and procedures have been implemented which are appropriate and commensurate with that entity's and the group's overall risk profile.

(12)
Initial and ongoing disclosure to investors on the level of the retention commitment and of all materially relevant data, including on the credit quality and performance of the underlying exposure, is necessary for effective due diligence on the securitisation positions. Disclosed data should include details of the identity of the retainer, the retention option chosen and the original and ongoing commitment to retain an economic interest. Where exemptions provided for in Article 405(3) and (4) of Regulation (EU) No 575/2013 are applicable, there should be explicit disclosure of securitised exposures where the retention requirement does not apply and the reason for the disapplication.

(13)
This Regulation is based on the draft regulatory technical standards submitted by the European Supervisory Authority (European Banking Authority) to the Commission.

(14)
The European Supervisory Authority (European Banking Authority) has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(2),

(a)
‘retainer’ means the entity acting as originator, sponsor or original lender which retains a net economic interest in the securitisation in accordance with Article 405(1) of Regulation (EU) No 575/2013;

(b)
‘Synthetic form of retention’ means retention of economic interest through the use of derivative instruments;

(c)
‘Contingent form of retention’ means retention of economic interest through the use of guarantees, letter of credits and other similar forms of credit support ensuring an immediate enforcement of the retention;

(d)
‘Vertical tranche’ means a tranche which exposes the holder of the tranche to the credit risk of each issued tranche of the securitisation transaction on a pro-rata basis.

(a)
the entity which holds the securitisation positions is established in a third country and is included in the consolidated group in accordance with Article 18 of Regulation (EU) No 575/2013;

(b)
the securitisation positions are held in the trading book of the entity referred to in point (a) for the purposes of market making activities;

(c)
the securitisation positions are not material with respect to the overall risk profile of the trading book of the group referred to in point (a) and do not form a disproportionate share of the trading activities of the group.

(a)
the originator or multiple originators;

(b)
the sponsor or multiple sponsors;

(c)
the original lender or multiple original lenders.

(a)
the originator or original lender has established and is managing the programme or securitisation scheme;

(b)
the originator or original lender has established the programme or securitisation scheme and has contributed over 50 % of the total securitised exposures.

(a)
the sponsor whose economic interest is most appropriately aligned with investors as agreed by the multiple sponsors on the basis of objective criteria including the fee structures, the involvement in the establishment and management of the programme or securitisation scheme and exposure to credit risk of the securitisations;

(b)
by each sponsor proportionately in relation to the number of sponsors.

(a)
the amount retained is at least equal to the requirement under the option to which the synthetic or contingent form of retention can be equated;

(b)
the retainer has explicitly disclosed that it will retain, on an ongoing basis, a material net economic interest in that manner, including details of the form of retention, the methodology used in its determination and its equivalence to one of those options.

(a)
retention of at least 5 % of the nominal value of each of the securitised exposures, provided that the credit risk of such exposures rankspari passuwith or is subordinated to the credit risk securitised for the same exposures. In the case of a revolving securitisation, as defined in Article 242(13) of Regulation (EU) No 575/2013, this would occur through retention of the originator's interest assuming the originator's interest was for at least 5 % of the nominal value of each of the securitised exposures and rankedpari passuwith or subordinated to the credit risk that has been securitised with respect to those same exposures;

(b)
the provision, in the context of an ABCP programme, of a liquidity facility which may be senior in the contractual waterfall, where the following conditions are fulfilled:(i)the liquidity facility covers 100 % of the credit risk of the securitised exposures;(ii)the liquidity facility covers the credit risk for as long as the retainer has to retain the economic interest by means of such liquidity facility for the relevant securitisation position;(iii)the liquidity facility is provided by the originator, sponsor or original lender in the securitisation transaction;(iv)the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii) and (iii) are complied with;
(i)
the liquidity facility covers 100 % of the credit risk of the securitised exposures;
(ii)
the liquidity facility covers the credit risk for as long as the retainer has to retain the economic interest by means of such liquidity facility for the relevant securitisation position;
(iii)
the liquidity facility is provided by the originator, sponsor or original lender in the securitisation transaction;
(iv)
the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii) and (iii) are complied with;

(i)
the liquidity facility covers 100 % of the credit risk of the securitised exposures;

(ii)
the liquidity facility covers the credit risk for as long as the retainer has to retain the economic interest by means of such liquidity facility for the relevant securitisation position;

(iii)
the liquidity facility is provided by the originator, sponsor or original lender in the securitisation transaction;

(iv)
the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii) and (iii) are complied with;

(i)
the liquidity facility covers 100 % of the credit risk of the securitised exposures;

(ii)
the liquidity facility covers the credit risk for as long as the retainer has to retain the economic interest by means of such liquidity facility for the relevant securitisation position;

(iii)
the liquidity facility is provided by the originator, sponsor or original lender in the securitisation transaction;

(iv)
the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii) and (iii) are complied with;

(c)
retention of a vertical tranche which has a nominal value of no less than 5 % of the total nominal value of all the issued tranches of notes.

(a)
provision of a contingent form of retention as referred to in Article 1(1)(c) or of a liquidity facility in the context of an ABCP programme, which fulfils the following criteria:(i)it covers at least 5 % of the nominal value of the securitised exposures;(ii)it constitutes a first loss position in relation to the securitisation;(iii)it covers the credit risk for the entire duration of the retention commitment;(iv)it is provided by the originator, sponsor or original lender in the securitisation;(v)the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii), (iii) and (iv) are complied with;
(i)
it covers at least 5 % of the nominal value of the securitised exposures;
(ii)
it constitutes a first loss position in relation to the securitisation;
(iii)
it covers the credit risk for the entire duration of the retention commitment;
(iv)
it is provided by the originator, sponsor or original lender in the securitisation;
(v)
the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii), (iii) and (iv) are complied with;

(i)
it covers at least 5 % of the nominal value of the securitised exposures;

(ii)
it constitutes a first loss position in relation to the securitisation;

(iii)
it covers the credit risk for the entire duration of the retention commitment;

(iv)
it is provided by the originator, sponsor or original lender in the securitisation;

(v)
the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii), (iii) and (iv) are complied with;

(i)
it covers at least 5 % of the nominal value of the securitised exposures;

(ii)
it constitutes a first loss position in relation to the securitisation;

(iii)
it covers the credit risk for the entire duration of the retention commitment;

(iv)
it is provided by the originator, sponsor or original lender in the securitisation;

(v)
the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii), (iii) and (iv) are complied with;

(b)
overcollateralisation, as a form of credit enhancement, if that overcollateralisation acts as a ‘first loss’ retention of no less than 5 % of the nominal value of the tranches issued by the securitisation.

(a)
origination shall be considered as the time at which the exposures were first securitised;

(b)
the calculation of the level of retention shall be based on nominal values and the acquisition price of assets shall not be taken into account;

(c)
‘excess spread’ as defined in Article 242(1) of Regulation (EU) No 575/2013 shall not be taken into account when measuring the retainer's net economic interest;

(d)
the same retention option and methodology shall be used to calculate the net economic interest during the life of a securitisation transaction, unless exceptional circumstances require a change and that change is not used as a means to reduce the amount of retained interest.

(a)
tranche seniority level;

(b)
cash flow profile;

(c)
any existing rating;

(d)
historical performance of similar tranches;

(e)
obligations related to the tranches included in the documentation relating to the securitisation;

(f)
credit enhancement.

(a)
structural features that can materially impact on the performance of the securitisation position;

(b)
the risk characteristics of the securitisation positions and of the underlying exposures.

(a)
securitisation positions are either held in the correlation trading portfolio and are reference instruments as referred to in Article 338(1)(b) of that Regulation or are eligible for inclusion in the correlation trading portfolio;

(b)
the institution complies with Article 377 of that Regulation with regard to calculating the own funds requirements in relation to its correlation trading portfolio;

(c)
the institution's approach to calculating own funds in relation to its trading portfolio results in a comprehensive and thorough understanding of the risk profile of its investment in the securitisation positions;

(d)
the institution has implemented formal policies and procedures appropriate to its correlation trading portfolio and commensurate with the risk profile of its investments in the corresponding securitised positions, for analysing and recording the relevant information referred to in Article 406(1) of Regulation (EU) No 575/2013.

(a)
confirmation of the retainer's identity and of whether it retains as originator, sponsor or original lender;

(b)
whether the modalities provided for in points (a), (b), (c), (d) or (e) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 has been applied to retain a net economic interest;

(c)
any change to the modality to retain a net economic interest as referred to in point (b) in accordance with Article 10(1)(d);

(d)
confirmation of the level of retention at origination and of the commitment to retain on an on-going basis, which shall relate only to the continuation of fulfilment of the original obligation and shall not require data on the current nominal or market value, or on any impairments or write-downs on the retained interest.

(a)
where a breach of the retention commitment referred to in Article 405(1) of Regulation (EU) No 575/2013 occurs;

(b)
where the performance of the securitisation position or the risk characteristics of the securitisation or of the underlying exposures materially change;

(c)
following a breach of the obligations included in the documentation relating to the securitisation.

(a)
where the performance of the securitisation position or the risk characteristics of the securitisation or of the underlying exposures materially change;

(b)
following a breach of the obligations included in the documentation relating to the securitisation;

(c)
In order for data to be considered to be materially relevant with regard to the individual underlying exposures, it shall, in general, be provided on a loan-by-loan basis, however there are instances where the data may be provided on an aggregate basis. In assessing whether aggregate information is sufficient, factors to be taken into account shall include the granularity of the underlying pool and whether the management of the exposures in that pool is based on the pool itself or on a loan-by-loan basis.

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012(1), and in particular Article 410(2) thereof,

(1) The retention of an economic interest aims at aligning interests between the parties respectively transferring and assuming the credit risk of the securitised exposures. Where an entity securitises its own liabilities, alignment of interests is established automatically, regardless of whether the final debtor collateralises its debt. Where it is clear that the credit risk remains with the originator the retention of interest by the originator is unnecessary and would not improve on the pre-existing position.

(2) It is appropriate to clarify when exposure to transferred credit risk is deemed to occur in relation to certain specific instances in which institutions, other than when acting as originator, sponsor or original lender, may become exposed to the credit risk of a securitisation position, including when institutions act as a counterparty to a derivative instrument with the securitisation transaction, as a hedge counterparty with the securitisation transaction, as a liquidity facility provider to the transaction and when institutions hold securitisation positions in the trading book in the context of market making activities.

(3) In re-securitisation transactions credit risk transfer occurs at the level of the first securitisation of assets and at the second ‘repackaged’ level of the transaction. The two levels of the transaction, and the two corresponding instances of credit risk transfer, are independent with respect to the requirements set out in this Regulation. Retention of net economic interest and due diligence should be ensured at each level of the transaction by the institutions that become exposed to transferred credit risk at that particular level. Therefore if an institution becomes exposed only to the second ‘repackaged’ level of the transaction, the requirements relating to retention of net economic interest and due diligence only apply to that institution in relation to the second level of the transaction. Within the same re-securitisation transaction, those institutions who became exposed to the first level of securitisation of assets should comply with the retention and due diligence requirements in relation to the first level of securitisation in the transaction.

(4) It is appropriate to specify in greater detail the application of the retention commitment including compliance when there are multiple originators, sponsors or original lenders, details regarding the different retention options, how to measure the retention requirement at origination and on an on-going basis, and how to apply the exemptions.

(5) Points (a) to (e) of Article 405(1) of Regulation (EU) No 575/2013 lay down various options pursuant to which the required retention of interest may be fulfilled. This Regulation, clarifies in detail the ways to comply with each of those options.

(6) The retention of an interest could be achieved through a synthetic or contingent form of retention, provided that such methods fully comply with one of the options laid down in points (a) to (e) of Article 405(1) of Regulation (EU) No 575/2013, to which the synthetic or contingent form of retention can be equated, and provided that compliance with the disclosure requirements is ensured.

(7) Hedging of or selling the retained interest is prohibited where those techniques undermine the purpose of the retention requirement, implying that they can be permitted where they do not hedge the retainer against the credit risk of either the retained securitisation positions or the retained exposures.

(8) In order to ensure the ongoing maintenance of the net economic interest, institutions should ensure that there is not any embedded mechanism in the securitisation structure by which the minimum retention requirement at origination would necessarily decline faster than the interest transferred. Similarly, the retained interest should not be prioritised in terms of cash flows to preferentially benefit from being repaid or amortised such that it would fall below 5 % of the ongoing nominal value of the tranches sold or exposures securitised. Moreover, the credit support provided to the institution assuming exposure to a securitisation position should not decline disproportionately relative to the rate of repayment on the underlying exposures.

(9) Institutions should be able to make use of financial models developed by third parties, other than ECAIs, in order to reduce administrative burden and compliance costs for the fulfilment of due diligence obligations. Institutions should only use third party financial models where they have taken due care, prior to investing, to validate the relevant assumptions in, and structuring of, the models and to understand the methodology, assumptions and results of such models.

(10) It is essential to further specify how frequently institutions should review their compliance with due diligence requirements, how to assess whether the use of different policies and procedures for the trading book and non-trading book is appropriate, how to assess compliance when the positions pertain to the correlation trading portfolio and to clarify certain terms under Article 406, Regulation (EU) No 575/2013, such as ‘risk characteristics’ and ‘structural features’.

(11) Pursuant to Article 14(2) of Regulation (EU) No 575/2013, entities established in third countries which are included in the consolidation in accordance with Article 18 of Regulation (EU) No 575/2013, but do not directly fall within the scope of application of the additional risk weights, should, in limited circumstances, such as for exposures held in the trading book for the purpose of market-making activities, not be deemed to be in breach of Article 405 of Regulation (EU) No 575/2013. Institutions should not be considered to be in breach of that Article where any such exposures or positions in the trading book are not material and do not form a disproportionate share of the trading activities, provided that there is a thorough understanding of the exposures or positions, and that formal policies and procedures have been implemented which are appropriate and commensurate with that entity’s and the group’s overall risk profile.

(12) Initial and ongoing disclosure to investors on the level of the retention commitment and of all materially relevant data, including on the credit quality and performance of the underlying exposure, is necessary for effective due diligence on the securitisation positions. Disclosed data should include details of the identity of the retainer, the retention option chosen and the original and ongoing commitment to retain an economic interest. Where exemptions provided for in Article 405(3) and (4) of Regulation (EU) No 575/2013 are applicable, there should be explicit disclosure of securitised exposures where the retention requirement does not apply and the reason for the disapplication.

(13) This Regulation is based on the draft regulatory technical standards submitted by the European Supervisory Authority (European Banking Authority) to the Commission.

(14) The European Supervisory Authority (European Banking Authority) has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(2),

HAS ADOPTED THIS REGULATION:
Definitions

Article 1

For the purposes of this Regulation the following definitions apply:

(a)

‘retainer’ means the entity acting as originator, sponsor or original lender which retains a net economic interest in the securitisation in accordance with Article 405(1) of Regulation (EU) No 575/2013;

(b)

‘Synthetic form of retention’ means retention of economic interest through the use of derivative instruments;

(c)

‘Contingent form of retention’ means retention of economic interest through the use of guarantees, letter of credits and other similar forms of credit support ensuring an immediate enforcement of the retention;

(d)

‘Vertical tranche’ means a tranche which exposes the holder of the tranche to the credit risk of each issued tranche of the securitisation transaction on a pro-rata basis.
Particular cases of exposure to the credit risk of a securitisation position

Article 2

1.   Where an institution acts as a credit derivative counterparty or as a counterparty providing the hedge or as a liquidity facility provider with regard to a securitisation transaction, it shall be deemed to become exposed to the credit risk of a securitisation position when the derivative, the hedge or the liquidity facility assumes the credit risk of the securitised exposures or the securitisation positions.

2.   For the purposes of Article 405 and 406 of Regulation (EU) No 575/2013, where a liquidity facility complies with the conditions specified in paragraph 2 of Article 255 of Regulation (EU) No 575/2013, the liquidity provider shall not be deemed to become exposed to the credit risk of a securitisation position.

3.   In the context of a re-securitisation with more than one level or a securitisation with multiple discrete underlying transactions, an institution shall be deemed to become exposed to the credit risk only of the individual securitisation position or transaction to which it is assuming exposure.

4.   Institutions shall not be deemed to be in breach of Article 405 of Regulation (EU) No 575/2013 in accordance with Article 14(2) of Regulation (EU) No 575/2013 on a consolidated basis provided that the following conditions are met:

(a)

the entity which holds the securitisation positions is established in a third country and is included in the consolidated group in accordance with Article 18 of Regulation (EU) No 575/2013;

(b)

the securitisation positions are held in the trading book of the entity referred to in point (a) for the purposes of market making activities;

(c)

the securitisation positions are not material with respect to the overall risk profile of the trading book of the group referred to in point (a) and do not form a disproportionate share of the trading activities of the group.
Retainers of material net economic interest

Article 3

1.   The retained material net economic interest shall not be split amongst different types of retainer. The requirement to retain a material net economic interest shall be fulfilled in full by any of the following:

(a)

the originator or multiple originators;

(b)

the sponsor or multiple sponsors;

(c)

the original lender or multiple original lenders.

2.   Where the securitised exposures are created by multiple originators, the retention requirement shall be fulfilled by each originator, in relation to the proportion of the total securitised exposures for which it is the originator.

3.   Where the securitised exposures are created by multiple original lenders, the retention requirement shall be fulfilled by each original lender, in relation to the proportion of the total securitised exposures for which it is the original lender.

4.   By way of derogation from paragraphs 2 and 3, where the securitised exposures are created by multiple originators or multiple original lenders, the retention requirement may be fulfilled in full by a single originator or original lender provided that either of the following conditions are met:

(a)

the originator or original lender has established and is managing the programme or securitisation scheme;

(b)

the originator or original lender has established the programme or securitisation scheme and has contributed over 50 % of the total securitised exposures.

5.   Where the securitised exposures have been sponsored by multiple sponsors, the retention requirement shall be fulfilled by either:

(a)

the sponsor whose economic interest is most appropriately aligned with investors as agreed by the multiple sponsors on the basis of objective criteria including the fee structures, the involvement in the establishment and management of the programme or securitisation scheme and exposure to credit risk of the securitisations;

(b)

by each sponsor proportionately in relation to the number of sponsors.
Fulfilment of the retention requirement through a synthetic or contingent form of retention

Article 4

1.   The retention requirement may be fulfilled in a manner equivalent to one of the options set out in the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 through a synthetic or contingent form of retention where the following conditions are met:

(a)

the amount retained is at least equal to the requirement under the option to which the synthetic or contingent form of retention can be equated;

(b)

the retainer has explicitly disclosed that it will retain, on an ongoing basis, a material net economic interest in that manner, including details of the form of retention, the methodology used in its determination and its equivalence to one of those options.

2.   Where an entity other than a credit institution as defined in Article 4(1)(1) of Regulation (EU) No 575/2013 acts as a retainer through a synthetic or contingent form of retention, the interest retained on a synthetic or contingent basis shall be fully collateralised in cash and held on a segregated basis as ‘clients’ funds as referred to in Article 13(8) of Directive 2004/39/EC of the European Parliament and of the Council(3).
Retention option (a): pro rata retention in each of the tranches sold or transferred to investors

Article 5

1.   A retention of no less than 5 % of the nominal value of each of the tranches sold or transferred as referred to in point (a) of Article 405(1) of the Regulation (EU) No 575/2013 may also be achieved by the following:

(a)

retention of at least 5 % of the nominal value of each of the securitised exposures, provided that the credit risk of such exposures rankspari passuwith or is subordinated to the credit risk securitised for the same exposures. In the case of a revolving securitisation, as defined in Article 242(13) of Regulation (EU) No 575/2013, this would occur through retention of the originator’s interest assuming the originator’s interest was for at least 5 % of the nominal value of each of the securitised exposures and rankedpari passuwith or subordinated to the credit risk that has been securitised with respect to those same exposures;

(b)

the provision, in the context of an ABCP programme, of a liquidity facility which may be senior in the contractual waterfall, where the following conditions are fulfilled:

(i)

the liquidity facility covers 100 % of the credit risk of the securitised exposures;

(ii)

the liquidity facility covers the credit risk for as long as the retainer has to retain the economic interest by means of such liquidity facility for the relevant securitisation position;

(iii)

the liquidity facility is provided by the originator, sponsor or original lender in the securitisation transaction;

(iv)

the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii) and (iii) are complied with;

(c)

retention of a vertical tranche which has a nominal value of no less than 5 % of the total nominal value of all the issued tranches of notes.
Retention option (b): retention of the originator’s interest for revolving exposures

Article 6

A retention as referred to in point (b) of Article 405(1) of Regulation (EU) No 575/2013 may be achieved by retaining at least 5 % of the nominal value of each of the securitised exposures, provided that the retained credit risk of such exposures ranks pari passu with or is subordinated to the credit risk securitised for the same exposures.
Retention option (c): retention of randomly selected exposures

Article 7

1.   The pool of at least 100 potentially securitised exposures from which retained and securitised exposures are randomly selected, referred to in point (c) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013, shall be sufficiently diverse to avoid the excessive concentration of the retained interest. When preparing for the selection process, the retainer shall take appropriate quantitative and qualitative factors into account in order to ensure that the distinction between retained and securitised exposures is genuinely random. The retainer of randomly selected exposures shall take into consideration, where appropriate, factors such as vintage, product, geography, origination date, maturity date, loan to value ratio, property type, industry sector, and outstanding loan balance when selecting exposures.

2.   The retainer shall not designate different individual exposures as retained exposures at different points in time, unless this is necessary to fulfil the retention requirement in relation to a securitisation in which the securitised exposures fluctuate over time, either due to new exposures being added to the securitisation or to changes in the level of the individual securitised exposures.
Retention option (d): retention of the first loss tranche

Article 8

1.   The retention of the first loss tranche in accordance with point (d) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 shall be fulfilled by either on-balance sheet or off-balance sheet positions and may also be fulfilled by any of the following:

(a)

provision of a contingent form of retention as referred to in Article 1(1)(c) or of a liquidity facility in the context of an ABCP programme, which fulfils the following criteria:

(i)

it covers at least 5 % of the nominal value of the securitised exposures;

(ii)

it constitutes a first loss position in relation to the securitisation;

(iii)

it covers the credit risk for the entire duration of the retention commitment;

(iv)

it is provided by the originator, sponsor or original lender in the securitisation;

(v)

the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii), (iii) and (iv) are complied with;

(b)

overcollateralisation, as a form of credit enhancement, if that overcollateralisation acts as a ‘first loss’ retention of no less than 5 % of the nominal value of the tranches issued by the securitisation.

2.   Where the first loss tranche exceeds 5 % of the nominal value of the securitised exposures, it shall be possible for the retainer to only retain a portion of such first loss tranche, where this portion is equivalent to at least 5 % of the nominal value of the securitised exposures.

3.   For the fulfilment of the risk retention requirement at a securitisation scheme level institutions shall not take into account the existence of underlying transactions in which the originators or original lenders retain a first loss exposure at the transaction-specific level.
Retention option (e): retention of a first loss in every securitised exposure

Article 9

1.   The retention of a first loss exposure at the level of every securitised exposure in accordance with point (e) of the second subparagraph of Article 405(1) shall be applied so that the credit risk retained is always subordinated to the credit risk that has been securitised in relation to those same exposures.

2.   The retention referred to in paragraph 1 may be fulfilled by the sale at a discounted value of the underlying exposures by the originator or original lender, where the amount of the discount is not less than 5 % of the nominal value of each exposure and where the discounted sale amount is only refundable to the originator or original lender where it is not absorbed by losses related to the credit risk associated to the securitised exposures.
Measurement of the level of retention

Article 10

1.   Where measuring the level of retention of net economic interest, the following criteria shall be applied:

(a)

origination shall be considered as the time at which the exposures were first securitised;

(b)

the calculation of the level of retention shall be based on nominal values and the acquisition price of assets shall not be taken into account;

(c)

‘excess spread’ as defined in Article 242(1) of Regulation (EU) No 575/2013 shall not be taken into account when measuring the retainer’s net economic interest;

(d)

the same retention option and methodology shall be used to calculate the net economic interest during the life of a securitisation transaction, unless exceptional circumstances require a change and that change is not used as a means to reduce the amount of retained interest.

2.   In addition to the criteria set out in paragraph 1, provided that there is no embedded mechanism by which the retained interest at origination would decline faster than the interest transferred, the fulfilment of the retention requirement shall not be deemed to have been affected by the amortisation of the retention via cash flow allocation or through the allocation of losses, which, in effect, reduce the level of retention over time. A retainer shall not be required to constantly replenish or readjust its retained interest to at least 5 % as losses are realised on its exposures or allocated to its retained position.
Measurement of retention for the undrawn amounts in exposures in the form of credit facilities

Article 11

The calculation of the net economic interest to be retained for credit facilities, including credit cards, shall be based only on amounts already drawn, realised or received and shall be adjusted in accordance with changes to those amounts.
Prohibition of hedging or selling the retained interest

Article 12

1.   The obligation in the third subparagraph of Article 405(1) of Regulation (EU) No 575/2013 not to subject the retained net economic interest to any credit risk mitigation, short positions, other hedge or sale shall be applied having regard to the purpose of the retention requirement and taking account of the economic substance of the transaction. Hedges of the net economic interest shall not be considered to be a hedge for the purposes of the third subparagraph of Article 405(1) of Regulation (EU) No 575/2013 and may accordingly be permitted only where they do not hedge the retainer against the credit risk of either the retained securitisation positions or the retained exposures.

2.   The retainer may use any retained exposures or securitisation positions as collateral for secured funding purposes, as long as such use does not transfer the credit risk of these retained exposures or securitisation positions to a third party.
Exemptions to Article 405(1) of Regulation (EU) No 575/2013

Article 13

The transactions referred to in Article 405(4) of Regulation (EU) No 575/2013 shall include securitisation positions in the correlation trading portfolio which are reference instruments satisfying the criterion in Article 338(1)(b) of Regulation (EU) No 575/2013 or are eligible for inclusion in the correlation trading portfolio.
Retention on a consolidated basis

Article 14

An institution satisfying the retention requirement on the basis of the consolidated situation of the related EU parent credit institution, EU financial holding company, or EU mixed financial holding company in accordance with Article 405(2) of Regulation (EU) No 575/2013 shall, in the case the retainer is no longer included in the scope of supervision on a consolidated basis, ensure that one or more of the remaining entities included in the scope of supervision on a consolidated basis assumes exposure to the securitisation so as to ensure ongoing fulfilment of the requirement.
Outsourcing and other general considerations

Article 15

1.   Where there is no available information on the specific exposures to be securitised, including where exposures accumulate before their securitisation or whether they may be substituted into an existing revolving securitisation, an institution is deemed to fulfil its due diligence obligations referred to in Article 406 of Regulation (EU) No 575/2013, for each of its individual securitisation positions on the basis of the relevant eligibility criteria for such exposures.

2.   When outsourcing certain tasks of the process for the fulfilment of the obligations set out in Article 406 of Regulation (EU) No 575/2013, including record keeping, institutions becoming exposed to the risks of a securitisation shall retain full control of that process.
Specification of risk characteristics and structural features

Article 16

1.   The risk characteristics of the individual securitisation position referred to in Article 406(1)(b) of Regulation (EU) No 575/2013 shall include the following most appropriate and material characteristics, such as:

(a)

tranche seniority level;

(b)

cash flow profile;

(c)

any existing rating;

(d)

historical performance of similar tranches;

(e)

obligations related to the tranches included in the documentation relating to the securitisation;

(f)

credit enhancement.

2.   The risk characteristics of the exposures underlying the securitisation position referred to in Article 406(1)(c) of Regulation (EU) No 575/2013 shall include the most appropriate and material characteristics, including the performance information referred to in Article 406(2) of Regulation (EU) No 575/2013 in relation to residential mortgage exposures. Institutions shall identify appropriate and comparable metrics for analysing the risk characteristics of other asset classes.

3.   Additional structural features as referred to in Article 406(1)(g) of Regulation (EU) No 575/2013 shall include derivative instruments, guarantees, letter of credits and other similar forms of credit support.
Frequency of review

Article 17

Institutions shall review their compliance with Article 406 of Regulation (EU) No 575/2013 after becoming exposed to a securitisation positions at least annually and more frequently, as soon as institutions become aware of a breach of the obligations included in the documentation relating to the securitisation or of a material change in any of the following:

(a)

structural features that can materially impact on the performance of the securitisation position;

(b)

the risk characteristics of the securitisation positions and of the underlying exposures.
Stress Tests

Article 18

1.   The stress tests referred to in the second subparagraph of Article 406(1) of Regulation (EU) No 575/2013, shall include all relevant securitisation positions and shall be incorporated into the stress testing strategies and processes that the institutions carry out in accordance with the internal capital adequacy assessment process specified in Article 73 of the Directive 2013/36/EU of the European Parliament and of the Council(4).

2.   In order to fulfil the stress testing requirements referred to in the second subparagraph of Article 406(1) of Regulation (EU) No 575/2013, institutions may make use of comparable financial models developed by third parties, in addition to those developed by ECAIs, provided that they can demonstrate, when requested that they took due care, prior to investing to validate the relevant assumptions in and structuring of the models and to understand methodology, assumptions and results.

3.   When conducting the stress tests referred to in Article 406(1) of Regulation (EU) No 575/2013 within an ABCP programme as referred to in Article 242(9) of Regulation (EU) No 575/2013, which is supported by a liquidity facility which fully covers the credit risk of the securitised exposures, institutions may carry out a stress test on the creditworthiness of the liquidity facility provider rather than on the securitised exposures.
Exposures in the trading book and non-trading book

Article 19

1.   The holding of a securitisation position in the trading or non-trading book respectively shall not represent a sufficient justification in itself for the application of different policies and procedures or a different intensity of review to fulfil the due diligence obligations referred to in Article 406 of Regulation (EU) No 575/2013. In determining whether different policies and procedures or a different intensity of review shall be applied, all relevant factors materially impacting the risk profile of each of the books and of the relevant securitisation positions shall be considered, including the size of the positions, the impact on the institution’s capital base during a period of stress, and the concentration of risk in one specific transaction, issuer, or asset class.

2.   Institutions shall ensure that any material change increasing the risk profile of the securitisation positions in their trading book and non-trading book is reflected by an appropriate change in their due diligence procedures as regards those securitisation positions. In this regard, institutions shall identify in their formal trading book and non-trading book policies and procedures the circumstances which would trigger a review of the due diligence obligations.
Positions in the correlation trading portfolio

Article 20

Article 406 of the Regulation (EU) No 575/2013 shall be deemed to be complied with where the following conditions are fulfilled:

(a)

securitisation positions are either held in the correlation trading portfolio and are reference instruments as referred to in Article 338(1)(b) of that Regulation or are eligible for inclusion in the correlation trading portfolio;

(b)

the institution complies with Article 377 of that Regulation with regard to calculating the own funds requirements in relation to its correlation trading portfolio;

(c)

the institution’s approach to calculating own funds in relation to its trading portfolio results in a comprehensive and thorough understanding of the risk profile of its investment in the securitisation positions;

(d)

the institution has implemented formal policies and procedures appropriate to its correlation trading portfolio and commensurate with the risk profile of its investments in the corresponding securitised positions, for analysing and recording the relevant information referred to in Article 406(1) of Regulation (EU) No 575/2013.
Policies for credit granting

Article 21

1.   The fulfilment of the obligation referred to in Article 408 of Regulation (EU) No 575/2013 by originator or sponsor institutions shall not imply that borrower types and loan products must be the same for securitised and non-securitised exposures.

2.   Where sponsor and originator institutions have not been engaged in the original credit-granting of exposures to be securitised, or are not active in the credit-granting of the specific types of exposures to be securitised, those institutions shall obtain all the necessary information to assess whether the criteria applied in the credit-granting for those exposures are as sound and well-defined as the criteria applied to non-securitised exposures.
Disclosure of the level of the commitment to maintain a net economic interest

Article 22

1.   The retainer shall, pursuant to Article 409 of Regulation (EU) No 575/2013, disclose to investors at least the following information regarding the level of its commitment to maintain a net economic interest in the securitisation:

(a)

confirmation of the retainer’s identity and of whether it retains as originator, sponsor or original lender;

(b)

whether the modalities provided for in points (a), (b), (c), (d) or (e) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 has been applied to retain a net economic interest;

(c)

any change to the modality to retain a net economic interest as referred to in point (b) in accordance with Article 10(1)(d);

(d)

confirmation of the level of retention at origination and of the commitment to retain on an on-going basis, which shall relate only to the continuation of fulfilment of the original obligation and shall not require data on the current nominal or market value, or on any impairments or write-downs on the retained interest.

2.   Where the exemptions referred to in paragraph 3 or 4 of Article 405 of Regulation (EU) No 575/2013 apply to a securitisation transaction, institutions acting as originator, sponsor or original lender shall disclose information on the applicable exemption to investors.

3.   The disclosure referred to in paragraphs 1 and 2 shall be appropriately documented and made publicly available, except in bilateral or private transactions where private disclosure is considered by the parties to be sufficient. The inclusion of a statement on the retention commitment in the prospectus for the securities issued under the securitisation programme shall be considered an appropriate means of fulfilling the requirement.

4.   The disclosure shall also be confirmed after origination with the same regularity as the reporting frequency of the transaction, at least annually and in any of the following circumstances:

(a)

where a breach of the retention commitment referred to in Article 405(1) of Regulation (EU) No 575/2013 occurs;

(b)

where the performance of the securitisation position or the risk characteristics of the securitisation or of the underlying exposures materially change;

(c)

following a breach of the obligations included in the documentation relating to the securitisation.
Disclosure of materially relevant data

Article 23

1.   Originators, sponsors and original lenders shall ensure that materially relevant data under Article 409 of Regulation (EU) No 575/2013 is readily accessible to investors, without excessive administrative burden.

2.   The appropriate disclosure referred to in Article 409 of Regulation (EU) No 575/2013 shall be done at least annually and in the following circumstances:

(a)

where the performance of the securitisation position or the risk characteristics of the securitisation or of the underlying exposures materially change;

(b)

following a breach of the obligations included in the documentation relating to the securitisation;

(c)

In order for data to be considered to be materially relevant with regard to the individual underlying exposures, it shall, in general, be provided on a loan-by-loan basis, however there are instances where the data may be provided on an aggregate basis. In assessing whether aggregate information is sufficient, factors to be taken into account shall include the granularity of the underlying pool and whether the management of the exposures in that pool is based on the pool itself or on a loan-by-loan basis.

3.   The disclosure requirement shall be subject to any other legal or regulatory requirements applicable to the retainer.
Entry into force

Article 24

This Regulation shall enter into force on the twentieth day following that of its publication inthe Official Journal of the European Union.
THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012(1), and in particular Article 410(2) thereof,

(1) The retention of an economic interest aims at aligning interests between the parties respectively transferring and assuming the credit risk of the securitised exposures. Where an entity securitises its own liabilities, alignment of interests is established automatically, regardless of whether the final debtor collateralises its debt. Where it is clear that the credit risk remains with the originator the retention of interest by the originator is unnecessary and would not improve on the pre-existing position.

(2) It is appropriate to clarify when exposure to transferred credit risk is deemed to occur in relation to certain specific instances in which institutions, other than when acting as originator, sponsor or original lender, may become exposed to the credit risk of a securitisation position, including when institutions act as a counterparty to a derivative instrument with the securitisation transaction, as a hedge counterparty with the securitisation transaction, as a liquidity facility provider to the transaction and when institutions hold securitisation positions in the trading book in the context of market making activities.

(3) In re-securitisation transactions credit risk transfer occurs at the level of the first securitisation of assets and at the second ‘repackaged’ level of the transaction. The two levels of the transaction, and the two corresponding instances of credit risk transfer, are independent with respect to the requirements set out in this Regulation. Retention of net economic interest and due diligence should be ensured at each level of the transaction by the institutions that become exposed to transferred credit risk at that particular level. Therefore if an institution becomes exposed only to the second ‘repackaged’ level of the transaction, the requirements relating to retention of net economic interest and due diligence only apply to that institution in relation to the second level of the transaction. Within the same re-securitisation transaction, those institutions who became exposed to the first level of securitisation of assets should comply with the retention and due diligence requirements in relation to the first level of securitisation in the transaction.

(4) It is appropriate to specify in greater detail the application of the retention commitment including compliance when there are multiple originators, sponsors or original lenders, details regarding the different retention options, how to measure the retention requirement at origination and on an on-going basis, and how to apply the exemptions.

(5) Points (a) to (e) of Article 405(1) of Regulation (EU) No 575/2013 lay down various options pursuant to which the required retention of interest may be fulfilled. This Regulation, clarifies in detail the ways to comply with each of those options.

(6) The retention of an interest could be achieved through a synthetic or contingent form of retention, provided that such methods fully comply with one of the options laid down in points (a) to (e) of Article 405(1) of Regulation (EU) No 575/2013, to which the synthetic or contingent form of retention can be equated, and provided that compliance with the disclosure requirements is ensured.

(7) Hedging of or selling the retained interest is prohibited where those techniques undermine the purpose of the retention requirement, implying that they can be permitted where they do not hedge the retainer against the credit risk of either the retained securitisation positions or the retained exposures.

(8) In order to ensure the ongoing maintenance of the net economic interest, institutions should ensure that there is not any embedded mechanism in the securitisation structure by which the minimum retention requirement at origination would necessarily decline faster than the interest transferred. Similarly, the retained interest should not be prioritised in terms of cash flows to preferentially benefit from being repaid or amortised such that it would fall below 5 % of the ongoing nominal value of the tranches sold or exposures securitised. Moreover, the credit support provided to the institution assuming exposure to a securitisation position should not decline disproportionately relative to the rate of repayment on the underlying exposures.

(9) Institutions should be able to make use of financial models developed by third parties, other than ECAIs, in order to reduce administrative burden and compliance costs for the fulfilment of due diligence obligations. Institutions should only use third party financial models where they have taken due care, prior to investing, to validate the relevant assumptions in, and structuring of, the models and to understand the methodology, assumptions and results of such models.

(10) It is essential to further specify how frequently institutions should review their compliance with due diligence requirements, how to assess whether the use of different policies and procedures for the trading book and non-trading book is appropriate, how to assess compliance when the positions pertain to the correlation trading portfolio and to clarify certain terms under Article 406, Regulation (EU) No 575/2013, such as ‘risk characteristics’ and ‘structural features’.

(11) Pursuant to Article 14(2) of Regulation (EU) No 575/2013, entities established in third countries which are included in the consolidation in accordance with Article 18 of Regulation (EU) No 575/2013, but do not directly fall within the scope of application of the additional risk weights, should, in limited circumstances, such as for exposures held in the trading book for the purpose of market-making activities, not be deemed to be in breach of Article 405 of Regulation (EU) No 575/2013. Institutions should not be considered to be in breach of that Article where any such exposures or positions in the trading book are not material and do not form a disproportionate share of the trading activities, provided that there is a thorough understanding of the exposures or positions, and that formal policies and procedures have been implemented which are appropriate and commensurate with that entity’s and the group’s overall risk profile.

(12) Initial and ongoing disclosure to investors on the level of the retention commitment and of all materially relevant data, including on the credit quality and performance of the underlying exposure, is necessary for effective due diligence on the securitisation positions. Disclosed data should include details of the identity of the retainer, the retention option chosen and the original and ongoing commitment to retain an economic interest. Where exemptions provided for in Article 405(3) and (4) of Regulation (EU) No 575/2013 are applicable, there should be explicit disclosure of securitised exposures where the retention requirement does not apply and the reason for the disapplication.

(13) This Regulation is based on the draft regulatory technical standards submitted by the European Supervisory Authority (European Banking Authority) to the Commission.

(14) The European Supervisory Authority (European Banking Authority) has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(2),

HAS ADOPTED THIS REGULATION:
DefinitionsFor the purposes of this Regulation the following definitions apply:

(a)

‘retainer’ means the entity acting as originator, sponsor or original lender which retains a net economic interest in the securitisation in accordance with Article 405(1) of Regulation (EU) No 575/2013;

(b)

‘Synthetic form of retention’ means retention of economic interest through the use of derivative instruments;

(c)

‘Contingent form of retention’ means retention of economic interest through the use of guarantees, letter of credits and other similar forms of credit support ensuring an immediate enforcement of the retention;

(d)

‘Vertical tranche’ means a tranche which exposes the holder of the tranche to the credit risk of each issued tranche of the securitisation transaction on a pro-rata basis.
Particular cases of exposure to the credit risk of a securitisation position1.   Where an institution acts as a credit derivative counterparty or as a counterparty providing the hedge or as a liquidity facility provider with regard to a securitisation transaction, it shall be deemed to become exposed to the credit risk of a securitisation position when the derivative, the hedge or the liquidity facility assumes the credit risk of the securitised exposures or the securitisation positions.

2.   For the purposes of Article 405 and 406 of Regulation (EU) No 575/2013, where a liquidity facility complies with the conditions specified in paragraph 2 of Article 255 of Regulation (EU) No 575/2013, the liquidity provider shall not be deemed to become exposed to the credit risk of a securitisation position.

3.   In the context of a re-securitisation with more than one level or a securitisation with multiple discrete underlying transactions, an institution shall be deemed to become exposed to the credit risk only of the individual securitisation position or transaction to which it is assuming exposure.

4.   Institutions shall not be deemed to be in breach of Article 405 of Regulation (EU) No 575/2013 in accordance with Article 14(2) of Regulation (EU) No 575/2013 on a consolidated basis provided that the following conditions are met:

(a)

the entity which holds the securitisation positions is established in a third country and is included in the consolidated group in accordance with Article 18 of Regulation (EU) No 575/2013;

(b)

the securitisation positions are held in the trading book of the entity referred to in point (a) for the purposes of market making activities;

(c)

the securitisation positions are not material with respect to the overall risk profile of the trading book of the group referred to in point (a) and do not form a disproportionate share of the trading activities of the group.
Retainers of material net economic interest1.   The retained material net economic interest shall not be split amongst different types of retainer. The requirement to retain a material net economic interest shall be fulfilled in full by any of the following:

(a)

the originator or multiple originators;

(b)

the sponsor or multiple sponsors;

(c)

the original lender or multiple original lenders.

2.   Where the securitised exposures are created by multiple originators, the retention requirement shall be fulfilled by each originator, in relation to the proportion of the total securitised exposures for which it is the originator.

3.   Where the securitised exposures are created by multiple original lenders, the retention requirement shall be fulfilled by each original lender, in relation to the proportion of the total securitised exposures for which it is the original lender.

4.   By way of derogation from paragraphs 2 and 3, where the securitised exposures are created by multiple originators or multiple original lenders, the retention requirement may be fulfilled in full by a single originator or original lender provided that either of the following conditions are met:

(a)

the originator or original lender has established and is managing the programme or securitisation scheme;

(b)

the originator or original lender has established the programme or securitisation scheme and has contributed over 50 % of the total securitised exposures.

5.   Where the securitised exposures have been sponsored by multiple sponsors, the retention requirement shall be fulfilled by either:

(a)

the sponsor whose economic interest is most appropriately aligned with investors as agreed by the multiple sponsors on the basis of objective criteria including the fee structures, the involvement in the establishment and management of the programme or securitisation scheme and exposure to credit risk of the securitisations;

(b)

by each sponsor proportionately in relation to the number of sponsors.
Fulfilment of the retention requirement through a synthetic or contingent form of retention1.   The retention requirement may be fulfilled in a manner equivalent to one of the options set out in the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 through a synthetic or contingent form of retention where the following conditions are met:

(a)

the amount retained is at least equal to the requirement under the option to which the synthetic or contingent form of retention can be equated;

(b)

the retainer has explicitly disclosed that it will retain, on an ongoing basis, a material net economic interest in that manner, including details of the form of retention, the methodology used in its determination and its equivalence to one of those options.

2.   Where an entity other than a credit institution as defined in Article 4(1)(1) of Regulation (EU) No 575/2013 acts as a retainer through a synthetic or contingent form of retention, the interest retained on a synthetic or contingent basis shall be fully collateralised in cash and held on a segregated basis as ‘clients’ funds as referred to in Article 13(8) of Directive 2004/39/EC of the European Parliament and of the Council(3).
Retention option (a): pro rata retention in each of the tranches sold or transferred to investors1.   A retention of no less than 5 % of the nominal value of each of the tranches sold or transferred as referred to in point (a) of Article 405(1) of the Regulation (EU) No 575/2013 may also be achieved by the following:

(a)

retention of at least 5 % of the nominal value of each of the securitised exposures, provided that the credit risk of such exposures rankspari passuwith or is subordinated to the credit risk securitised for the same exposures. In the case of a revolving securitisation, as defined in Article 242(13) of Regulation (EU) No 575/2013, this would occur through retention of the originator’s interest assuming the originator’s interest was for at least 5 % of the nominal value of each of the securitised exposures and rankedpari passuwith or subordinated to the credit risk that has been securitised with respect to those same exposures;

(b)

the provision, in the context of an ABCP programme, of a liquidity facility which may be senior in the contractual waterfall, where the following conditions are fulfilled:

(i)

the liquidity facility covers 100 % of the credit risk of the securitised exposures;

(ii)

the liquidity facility covers the credit risk for as long as the retainer has to retain the economic interest by means of such liquidity facility for the relevant securitisation position;

(iii)

the liquidity facility is provided by the originator, sponsor or original lender in the securitisation transaction;

(iv)

the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii) and (iii) are complied with;

(c)

retention of a vertical tranche which has a nominal value of no less than 5 % of the total nominal value of all the issued tranches of notes.
Retention option (b): retention of the originator's interest for revolving exposuresA retention as referred to in point (b) of Article 405(1) of Regulation (EU) No 575/2013 may be achieved by retaining at least 5 % of the nominal value of each of the securitised exposures, provided that the retained credit risk of such exposures ranks pari passu with or is subordinated to the credit risk securitised for the same exposures.
Retention option (c): retention of randomly selected exposures1.   The pool of at least 100 potentially securitised exposures from which retained and securitised exposures are randomly selected, referred to in point (c) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013, shall be sufficiently diverse to avoid the excessive concentration of the retained interest. When preparing for the selection process, the retainer shall take appropriate quantitative and qualitative factors into account in order to ensure that the distinction between retained and securitised exposures is genuinely random. The retainer of randomly selected exposures shall take into consideration, where appropriate, factors such as vintage, product, geography, origination date, maturity date, loan to value ratio, property type, industry sector, and outstanding loan balance when selecting exposures.

2.   The retainer shall not designate different individual exposures as retained exposures at different points in time, unless this is necessary to fulfil the retention requirement in relation to a securitisation in which the securitised exposures fluctuate over time, either due to new exposures being added to the securitisation or to changes in the level of the individual securitised exposures.
Retention option (d): retention of the first loss tranche1.   The retention of the first loss tranche in accordance with point (d) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 shall be fulfilled by either on-balance sheet or off-balance sheet positions and may also be fulfilled by any of the following:

(a)

provision of a contingent form of retention as referred to in Article 1(1)(c) or of a liquidity facility in the context of an ABCP programme, which fulfils the following criteria:

(i)

it covers at least 5 % of the nominal value of the securitised exposures;

(ii)

it constitutes a first loss position in relation to the securitisation;

(iii)

it covers the credit risk for the entire duration of the retention commitment;

(iv)

it is provided by the originator, sponsor or original lender in the securitisation;

(v)

the institution becoming exposed to such securitisation has been given access to appropriate information to enable it to verify that points (i), (ii), (iii) and (iv) are complied with;

(b)

overcollateralisation, as a form of credit enhancement, if that overcollateralisation acts as a ‘first loss’ retention of no less than 5 % of the nominal value of the tranches issued by the securitisation.

2.   Where the first loss tranche exceeds 5 % of the nominal value of the securitised exposures, it shall be possible for the retainer to only retain a portion of such first loss tranche, where this portion is equivalent to at least 5 % of the nominal value of the securitised exposures.

3.   For the fulfilment of the risk retention requirement at a securitisation scheme level institutions shall not take into account the existence of underlying transactions in which the originators or original lenders retain a first loss exposure at the transaction-specific level.
Retention option (e): retention of a first loss in every securitised exposure1.   The retention of a first loss exposure at the level of every securitised exposure in accordance with point (e) of the second subparagraph of Article 405(1) shall be applied so that the credit risk retained is always subordinated to the credit risk that has been securitised in relation to those same exposures.

2.   The retention referred to in paragraph 1 may be fulfilled by the sale at a discounted value of the underlying exposures by the originator or original lender, where the amount of the discount is not less than 5 % of the nominal value of each exposure and where the discounted sale amount is only refundable to the originator or original lender where it is not absorbed by losses related to the credit risk associated to the securitised exposures.
Measurement of the level of retention1.   Where measuring the level of retention of net economic interest, the following criteria shall be applied:

(a)

origination shall be considered as the time at which the exposures were first securitised;

(b)

the calculation of the level of retention shall be based on nominal values and the acquisition price of assets shall not be taken into account;

(c)

‘excess spread’ as defined in Article 242(1) of Regulation (EU) No 575/2013 shall not be taken into account when measuring the retainer’s net economic interest;

(d)

the same retention option and methodology shall be used to calculate the net economic interest during the life of a securitisation transaction, unless exceptional circumstances require a change and that change is not used as a means to reduce the amount of retained interest.

2.   In addition to the criteria set out in paragraph 1, provided that there is no embedded mechanism by which the retained interest at origination would decline faster than the interest transferred, the fulfilment of the retention requirement shall not be deemed to have been affected by the amortisation of the retention via cash flow allocation or through the allocation of losses, which, in effect, reduce the level of retention over time. A retainer shall not be required to constantly replenish or readjust its retained interest to at least 5 % as losses are realised on its exposures or allocated to its retained position.
Measurement of retention for the undrawn amounts in exposures in the form of credit facilitiesThe calculation of the net economic interest to be retained for credit facilities, including credit cards, shall be based only on amounts already drawn, realised or received and shall be adjusted in accordance with changes to those amounts.
Prohibition of hedging or selling the retained interest1.   The obligation in the third subparagraph of Article 405(1) of Regulation (EU) No 575/2013 not to subject the retained net economic interest to any credit risk mitigation, short positions, other hedge or sale shall be applied having regard to the purpose of the retention requirement and taking account of the economic substance of the transaction. Hedges of the net economic interest shall not be considered to be a hedge for the purposes of the third subparagraph of Article 405(1) of Regulation (EU) No 575/2013 and may accordingly be permitted only where they do not hedge the retainer against the credit risk of either the retained securitisation positions or the retained exposures.

2.   The retainer may use any retained exposures or securitisation positions as collateral for secured funding purposes, as long as such use does not transfer the credit risk of these retained exposures or securitisation positions to a third party.
Exemptions to Article 405(1) of Regulation (EU) No 575/2013The transactions referred to in Article 405(4) of Regulation (EU) No 575/2013 shall include securitisation positions in the correlation trading portfolio which are reference instruments satisfying the criterion in Article 338(1)(b) of Regulation (EU) No 575/2013 or are eligible for inclusion in the correlation trading portfolio.
Retention on a consolidated basisAn institution satisfying the retention requirement on the basis of the consolidated situation of the related EU parent credit institution, EU financial holding company, or EU mixed financial holding company in accordance with Article 405(2) of Regulation (EU) No 575/2013 shall, in the case the retainer is no longer included in the scope of supervision on a consolidated basis, ensure that one or more of the remaining entities included in the scope of supervision on a consolidated basis assumes exposure to the securitisation so as to ensure ongoing fulfilment of the requirement.
Outsourcing and other general considerations1.   Where there is no available information on the specific exposures to be securitised, including where exposures accumulate before their securitisation or whether they may be substituted into an existing revolving securitisation, an institution is deemed to fulfil its due diligence obligations referred to in Article 406 of Regulation (EU) No 575/2013, for each of its individual securitisation positions on the basis of the relevant eligibility criteria for such exposures.

2.   When outsourcing certain tasks of the process for the fulfilment of the obligations set out in Article 406 of Regulation (EU) No 575/2013, including record keeping, institutions becoming exposed to the risks of a securitisation shall retain full control of that process.
Specification of risk characteristics and structural features1.   The risk characteristics of the individual securitisation position referred to in Article 406(1)(b) of Regulation (EU) No 575/2013 shall include the following most appropriate and material characteristics, such as:

(a)

tranche seniority level;

(b)

cash flow profile;

(c)

any existing rating;

(d)

historical performance of similar tranches;

(e)

obligations related to the tranches included in the documentation relating to the securitisation;

(f)

credit enhancement.

2.   The risk characteristics of the exposures underlying the securitisation position referred to in Article 406(1)(c) of Regulation (EU) No 575/2013 shall include the most appropriate and material characteristics, including the performance information referred to in Article 406(2) of Regulation (EU) No 575/2013 in relation to residential mortgage exposures. Institutions shall identify appropriate and comparable metrics for analysing the risk characteristics of other asset classes.

3.   Additional structural features as referred to in Article 406(1)(g) of Regulation (EU) No 575/2013 shall include derivative instruments, guarantees, letter of credits and other similar forms of credit support.
Frequency of reviewInstitutions shall review their compliance with Article 406 of Regulation (EU) No 575/2013 after becoming exposed to a securitisation positions at least annually and more frequently, as soon as institutions become aware of a breach of the obligations included in the documentation relating to the securitisation or of a material change in any of the following:

(a)

structural features that can materially impact on the performance of the securitisation position;

(b)

the risk characteristics of the securitisation positions and of the underlying exposures.
Stress Tests1.   The stress tests referred to in the second subparagraph of Article 406(1) of Regulation (EU) No 575/2013, shall include all relevant securitisation positions and shall be incorporated into the stress testing strategies and processes that the institutions carry out in accordance with the internal capital adequacy assessment process specified in Article 73 of the Directive 2013/36/EU of the European Parliament and of the Council(4).

2.   In order to fulfil the stress testing requirements referred to in the second subparagraph of Article 406(1) of Regulation (EU) No 575/2013, institutions may make use of comparable financial models developed by third parties, in addition to those developed by ECAIs, provided that they can demonstrate, when requested that they took due care, prior to investing to validate the relevant assumptions in and structuring of the models and to understand methodology, assumptions and results.

3.   When conducting the stress tests referred to in Article 406(1) of Regulation (EU) No 575/2013 within an ABCP programme as referred to in Article 242(9) of Regulation (EU) No 575/2013, which is supported by a liquidity facility which fully covers the credit risk of the securitised exposures, institutions may carry out a stress test on the creditworthiness of the liquidity facility provider rather than on the securitised exposures.
Exposures in the trading book and non-trading book1.   The holding of a securitisation position in the trading or non-trading book respectively shall not represent a sufficient justification in itself for the application of different policies and procedures or a different intensity of review to fulfil the due diligence obligations referred to in Article 406 of Regulation (EU) No 575/2013. In determining whether different policies and procedures or a different intensity of review shall be applied, all relevant factors materially impacting the risk profile of each of the books and of the relevant securitisation positions shall be considered, including the size of the positions, the impact on the institution’s capital base during a period of stress, and the concentration of risk in one specific transaction, issuer, or asset class.

2.   Institutions shall ensure that any material change increasing the risk profile of the securitisation positions in their trading book and non-trading book is reflected by an appropriate change in their due diligence procedures as regards those securitisation positions. In this regard, institutions shall identify in their formal trading book and non-trading book policies and procedures the circumstances which would trigger a review of the due diligence obligations.
Positions in the correlation trading portfolioArticle 406 of the Regulation (EU) No 575/2013 shall be deemed to be complied with where the following conditions are fulfilled:

(a)

securitisation positions are either held in the correlation trading portfolio and are reference instruments as referred to in Article 338(1)(b) of that Regulation or are eligible for inclusion in the correlation trading portfolio;

(b)

the institution complies with Article 377 of that Regulation with regard to calculating the own funds requirements in relation to its correlation trading portfolio;

(c)

the institution’s approach to calculating own funds in relation to its trading portfolio results in a comprehensive and thorough understanding of the risk profile of its investment in the securitisation positions;

(d)

the institution has implemented formal policies and procedures appropriate to its correlation trading portfolio and commensurate with the risk profile of its investments in the corresponding securitised positions, for analysing and recording the relevant information referred to in Article 406(1) of Regulation (EU) No 575/2013.
Policies for credit granting1.   The fulfilment of the obligation referred to in Article 408 of Regulation (EU) No 575/2013 by originator or sponsor institutions shall not imply that borrower types and loan products must be the same for securitised and non-securitised exposures.

2.   Where sponsor and originator institutions have not been engaged in the original credit-granting of exposures to be securitised, or are not active in the credit-granting of the specific types of exposures to be securitised, those institutions shall obtain all the necessary information to assess whether the criteria applied in the credit-granting for those exposures are as sound and well-defined as the criteria applied to non-securitised exposures.
Disclosure of the level of the commitment to maintain a net economic interest1.   The retainer shall, pursuant to Article 409 of Regulation (EU) No 575/2013, disclose to investors at least the following information regarding the level of its commitment to maintain a net economic interest in the securitisation:

(a)

confirmation of the retainer’s identity and of whether it retains as originator, sponsor or original lender;

(b)

whether the modalities provided for in points (a), (b), (c), (d) or (e) of the second subparagraph of Article 405(1) of Regulation (EU) No 575/2013 has been applied to retain a net economic interest;

(c)

any change to the modality to retain a net economic interest as referred to in point (b) in accordance with Article 10(1)(d);

(d)

confirmation of the level of retention at origination and of the commitment to retain on an on-going basis, which shall relate only to the continuation of fulfilment of the original obligation and shall not require data on the current nominal or market value, or on any impairments or write-downs on the retained interest.

2.   Where the exemptions referred to in paragraph 3 or 4 of Article 405 of Regulation (EU) No 575/2013 apply to a securitisation transaction, institutions acting as originator, sponsor or original lender shall disclose information on the applicable exemption to investors.

3.   The disclosure referred to in paragraphs 1 and 2 shall be appropriately documented and made publicly available, except in bilateral or private transactions where private disclosure is considered by the parties to be sufficient. The inclusion of a statement on the retention commitment in the prospectus for the securities issued under the securitisation programme shall be considered an appropriate means of fulfilling the requirement.

4.   The disclosure shall also be confirmed after origination with the same regularity as the reporting frequency of the transaction, at least annually and in any of the following circumstances:

(a)

where a breach of the retention commitment referred to in Article 405(1) of Regulation (EU) No 575/2013 occurs;

(b)

where the performance of the securitisation position or the risk characteristics of the securitisation or of the underlying exposures materially change;

(c)

following a breach of the obligations included in the documentation relating to the securitisation.
Disclosure of materially relevant data1.   Originators, sponsors and original lenders shall ensure that materially relevant data under Article 409 of Regulation (EU) No 575/2013 is readily accessible to investors, without excessive administrative burden.

2.   The appropriate disclosure referred to in Article 409 of Regulation (EU) No 575/2013 shall be done at least annually and in the following circumstances:

(a)

where the performance of the securitisation position or the risk characteristics of the securitisation or of the underlying exposures materially change;

(b)

following a breach of the obligations included in the documentation relating to the securitisation;

(c)

In order for data to be considered to be materially relevant with regard to the individual underlying exposures, it shall, in general, be provided on a loan-by-loan basis, however there are instances where the data may be provided on an aggregate basis. In assessing whether aggregate information is sufficient, factors to be taken into account shall include the granularity of the underlying pool and whether the management of the exposures in that pool is based on the pool itself or on a loan-by-loan basis.

3.   The disclosure requirement shall be subject to any other legal or regulatory requirements applicable to the retainer.
Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication inthe Official Journal of the European Union.

Pending: 32014R0604

                                January 16, 2026                            

6.6.2014
EN
Official Journal of the European Union
L 167/30

(1)
Directive 2013/36/EU, and in particular Article 74 thereof, requires institutions to have robust governance arrangements and effective processes to identify, manage, monitor and report the risks that they are or might be exposed to. These arrangements and processes are to be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution's activities. They must take into account, amongst others, the specific risks identified in Articles 79 to 87 of that Directive. The arrangements and processes are evaluated by competent authorities as part of the supervisory review and evaluation process pursuant to Article 97 of that Directive. The risks identified are considered by institutions within the internal capital adequacy assessment process pursuant to Article 73 of that Directive.

(2)
The framework for prudential supervision established by Directive 2013/36/EU requires that all institutions identify all members of staff whose professional activities have a material impact on the institution's risk profile. The criteria that are used to assess the materiality of the influence of the professional activities of staff on the risk profile should take into account the potential impact of staff on the institution's risk profile based on their authority and responsibilities and the institution's risk and performance indicators. The institution's internal organisation and the nature, scope and complexity of its activities should be taken into account in the assessment. The criteria should fully reflect all risks to which the institution or group is or may be exposed. This should also enable institutions to set proper incentives within the remuneration policy to ensure the prudent behaviour of staff and should ensure that the identification of those members of staff whose professional activities have a material impact on the institution's risk profile reflects the level of risk of different activities within the institution.

(3)
In 2012, the European Banking Authority (EBA) published the results of a survey on national implementation and the practical application of the guidelines issued by the Committee of European Banking Supervisors on remuneration policies and practices (the CEBS Guidelines), which contained general criteria for the assessment of the materiality of the influence of staff on the institution's risk profile. The survey showed that the implementation by institutions and competent authorities of the remuneration provisions laid down in Directive 2006/48/EC of the European Parliament and of the Council(2)did not result in a sufficient degree of harmonisation. The range of remuneration practices remained inappropriately broad and, in particular, the criteria used to identify staff did not always sufficiently consider the impact of staff's professional activities on the institution's risk profile. Significant discrepancies remained in the approaches taken by different institutions and Member States to identify those staff. These regulatory technical standards should therefore build on the experience gathered in applying Directive 2006/48/EC and the CEBS Guidelines and aim to achieve a higher level of harmonisation. EBA will issue new guidelines on sound remuneration policies which comply with the principles set out in Directive 2013/36/EU, pursuant to Article 75(2) of that Directive.

(4)
A set of clear qualitative and appropriate quantitative criteria should be established in order to identify the core categories of staff whose professional activities have a material impact on an institution's risk profile, ensuring a harmonised approach across the Union and covering a common set of the most relevant risks. In accordance with Article 94(2) of Directive 2013/36/EU, all the categories of staff identified by those criteria must be of staff whose professional activities have a material impact on an institution's risk profile. Institutions should also take into account the results of their own risk assessments within their internal procedures. Competent authorities should ensure a complete identification of all staff whose professional activities have a material impact on an institution's risk profile.

(5)
Members of the management body have the ultimate responsibility for the institution, its strategy and activities and therefore are always able to have a material impact on the institution's risk profile. This applies both to the members of the management body in its management function who take decisions and to members of the supervisory function who oversee the decision making process and challenge decisions made.

(6)
The senior management and senior staff responsible for material business units, for management of specific risk categories such as liquidity, operational or interest rate risk, and for control functions within an institution are responsible for the day-to-day management of the business, its risks, or its control functions. This includes the responsibility for making strategic or other fundamental decisions on the business's activities or the control framework applied. The risks taken by the business and the way they are managed are the most important factors for the institution's risk profile.

(7)
In addition to those responsible for creating additional business, functions responsible for providing internal support which are crucial to the operation of the business and have authority to take decisions in those areas expose the institution to material operational and other risks. Therefore the professional activities of staff members in such functions also have a material impact on the institution's risk profile.

(8)
Credit risk and market risk are typically entered into in order to generate business, therefore the impact of the activities generating those risks on the risk profile can be assessed using criteria based on limits of authority which are calculated at least annually on the basis of capital figures and approaches used for regulatory purposes, while applying ade minimisthreshold for credit risks to ensure the proportionate application of the criteria within small institutions.

(9)
The criteria to identify staff whose professional activities have a material impact on the institution's risk profile should take account of the facts that the requirements relating to the trading book can be waived for some institutions under Regulation (EU) No 575/2013 of the European Parliament and of the Council(3)and that limits are set in different ways between institutions using different approaches for the calculation of the capital requirements.

(10)
Considering that the outcome of decisions is often influenced by the staff initiating the decision while the formal decision making power rests with more senior staff or committees, the criteria should take into account the material elements in such decision-making processes.

(11)
Staff in a managerial position are responsible for the business activities in the area under their management. Therefore, appropriate criteria should ensure that members of staff are identified as having a material impact on the institution's risk profile where they are responsible for groups of staff whose activities could have a material impact on the institution's risk profile. This includes situations where the activities of individual staff members under their management do not individually have a material impact on the institution's risk profile but the overall scale of their activities could have such an impact.

(12)
In addition to the qualitative criteria, appropriate quantitative criteria should be established to identify categories of staff whose professional activities have a material impact on the institution's risk profile. Total remuneration awarded depends principally on the contribution that staff make to the successful achievement of the institution's business objectives and therefore on the responsibilities, duties, abilities and skills of staff and the performance of staff and the institution. Where a member of staff is awarded total remuneration which exceeds an appropriate threshold, it is reasonable to presume that this is linked to the staff member's contribution to the institution's business objectives and to the impact of the staff member's professional activities on the risk profile of the institution. Accordingly, it is appropriate to base those quantitative criteria on the total remuneration a member of staff receives, both in absolute terms and relative to other members of staff within the same institution. In applying those quantitative criteria, account should, where appropriate, be taken of the fact that payment levels differ across jurisdictions. Clear and appropriate thresholds should be established to identify staff whose professional activities have a material impact on the institution's risk profile, taking into account the data collected by EBA and by competent authorities. These quantitative criteria form a strong presumption that staff have a material impact on the institution's risk profile. However, such presumptions based on quantitative criteria should not apply where institutions establish on the basis of additional objective conditions that staff do not in fact have a material impact on the institution's risk profile, taking into account all risks to which the institution is or may be exposed. The exclusion of the highest earning staff identified under these criteria should be subject to the approval of the competent authority to ensure effective and consistent application of those criteria. For staff awarded more than EUR 1 000 000 (high earners) competent authorities should inform EBA before exclusions are approved to ensure the coherent application of those criteria, in particular in such exceptional circumstances. The identification process, including the application of exclusions, should nevertheless always be subject to supervisory review in accordance with Article 92(2) of Directive 2013/36/EU.

(13)
The fact that staff members are in the same remuneration bracket as senior management or risk takers may also be an indicator that the staff member's professional activities have a material impact on the institution's risk profile. When establishing the bracket, the remuneration paid to staff in control functions, support functions and members of the management body in the supervisory function should not be taken into account. In the application of this criterion, account should also be taken of the fact that payment levels differ across jurisdictions. Institutions should be allowed to demonstrate that staff who fall within that remuneration bracket, but do not meet any of the qualitative or other quantitative criteria, do not have a material impact on the institution's risk profile, taking into account all risks to which the institution is or may be exposed. The exclusion of staff with a high level of total remuneration from this criterion should be subject to a notification procedure to allow for a timely supervisory review, in order to ensure consistent application of this criterion.

(14)
Competent authorities should ensure that institutions maintain a record of the assessment made and of the staff whose professional activities have been identified as having a material impact on their risk profile to enable the competent authority and auditors to review the assessment. The documentation should also include staff who have been identified under criteria based on their remuneration but for whom the professional activities are assessed as not having a material impact on the institution's risk profile.

(15)
This Regulation is based on the draft regulatory technical standards submitted by EBA to the Commission.

(16)
EBA has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(4),

(1)
the staff member is a member of the management body in its management function;

(2)
the staff member is a member of the management body in its supervisory function;

(3)
the staff member is a member of the senior management;

(4)
the staff member is responsible and accountable to the management body for the activities of the independent risk management function, compliance function or internal audit function;

(5)
the staff member has overall responsibility for risk management within a business unit as defined in Article 142(1)(3) of Regulation (EU) No 575/2013 which has had internal capital distributed to it in accordance with Article 73 of Directive 2013/36/EU that represents at least 2 % of the internal capital of the institution (a ‘material business unit’);

(6)
the staff member heads a material business unit;

(7)
the staff member has managerial responsibility in one of the functions referred to in point (4) or in a material business unit and reports directly to a staff member identified pursuant to point (4) or (5);

(8)
the staff member has managerial responsibility in a material business unit and reports directly to the staff member who heads that unit;

(9)
the staff member heads a function responsible for legal affairs, finance including taxation and budgeting, human resources, remuneration policy, information technology, or economic analysis;

(10)
the staff member is responsible for, or is a member of, a committee responsible for the management of a risk category provided for in Articles 79 to 87 of Directive 2013/36/EU other than credit risk and market risk;

(11)
with regard to credit risk exposures of a nominal amount per transaction which represents 0.5 % of the institution's Common Equity Tier 1 capital and is at least EUR 5 million, the staff member:(a)is responsible for initiating credit proposals, or structuring credit products, which can result in such credit risk exposures; or(b)has authority to take, approve or veto a decision on such credit risk exposures; or(c)is a member of a committee which has authority to take the decisions referred to in point (a) or (b);
(a)
is responsible for initiating credit proposals, or structuring credit products, which can result in such credit risk exposures; or
(b)
has authority to take, approve or veto a decision on such credit risk exposures; or
(c)
is a member of a committee which has authority to take the decisions referred to in point (a) or (b);

(a)
is responsible for initiating credit proposals, or structuring credit products, which can result in such credit risk exposures; or

(b)
has authority to take, approve or veto a decision on such credit risk exposures; or

(c)
is a member of a committee which has authority to take the decisions referred to in point (a) or (b);

(a)
is responsible for initiating credit proposals, or structuring credit products, which can result in such credit risk exposures; or

(b)
has authority to take, approve or veto a decision on such credit risk exposures; or

(c)
is a member of a committee which has authority to take the decisions referred to in point (a) or (b);

(12)
in relation to an institution to which the derogation for small trading book business provided for in Article 94 of Regulation (EU) No 575/2013 does not apply, the staff member:(a)has authority to take, approve or veto a decision on transactions on the trading book which in aggregate meet one of the following thresholds:(i)where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or(ii)where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or(b)is a member of a committee which has authority to take decisions set out in point (a);
(a)
has authority to take, approve or veto a decision on transactions on the trading book which in aggregate meet one of the following thresholds:(i)where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or(ii)where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or
(i)
where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or
(ii)
where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or
(b)
is a member of a committee which has authority to take decisions set out in point (a);

(a)
has authority to take, approve or veto a decision on transactions on the trading book which in aggregate meet one of the following thresholds:(i)where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or(ii)where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or
(i)
where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or
(ii)
where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(i)
where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or

(ii)
where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(b)
is a member of a committee which has authority to take decisions set out in point (a);

(a)
has authority to take, approve or veto a decision on transactions on the trading book which in aggregate meet one of the following thresholds:(i)where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or(ii)where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or
(i)
where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or
(ii)
where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(i)
where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or

(ii)
where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(i)
where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution's Common Equity Tier 1 capital; or

(ii)
where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(b)
is a member of a committee which has authority to take decisions set out in point (a);

(13)
the staff member has managerial responsibility for a group of staff members who have individual authorities to commit the institution to transactions and either of the following conditions is met:(a)the sum of those authorities equals or exceeds a threshold set out in point 11(a), point 11(b) or point 12(a)(i);(b)where an internal model-based approach is approved for regulatory purposes those authorities amount to 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval). Where the institution does not calculate a value-at-risk at the level of that staff member the value-at-risk limits of staff under the management of this staff member shall be added up;
(a)
the sum of those authorities equals or exceeds a threshold set out in point 11(a), point 11(b) or point 12(a)(i);
(b)
where an internal model-based approach is approved for regulatory purposes those authorities amount to 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval). Where the institution does not calculate a value-at-risk at the level of that staff member the value-at-risk limits of staff under the management of this staff member shall be added up;

(a)
the sum of those authorities equals or exceeds a threshold set out in point 11(a), point 11(b) or point 12(a)(i);

(b)
where an internal model-based approach is approved for regulatory purposes those authorities amount to 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval). Where the institution does not calculate a value-at-risk at the level of that staff member the value-at-risk limits of staff under the management of this staff member shall be added up;

(a)
the sum of those authorities equals or exceeds a threshold set out in point 11(a), point 11(b) or point 12(a)(i);

(b)
where an internal model-based approach is approved for regulatory purposes those authorities amount to 5 % or more of the institution's internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval). Where the institution does not calculate a value-at-risk at the level of that staff member the value-at-risk limits of staff under the management of this staff member shall be added up;

(14)
with regard to decisions to approve or veto the introduction of new products, the staff member:(a)has the authority to take such decisions; or(b)is a member of a committee which has authority to take such decisions;
(a)
has the authority to take such decisions; or
(b)
is a member of a committee which has authority to take such decisions;

(a)
has the authority to take such decisions; or

(b)
is a member of a committee which has authority to take such decisions;

(a)
has the authority to take such decisions; or

(b)
is a member of a committee which has authority to take such decisions;

(15)
the staff member has managerial responsibility for a staff member who meets one of the criteria set out in points (1) to (14).

(a)
the staff member has been awarded total remuneration of EUR 500 000 or more in the preceding financial year;

(b)
the staff member is within the 0.3 % of the number of staff, rounded up to the next integer, who have been awarded the highest total remuneration in the preceding financial year;

(c)
the staff member was in the preceding financial year awarded total remuneration that is equal to or greater than the lowest total remuneration awarded in that financial year to a member of senior management or meets any of the criteria in points (1), (3), (5), (6), (8), (11), (12), (13) or (14) of Article 3.

(a)
only carries out professional activities and has authorities in a business unit which is not a material business unit; or

(b)
has no material impact on the risk profile of a material business unit through the professional activities carried out.

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC(1), and in particular Article 94(2) thereof,

(1) Directive 2013/36/EU, and in particular Article 74 thereof, requires institutions to have robust governance arrangements and effective processes to identify, manage, monitor and report the risks that they are or might be exposed to. These arrangements and processes are to be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution’s activities. They must take into account, amongst others, the specific risks identified in Articles 79 to 87 of that Directive. The arrangements and processes are evaluated by competent authorities as part of the supervisory review and evaluation process pursuant to Article 97 of that Directive. The risks identified are considered by institutions within the internal capital adequacy assessment process pursuant to Article 73 of that Directive.

(2) The framework for prudential supervision established by Directive 2013/36/EU requires that all institutions identify all members of staff whose professional activities have a material impact on the institution’s risk profile. The criteria that are used to assess the materiality of the influence of the professional activities of staff on the risk profile should take into account the potential impact of staff on the institution’s risk profile based on their authority and responsibilities and the institution’s risk and performance indicators. The institution’s internal organisation and the nature, scope and complexity of its activities should be taken into account in the assessment. The criteria should fully reflect all risks to which the institution or group is or may be exposed. This should also enable institutions to set proper incentives within the remuneration policy to ensure the prudent behaviour of staff and should ensure that the identification of those members of staff whose professional activities have a material impact on the institution’s risk profile reflects the level of risk of different activities within the institution.

(3) In 2012, the European Banking Authority (EBA) published the results of a survey on national implementation and the practical application of the guidelines issued by the Committee of European Banking Supervisors on remuneration policies and practices (the CEBS Guidelines), which contained general criteria for the assessment of the materiality of the influence of staff on the institution’s risk profile. The survey showed that the implementation by institutions and competent authorities of the remuneration provisions laid down in Directive 2006/48/EC of the European Parliament and of the Council(2)did not result in a sufficient degree of harmonisation. The range of remuneration practices remained inappropriately broad and, in particular, the criteria used to identify staff did not always sufficiently consider the impact of staff’s professional activities on the institution’s risk profile. Significant discrepancies remained in the approaches taken by different institutions and Member States to identify those staff. These regulatory technical standards should therefore build on the experience gathered in applying Directive 2006/48/EC and the CEBS Guidelines and aim to achieve a higher level of harmonisation. EBA will issue new guidelines on sound remuneration policies which comply with the principles set out in Directive 2013/36/EU, pursuant to Article 75(2) of that Directive.

(4) A set of clear qualitative and appropriate quantitative criteria should be established in order to identify the core categories of staff whose professional activities have a material impact on an institution’s risk profile, ensuring a harmonised approach across the Union and covering a common set of the most relevant risks. In accordance with Article 94(2) of Directive 2013/36/EU, all the categories of staff identified by those criteria must be of staff whose professional activities have a material impact on an institution’s risk profile. Institutions should also take into account the results of their own risk assessments within their internal procedures. Competent authorities should ensure a complete identification of all staff whose professional activities have a material impact on an institution’s risk profile.

(5) Members of the management body have the ultimate responsibility for the institution, its strategy and activities and therefore are always able to have a material impact on the institution’s risk profile. This applies both to the members of the management body in its management function who take decisions and to members of the supervisory function who oversee the decision making process and challenge decisions made.

(6) The senior management and senior staff responsible for material business units, for management of specific risk categories such as liquidity, operational or interest rate risk, and for control functions within an institution are responsible for the day-to-day management of the business, its risks, or its control functions. This includes the responsibility for making strategic or other fundamental decisions on the business’s activities or the control framework applied. The risks taken by the business and the way they are managed are the most important factors for the institution’s risk profile.

(7) In addition to those responsible for creating additional business, functions responsible for providing internal support which are crucial to the operation of the business and have authority to take decisions in those areas expose the institution to material operational and other risks. Therefore the professional activities of staff members in such functions also have a material impact on the institution’s risk profile.

(8) Credit risk and market risk are typically entered into in order to generate business, therefore the impact of the activities generating those risks on the risk profile can be assessed using criteria based on limits of authority which are calculated at least annually on the basis of capital figures and approaches used for regulatory purposes, while applying ade minimisthreshold for credit risks to ensure the proportionate application of the criteria within small institutions.

(9) The criteria to identify staff whose professional activities have a material impact on the institution’s risk profile should take account of the facts that the requirements relating to the trading book can be waived for some institutions under Regulation (EU) No 575/2013 of the European Parliament and of the Council(3)and that limits are set in different ways between institutions using different approaches for the calculation of the capital requirements.

(10) Considering that the outcome of decisions is often influenced by the staff initiating the decision while the formal decision making power rests with more senior staff or committees, the criteria should take into account the material elements in such decision-making processes.

(11) Staff in a managerial position are responsible for the business activities in the area under their management. Therefore, appropriate criteria should ensure that members of staff are identified as having a material impact on the institution’s risk profile where they are responsible for groups of staff whose activities could have a material impact on the institution’s risk profile. This includes situations where the activities of individual staff members under their management do not individually have a material impact on the institution’s risk profile but the overall scale of their activities could have such an impact.

(12) In addition to the qualitative criteria, appropriate quantitative criteria should be established to identify categories of staff whose professional activities have a material impact on the institution’s risk profile. Total remuneration awarded depends principally on the contribution that staff make to the successful achievement of the institution’s business objectives and therefore on the responsibilities, duties, abilities and skills of staff and the performance of staff and the institution. Where a member of staff is awarded total remuneration which exceeds an appropriate threshold, it is reasonable to presume that this is linked to the staff member’s contribution to the institution’s business objectives and to the impact of the staff member’s professional activities on the risk profile of the institution. Accordingly, it is appropriate to base those quantitative criteria on the total remuneration a member of staff receives, both in absolute terms and relative to other members of staff within the same institution. In applying those quantitative criteria, account should, where appropriate, be taken of the fact that payment levels differ across jurisdictions. Clear and appropriate thresholds should be established to identify staff whose professional activities have a material impact on the institution’s risk profile, taking into account the data collected by EBA and by competent authorities. These quantitative criteria form a strong presumption that staff have a material impact on the institution’s risk profile. However, such presumptions based on quantitative criteria should not apply where institutions establish on the basis of additional objective conditions that staff do not in fact have a material impact on the institution’s risk profile, taking into account all risks to which the institution is or may be exposed. The exclusion of the highest earning staff identified under these criteria should be subject to the approval of the competent authority to ensure effective and consistent application of those criteria. For staff awarded more than EUR 1 000 000 (high earners) competent authorities should inform EBA before exclusions are approved to ensure the coherent application of those criteria, in particular in such exceptional circumstances. The identification process, including the application of exclusions, should nevertheless always be subject to supervisory review in accordance with Article 92(2) of Directive 2013/36/EU.

(13) The fact that staff members are in the same remuneration bracket as senior management or risk takers may also be an indicator that the staff member’s professional activities have a material impact on the institution’s risk profile. When establishing the bracket, the remuneration paid to staff in control functions, support functions and members of the management body in the supervisory function should not be taken into account. In the application of this criterion, account should also be taken of the fact that payment levels differ across jurisdictions. Institutions should be allowed to demonstrate that staff who fall within that remuneration bracket, but do not meet any of the qualitative or other quantitative criteria, do not have a material impact on the institution’s risk profile, taking into account all risks to which the institution is or may be exposed. The exclusion of staff with a high level of total remuneration from this criterion should be subject to a notification procedure to allow for a timely supervisory review, in order to ensure consistent application of this criterion.

(14) Competent authorities should ensure that institutions maintain a record of the assessment made and of the staff whose professional activities have been identified as having a material impact on their risk profile to enable the competent authority and auditors to review the assessment. The documentation should also include staff who have been identified under criteria based on their remuneration but for whom the professional activities are assessed as not having a material impact on the institution’s risk profile.

(15) This Regulation is based on the draft regulatory technical standards submitted by EBA to the Commission.

(16) EBA has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(4),

HAS ADOPTED THIS REGULATION:
Subject matter and scope

Article 1

This Regulation establishes regulatory technical standards with respect to qualitative and appropriate quantitative criteria to identify categories of staff whose professional activities have a material impact on an institution’s risk profile, as referred to in Article 92(2) of Directive 2013/36/EU, at group, parent company and subsidiary levels, including institutions established in offshore financial centres.
Application of the criteria

Article 2

Without prejudice to the obligation imposed on the competent authority to ensure that institutions comply with the principles set out in Articles 92, 93 and 94 of Directive 2013/36/EU for all categories of staff whose professional activities have a material impact on an institution’s risk profile pursuant to Article 92(2) of that Directive, staff who meet any of the qualitative criteria set out in Article 3 of this Regulation or any of the quantitative criteria in Article 4 of this Regulation shall be identified as having a material impact on an institution’s risk profile.
Qualitative criteria

Article 3

Staff shall be deemed to have a material impact on an institution’s risk profile where any of the following qualitative criteria are met:

(1)

the staff member is a member of the management body in its management function;

(2)

the staff member is a member of the management body in its supervisory function;

(3)

the staff member is a member of the senior management;

(4)

the staff member is responsible and accountable to the management body for the activities of the independent risk management function, compliance function or internal audit function;

(5)

the staff member has overall responsibility for risk management within a business unit as defined in Article 142(1)(3) of Regulation (EU) No 575/2013 which has had internal capital distributed to it in accordance with Article 73 of Directive 2013/36/EU that represents at least 2 % of the internal capital of the institution (a ‘material business unit’);

(6)

the staff member heads a material business unit;

(7)

the staff member has managerial responsibility in one of the functions referred to in point (4) or in a material business unit and reports directly to a staff member identified pursuant to point (4) or (5);

(8)

the staff member has managerial responsibility in a material business unit and reports directly to the staff member who heads that unit;

(9)

the staff member heads a function responsible for legal affairs, finance including taxation and budgeting, human resources, remuneration policy, information technology, or economic analysis;

(10)

the staff member is responsible for, or is a member of, a committee responsible for the management of a risk category provided for in Articles 79 to 87 of Directive 2013/36/EU other than credit risk and market risk;

(11)

with regard to credit risk exposures of a nominal amount per transaction which represents 0.5 % of the institution’s Common Equity Tier 1 capital and is at least EUR 5 million, the staff member:

(a)

is responsible for initiating credit proposals, or structuring credit products, which can result in such credit risk exposures; or

(b)

has authority to take, approve or veto a decision on such credit risk exposures; or

(c)

is a member of a committee which has authority to take the decisions referred to in point (a) or (b);

(12)

in relation to an institution to which the derogation for small trading book business provided for in Article 94 of Regulation (EU) No 575/2013 does not apply, the staff member:

(a)

has authority to take, approve or veto a decision on transactions on the trading book which in aggregate meet one of the following thresholds:

(i)

where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution’s Common Equity Tier 1 capital; or

(ii)

where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution’s internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(b)

is a member of a committee which has authority to take decisions set out in point (a);

(13)

the staff member has managerial responsibility for a group of staff members who have individual authorities to commit the institution to transactions and either of the following conditions is met:

(a)

the sum of those authorities equals or exceeds a threshold set out in point 11(a), point 11(b) or point 12(a)(i);

(b)

where an internal model-based approach is approved for regulatory purposes those authorities amount to 5 % or more of the institution’s internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval). Where the institution does not calculate a value-at-risk at the level of that staff member the value-at-risk limits of staff under the management of this staff member shall be added up;

(14)

with regard to decisions to approve or veto the introduction of new products, the staff member:

(a)

has the authority to take such decisions; or

(b)

is a member of a committee which has authority to take such decisions;

(15)

the staff member has managerial responsibility for a staff member who meets one of the criteria set out in points (1) to (14).
Quantitative criteria

Article 4

1.   Subject to paragraphs 2 to 5, staff shall be deemed to have a material impact on an institution’s risk profile where any of the following quantitative criteria are met:

(a)

the staff member has been awarded total remuneration of EUR 500 000 or more in the preceding financial year;

(b)

the staff member is within the 0.3 % of the number of staff, rounded up to the next integer, who have been awarded the highest total remuneration in the preceding financial year;

(c)

the staff member was in the preceding financial year awarded total remuneration that is equal to or greater than the lowest total remuneration awarded in that financial year to a member of senior management or meets any of the criteria in points (1), (3), (5), (6), (8), (11), (12), (13) or (14) of Article 3.

2.   A criterion set out in paragraph 1 shall not be deemed to be met where the institution determines that the professional activities of the staff member do not have a material impact on the institution’s risk profile because the staff member, or the category of staff to which the staff member belongs:

(a)

only carries out professional activities and has authorities in a business unit which is not a material business unit; or

(b)

has no material impact on the risk profile of a material business unit through the professional activities carried out.

3.   The condition set out in point (b) of paragraph 2 shall be assessed on the basis of objective criteria which take into account all relevant risk and performance indicators used by the institution to identify, manage and monitor risks in accordance with Article 74 of Directive 2013/36/EU and on the basis of the duties and authorities of the staff member or category of staff and their impact on the institution’s risk profile when compared with the impact of the professional activities of staff members identified by the criteria set out in Article 3 of this Regulation.

4.   An institution shall notify the competent authority responsible for its prudential supervision of the application of paragraph 2 in relation to the criterion in point (a) of paragraph 1. The notification shall set out the basis on which the institution has determined that the staff member concerned, or the category of staff to which the staff member belongs, meets one of the conditions laid down in paragraph 2 and shall, if applicable, include the assessment carried out by the institution pursuant to paragraph 3.

5.   The application of paragraph 2 by an institution in respect of a staff member who was awarded total remuneration of EUR 750 000 or more in the preceding financial year, or in relation to the criterion in point (b) of paragraph 1, shall be subject to the prior approval of the competent authority responsible for prudential supervision of that institution.

The competent authority shall only give its prior approval where the institution can demonstrate that one of the conditions set out in paragraph 2 is satisfied, having regard, in respect of the condition in point (b) of paragraph 2, to the assessment criteria set out in paragraph 3.

Where the staff member was awarded total remuneration of EUR 1 000 000 or more in the preceding financial year the competent authority shall only give its prior approval in exceptional circumstances. In order to ensure the consistent application of this Article the competent authority shall inform the European Banking Authority before giving its approval in respect of such a staff member.
Calculation of remuneration awarded

Article 5

1.   For the purposes of this Regulation, remuneration which has been awarded but has not yet been paid shall be valued as at the date of the award without taking into account the application of the discount rate referred to in Article 94(1)(g)(iii) of Directive 2013/36/EU or reductions in payouts, whether through clawback, malus, or otherwise. All amounts shall be calculated gross and on a full-time equivalent basis.

2.   For the purpose of the application of points (b) and (c) of Article 4(1), the remuneration awarded may be considered separately for each Member State and third country where the institution has an establishment and staff shall be assigned to the country where they carry on the predominant part of their activities.
Entry into force

Article 6

This Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.
THE EUROPEAN COMMISSION,

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

Having regard to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC(1), and in particular Article 94(2) thereof,

(1) Directive 2013/36/EU, and in particular Article 74 thereof, requires institutions to have robust governance arrangements and effective processes to identify, manage, monitor and report the risks that they are or might be exposed to. These arrangements and processes are to be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution’s activities. They must take into account, amongst others, the specific risks identified in Articles 79 to 87 of that Directive. The arrangements and processes are evaluated by competent authorities as part of the supervisory review and evaluation process pursuant to Article 97 of that Directive. The risks identified are considered by institutions within the internal capital adequacy assessment process pursuant to Article 73 of that Directive.

(2) The framework for prudential supervision established by Directive 2013/36/EU requires that all institutions identify all members of staff whose professional activities have a material impact on the institution’s risk profile. The criteria that are used to assess the materiality of the influence of the professional activities of staff on the risk profile should take into account the potential impact of staff on the institution’s risk profile based on their authority and responsibilities and the institution’s risk and performance indicators. The institution’s internal organisation and the nature, scope and complexity of its activities should be taken into account in the assessment. The criteria should fully reflect all risks to which the institution or group is or may be exposed. This should also enable institutions to set proper incentives within the remuneration policy to ensure the prudent behaviour of staff and should ensure that the identification of those members of staff whose professional activities have a material impact on the institution’s risk profile reflects the level of risk of different activities within the institution.

(3) In 2012, the European Banking Authority (EBA) published the results of a survey on national implementation and the practical application of the guidelines issued by the Committee of European Banking Supervisors on remuneration policies and practices (the CEBS Guidelines), which contained general criteria for the assessment of the materiality of the influence of staff on the institution’s risk profile. The survey showed that the implementation by institutions and competent authorities of the remuneration provisions laid down in Directive 2006/48/EC of the European Parliament and of the Council(2)did not result in a sufficient degree of harmonisation. The range of remuneration practices remained inappropriately broad and, in particular, the criteria used to identify staff did not always sufficiently consider the impact of staff’s professional activities on the institution’s risk profile. Significant discrepancies remained in the approaches taken by different institutions and Member States to identify those staff. These regulatory technical standards should therefore build on the experience gathered in applying Directive 2006/48/EC and the CEBS Guidelines and aim to achieve a higher level of harmonisation. EBA will issue new guidelines on sound remuneration policies which comply with the principles set out in Directive 2013/36/EU, pursuant to Article 75(2) of that Directive.

(4) A set of clear qualitative and appropriate quantitative criteria should be established in order to identify the core categories of staff whose professional activities have a material impact on an institution’s risk profile, ensuring a harmonised approach across the Union and covering a common set of the most relevant risks. In accordance with Article 94(2) of Directive 2013/36/EU, all the categories of staff identified by those criteria must be of staff whose professional activities have a material impact on an institution’s risk profile. Institutions should also take into account the results of their own risk assessments within their internal procedures. Competent authorities should ensure a complete identification of all staff whose professional activities have a material impact on an institution’s risk profile.

(5) Members of the management body have the ultimate responsibility for the institution, its strategy and activities and therefore are always able to have a material impact on the institution’s risk profile. This applies both to the members of the management body in its management function who take decisions and to members of the supervisory function who oversee the decision making process and challenge decisions made.

(6) The senior management and senior staff responsible for material business units, for management of specific risk categories such as liquidity, operational or interest rate risk, and for control functions within an institution are responsible for the day-to-day management of the business, its risks, or its control functions. This includes the responsibility for making strategic or other fundamental decisions on the business’s activities or the control framework applied. The risks taken by the business and the way they are managed are the most important factors for the institution’s risk profile.

(7) In addition to those responsible for creating additional business, functions responsible for providing internal support which are crucial to the operation of the business and have authority to take decisions in those areas expose the institution to material operational and other risks. Therefore the professional activities of staff members in such functions also have a material impact on the institution’s risk profile.

(8) Credit risk and market risk are typically entered into in order to generate business, therefore the impact of the activities generating those risks on the risk profile can be assessed using criteria based on limits of authority which are calculated at least annually on the basis of capital figures and approaches used for regulatory purposes, while applying ade minimisthreshold for credit risks to ensure the proportionate application of the criteria within small institutions.

(9) The criteria to identify staff whose professional activities have a material impact on the institution’s risk profile should take account of the facts that the requirements relating to the trading book can be waived for some institutions under Regulation (EU) No 575/2013 of the European Parliament and of the Council(3)and that limits are set in different ways between institutions using different approaches for the calculation of the capital requirements.

(10) Considering that the outcome of decisions is often influenced by the staff initiating the decision while the formal decision making power rests with more senior staff or committees, the criteria should take into account the material elements in such decision-making processes.

(11) Staff in a managerial position are responsible for the business activities in the area under their management. Therefore, appropriate criteria should ensure that members of staff are identified as having a material impact on the institution’s risk profile where they are responsible for groups of staff whose activities could have a material impact on the institution’s risk profile. This includes situations where the activities of individual staff members under their management do not individually have a material impact on the institution’s risk profile but the overall scale of their activities could have such an impact.

(12) In addition to the qualitative criteria, appropriate quantitative criteria should be established to identify categories of staff whose professional activities have a material impact on the institution’s risk profile. Total remuneration awarded depends principally on the contribution that staff make to the successful achievement of the institution’s business objectives and therefore on the responsibilities, duties, abilities and skills of staff and the performance of staff and the institution. Where a member of staff is awarded total remuneration which exceeds an appropriate threshold, it is reasonable to presume that this is linked to the staff member’s contribution to the institution’s business objectives and to the impact of the staff member’s professional activities on the risk profile of the institution. Accordingly, it is appropriate to base those quantitative criteria on the total remuneration a member of staff receives, both in absolute terms and relative to other members of staff within the same institution. In applying those quantitative criteria, account should, where appropriate, be taken of the fact that payment levels differ across jurisdictions. Clear and appropriate thresholds should be established to identify staff whose professional activities have a material impact on the institution’s risk profile, taking into account the data collected by EBA and by competent authorities. These quantitative criteria form a strong presumption that staff have a material impact on the institution’s risk profile. However, such presumptions based on quantitative criteria should not apply where institutions establish on the basis of additional objective conditions that staff do not in fact have a material impact on the institution’s risk profile, taking into account all risks to which the institution is or may be exposed. The exclusion of the highest earning staff identified under these criteria should be subject to the approval of the competent authority to ensure effective and consistent application of those criteria. For staff awarded more than EUR 1 000 000 (high earners) competent authorities should inform EBA before exclusions are approved to ensure the coherent application of those criteria, in particular in such exceptional circumstances. The identification process, including the application of exclusions, should nevertheless always be subject to supervisory review in accordance with Article 92(2) of Directive 2013/36/EU.

(13) The fact that staff members are in the same remuneration bracket as senior management or risk takers may also be an indicator that the staff member’s professional activities have a material impact on the institution’s risk profile. When establishing the bracket, the remuneration paid to staff in control functions, support functions and members of the management body in the supervisory function should not be taken into account. In the application of this criterion, account should also be taken of the fact that payment levels differ across jurisdictions. Institutions should be allowed to demonstrate that staff who fall within that remuneration bracket, but do not meet any of the qualitative or other quantitative criteria, do not have a material impact on the institution’s risk profile, taking into account all risks to which the institution is or may be exposed. The exclusion of staff with a high level of total remuneration from this criterion should be subject to a notification procedure to allow for a timely supervisory review, in order to ensure consistent application of this criterion.

(14) Competent authorities should ensure that institutions maintain a record of the assessment made and of the staff whose professional activities have been identified as having a material impact on their risk profile to enable the competent authority and auditors to review the assessment. The documentation should also include staff who have been identified under criteria based on their remuneration but for whom the professional activities are assessed as not having a material impact on the institution’s risk profile.

(15) This Regulation is based on the draft regulatory technical standards submitted by EBA to the Commission.

(16) EBA has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(4),

HAS ADOPTED THIS REGULATION:
Subject matter and scopeThis Regulation establishes regulatory technical standards with respect to qualitative and appropriate quantitative criteria to identify categories of staff whose professional activities have a material impact on an institution’s risk profile, as referred to in Article 92(2) of Directive 2013/36/EU, at group, parent company and subsidiary levels, including institutions established in offshore financial centres.
Application of the criteriaWithout prejudice to the obligation imposed on the competent authority to ensure that institutions comply with the principles set out in Articles 92, 93 and 94 of Directive 2013/36/EU for all categories of staff whose professional activities have a material impact on an institution’s risk profile pursuant to Article 92(2) of that Directive, staff who meet any of the qualitative criteria set out in Article 3 of this Regulation or any of the quantitative criteria in Article 4 of this Regulation shall be identified as having a material impact on an institution’s risk profile.
Qualitative criteriaStaff shall be deemed to have a material impact on an institution’s risk profile where any of the following qualitative criteria are met:

(1)

the staff member is a member of the management body in its management function;

(2)

the staff member is a member of the management body in its supervisory function;

(3)

the staff member is a member of the senior management;

(4)

the staff member is responsible and accountable to the management body for the activities of the independent risk management function, compliance function or internal audit function;

(5)

the staff member has overall responsibility for risk management within a business unit as defined in Article 142(1)(3) of Regulation (EU) No 575/2013 which has had internal capital distributed to it in accordance with Article 73 of Directive 2013/36/EU that represents at least 2 % of the internal capital of the institution (a ‘material business unit’);

(6)

the staff member heads a material business unit;

(7)

the staff member has managerial responsibility in one of the functions referred to in point (4) or in a material business unit and reports directly to a staff member identified pursuant to point (4) or (5);

(8)

the staff member has managerial responsibility in a material business unit and reports directly to the staff member who heads that unit;

(9)

the staff member heads a function responsible for legal affairs, finance including taxation and budgeting, human resources, remuneration policy, information technology, or economic analysis;

(10)

the staff member is responsible for, or is a member of, a committee responsible for the management of a risk category provided for in Articles 79 to 87 of Directive 2013/36/EU other than credit risk and market risk;

(11)

with regard to credit risk exposures of a nominal amount per transaction which represents 0.5 % of the institution’s Common Equity Tier 1 capital and is at least EUR 5 million, the staff member:

(a)

is responsible for initiating credit proposals, or structuring credit products, which can result in such credit risk exposures; or

(b)

has authority to take, approve or veto a decision on such credit risk exposures; or

(c)

is a member of a committee which has authority to take the decisions referred to in point (a) or (b);

(12)

in relation to an institution to which the derogation for small trading book business provided for in Article 94 of Regulation (EU) No 575/2013 does not apply, the staff member:

(a)

has authority to take, approve or veto a decision on transactions on the trading book which in aggregate meet one of the following thresholds:

(i)

where the standardised approach is used, an own funds requirement for market risks which represents 0.5 % or more of the institution’s Common Equity Tier 1 capital; or

(ii)

where an internal model-based approach is approved for regulatory purposes, 5 % or more of the institution’s internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval); or

(b)

is a member of a committee which has authority to take decisions set out in point (a);

(13)

the staff member has managerial responsibility for a group of staff members who have individual authorities to commit the institution to transactions and either of the following conditions is met:

(a)

the sum of those authorities equals or exceeds a threshold set out in point 11(a), point 11(b) or point 12(a)(i);

(b)

where an internal model-based approach is approved for regulatory purposes those authorities amount to 5 % or more of the institution’s internal value-at-risk limit for trading book exposures at a 99th percentile (one-tailed confidence interval). Where the institution does not calculate a value-at-risk at the level of that staff member the value-at-risk limits of staff under the management of this staff member shall be added up;

(14)

with regard to decisions to approve or veto the introduction of new products, the staff member:

(a)

has the authority to take such decisions; or

(b)

is a member of a committee which has authority to take such decisions;

(15)

the staff member has managerial responsibility for a staff member who meets one of the criteria set out in points (1) to (14).
Quantitative criteria1.   Subject to paragraphs 2 to 5, staff shall be deemed to have a material impact on an institution’s risk profile where any of the following quantitative criteria are met:

(a)

the staff member has been awarded total remuneration of EUR 500 000 or more in the preceding financial year;

(b)

the staff member is within the 0.3 % of the number of staff, rounded up to the next integer, who have been awarded the highest total remuneration in the preceding financial year;

(c)

the staff member was in the preceding financial year awarded total remuneration that is equal to or greater than the lowest total remuneration awarded in that financial year to a member of senior management or meets any of the criteria in points (1), (3), (5), (6), (8), (11), (12), (13) or (14) of Article 3.

2.   A criterion set out in paragraph 1 shall not be deemed to be met where the institution determines that the professional activities of the staff member do not have a material impact on the institution’s risk profile because the staff member, or the category of staff to which the staff member belongs:

(a)

only carries out professional activities and has authorities in a business unit which is not a material business unit; or

(b)

has no material impact on the risk profile of a material business unit through the professional activities carried out.

3.   The condition set out in point (b) of paragraph 2 shall be assessed on the basis of objective criteria which take into account all relevant risk and performance indicators used by the institution to identify, manage and monitor risks in accordance with Article 74 of Directive 2013/36/EU and on the basis of the duties and authorities of the staff member or category of staff and their impact on the institution’s risk profile when compared with the impact of the professional activities of staff members identified by the criteria set out in Article 3 of this Regulation.

4.   An institution shall notify the competent authority responsible for its prudential supervision of the application of paragraph 2 in relation to the criterion in point (a) of paragraph 1. The notification shall set out the basis on which the institution has determined that the staff member concerned, or the category of staff to which the staff member belongs, meets one of the conditions laid down in paragraph 2 and shall, if applicable, include the assessment carried out by the institution pursuant to paragraph 3.

5.   The application of paragraph 2 by an institution in respect of a staff member who was awarded total remuneration of EUR 750 000 or more in the preceding financial year, or in relation to the criterion in point (b) of paragraph 1, shall be subject to the prior approval of the competent authority responsible for prudential supervision of that institution.

The competent authority shall only give its prior approval where the institution can demonstrate that one of the conditions set out in paragraph 2 is satisfied, having regard, in respect of the condition in point (b) of paragraph 2, to the assessment criteria set out in paragraph 3.

Where the staff member was awarded total remuneration of EUR 1 000 000 or more in the preceding financial year the competent authority shall only give its prior approval in exceptional circumstances. In order to ensure the consistent application of this Article the competent authority shall inform the European Banking Authority before giving its approval in respect of such a staff member.
Calculation of remuneration awarded1.   For the purposes of this Regulation, remuneration which has been awarded but has not yet been paid shall be valued as at the date of the award without taking into account the application of the discount rate referred to in Article 94(1)(g)(iii) of Directive 2013/36/EU or reductions in payouts, whether through clawback, malus, or otherwise. All amounts shall be calculated gross and on a full-time equivalent basis.

2.   For the purpose of the application of points (b) and (c) of Article 4(1), the remuneration awarded may be considered separately for each Member State and third country where the institution has an establishment and staff shall be assigned to the country where they carry on the predominant part of their activities.
Entry into forceThis Regulation shall enter into force on the twentieth day following that of its publication in theOfficial Journal of the European Union.

Section 1: General Information	Response
a.General information provided by the national supervisor:	a.	General information provided by the national supervisor:
a.	General information provided by the national supervisor:
(1)Country code	(1)	Country code
(1)	Country code
(2)Bank name	(2)	Bank name
(2)	Bank name
(3)Submission date (yyyy-mm-dd)	(3)	Submission date (yyyy-mm-dd)
(3)	Submission date (yyyy-mm-dd)
b.General Information provided by the reporting institution:	b.	General Information provided by the reporting institution:
b.	General Information provided by the reporting institution:
(1)Reporting date (yyyy-mm-dd)	(1)	Reporting date (yyyy-mm-dd)
(1)	Reporting date (yyyy-mm-dd)
(2)Reporting currency	(2)	Reporting currency
(2)	Reporting currency
(3)Euro conversion rate	(3)	Euro conversion rate
(3)	Euro conversion rate
(4)Reporting unit	(4)	Reporting unit
(4)	Reporting unit
(5)Accounting standard	(5)	Accounting standard
(5)	Accounting standard
(6)Location of public disclosure	(6)	Location of public disclosure
(6)	Location of public disclosure

Section 2: Total Exposures	Amount
a.Counterparty exposure of derivatives contracts (method 1)	a.	Counterparty exposure of derivatives contracts (method 1)
a.	Counterparty exposure of derivatives contracts (method 1)
b.Gross value of securities financing transactions (SFTs)	b.	Gross value of securities financing transactions (SFTs)
b.	Gross value of securities financing transactions (SFTs)
c.Counterparty exposure of SFTs	c.	Counterparty exposure of SFTs
c.	Counterparty exposure of SFTs
d.Other assets	d.	Other assets
d.	Other assets
(1)Securities received in SFTs that are recognised as assets	(1)	Securities received in SFTs that are recognised as assets
(1)	Securities received in SFTs that are recognised as assets
e.Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))	e.	Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))
e.	Total on-balance sheet items (sum of items 2.a, 2.b, 2.c, and 2.d, minus 2.d.(1))
f.Potential future exposure of derivative contracts (method 1)	f.	Potential future exposure of derivative contracts (method 1)
f.	Potential future exposure of derivative contracts (method 1)
g.Notional amount of off-balance sheet items with a 0 % CCF	g.	Notional amount of off-balance sheet items with a 0 % CCF
g.	Notional amount of off-balance sheet items with a 0 % CCF
(1)Unconditionally cancellable credit card commitments	(1)	Unconditionally cancellable credit card commitments
(1)	Unconditionally cancellable credit card commitments
(2)Other unconditionally cancellable commitments	(2)	Other unconditionally cancellable commitments
(2)	Other unconditionally cancellable commitments
h.Notional amount of off-balance sheet items with a 20 % CCF	h.	Notional amount of off-balance sheet items with a 20 % CCF
h.	Notional amount of off-balance sheet items with a 20 % CCF
i.Notional amount of off-balance sheet items with a 50 % CCF	i.	Notional amount of off-balance sheet items with a 50 % CCF
i.	Notional amount of off-balance sheet items with a 50 % CCF
j.Notional amount of off-balance sheet items with a 100 % CCF	j.	Notional amount of off-balance sheet items with a 100 % CCF
j.	Notional amount of off-balance sheet items with a 100 % CCF
k.Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))	k.	Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))
k.	Total off-balance sheet items (sum of items 2.f, 2.g, and 2.h through 2.j, minus 0,9 times the sum of items 2.g.(1) and 2.g.(2))
l.Entities consolidated for accounting purposes but not for risk-based regulatory purposes:	l.	Entities consolidated for accounting purposes but not for risk-based regulatory purposes:
l.	Entities consolidated for accounting purposes but not for risk-based regulatory purposes:
(1)On-balance sheet assets	(1)	On-balance sheet assets
(1)	On-balance sheet assets
(2)Potential future exposure of derivatives contracts	(2)	Potential future exposure of derivatives contracts
(2)	Potential future exposure of derivatives contracts
(3)Unconditionally cancellable commitments	(3)	Unconditionally cancellable commitments
(3)	Unconditionally cancellable commitments
(4)Other off-balance sheet commitments	(4)	Other off-balance sheet commitments
(4)	Other off-balance sheet commitments
(5)Investment value in the consolidated entities	(5)	Investment value in the consolidated entities
(5)	Investment value in the consolidated entities
m.Regulatory adjustments	m.	Regulatory adjustments
m.	Regulatory adjustments
n.Ancillary data:	n.	Ancillary data:
n.	Ancillary data:
(1)Receivables for cash collateral posted in derivatives transactions	(1)	Receivables for cash collateral posted in derivatives transactions
(1)	Receivables for cash collateral posted in derivatives transactions
(2)Net notional amount of credit derivatives	(2)	Net notional amount of credit derivatives
(2)	Net notional amount of credit derivatives
(3)Net notional amount of credit derivatives for entities in item 2.l.	(3)	Net notional amount of credit derivatives for entities in item 2.l.
(3)	Net notional amount of credit derivatives for entities in item 2.l.
(4)On and off-balance sheet exposures between entities included in item 2.l.	(4)	On and off-balance sheet exposures between entities included in item 2.l.
(4)	On and off-balance sheet exposures between entities included in item 2.l.
(5)On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes	(5)	On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes
(5)	On and off-balance sheet exposures of entities included in item 2.l. to entities consolidated for risk-based regulatory purposes
(6)On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.	(6)	On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.
(6)	On and off-balance sheet exposures of entities consolidated for risk-based regulatory purposes to entities included in item 2.l.
(7)Total exposures for the calculation of the leverage ratio (January 2014 definition)	(7)	Total exposures for the calculation of the leverage ratio (January 2014 definition)
(7)	Total exposures for the calculation of the leverage ratio (January 2014 definition)
o.Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)	o.	Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)
o.	Total exposures indicator (sum of items 2.e, 2.k, 2.l.(1), 2.l.(2), 0,1 times 2.l.(3), 2.l.(4), minus the sum of items 2.l.(5) and 2.m)

Section 3: Intra-Financial System Assets	Amount
a.Funds deposited with or lent to other financial institutions	a.	Funds deposited with or lent to other financial institutions
a.	Funds deposited with or lent to other financial institutions
(1)Certificates of deposit	(1)	Certificates of deposit
(1)	Certificates of deposit
b.Undrawn committed lines extended to other financial institutions	b.	Undrawn committed lines extended to other financial institutions
b.	Undrawn committed lines extended to other financial institutions
c.Holdings of securities issued by other financial institutions:	c.	Holdings of securities issued by other financial institutions:
c.	Holdings of securities issued by other financial institutions:
(1)Secured debt securities	(1)	Secured debt securities
(1)	Secured debt securities
(2)Senior unsecured debt securities	(2)	Senior unsecured debt securities
(2)	Senior unsecured debt securities
(3)Subordinated debt securities	(3)	Subordinated debt securities
(3)	Subordinated debt securities
(4)Commercial paper	(4)	Commercial paper
(4)	Commercial paper
(5)Stock (including par and surplus of common and preferred shares)	(5)	Stock (including par and surplus of common and preferred shares)
(5)	Stock (including par and surplus of common and preferred shares)
(6)Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)	(6)	Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)
(6)	Offsetting short positions in relation to the specific stock holdings included in item 3.c.(5)
d.Net positive current exposure of securities financing transactions with other financial institutions	d.	Net positive current exposure of securities financing transactions with other financial institutions
d.	Net positive current exposure of securities financing transactions with other financial institutions
e.Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:	e.	Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:
e.	Over-the-counter (OTC) derivatives with other financial institutions that have a net positive fair value:
(1)Net positive fair value (include collateral held if it is within the master netting agreement)	(1)	Net positive fair value (include collateral held if it is within the master netting agreement)
(1)	Net positive fair value (include collateral held if it is within the master netting agreement)
(2)Potential future exposure	(2)	Potential future exposure
(2)	Potential future exposure
f.Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))	f.	Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))
f.	Intra-financial system assets indicator (sum of items 3.a, 3.b through 3.c.(5), 3.d, 3.e.(1), and 3.e.(2), minus 3.c.(6))

Section 4: Intra-Financial System Liabilities	Amount
a.Deposits due to depository institutions	a.	Deposits due to depository institutions
a.	Deposits due to depository institutions
b.Deposits due to non-depository financial institutions	b.	Deposits due to non-depository financial institutions
b.	Deposits due to non-depository financial institutions
c.Undrawn committed lines obtained from other financial institutions	c.	Undrawn committed lines obtained from other financial institutions
c.	Undrawn committed lines obtained from other financial institutions
d.Net negative current exposure of securities financing transactions with other financial institutions	d.	Net negative current exposure of securities financing transactions with other financial institutions
d.	Net negative current exposure of securities financing transactions with other financial institutions
e.OTC derivatives with other financial institutions that have a net negative fair value:	e.	OTC derivatives with other financial institutions that have a net negative fair value:
e.	OTC derivatives with other financial institutions that have a net negative fair value:
(1)Net negative fair value (include collateral provided if it is within the master netting agreement)	(1)	Net negative fair value (include collateral provided if it is within the master netting agreement)
(1)	Net negative fair value (include collateral provided if it is within the master netting agreement)
(2)Potential future exposure	(2)	Potential future exposure
(2)	Potential future exposure
f.Ancillary data:	f.	Ancillary data:
f.	Ancillary data:
(1)Funds borrowed from other financial institutions	(1)	Funds borrowed from other financial institutions
(1)	Funds borrowed from other financial institutions
(2)Certificates of deposit included in items 4.a and 4.b	(2)	Certificates of deposit included in items 4.a and 4.b
(2)	Certificates of deposit included in items 4.a and 4.b
g.Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))	g.	Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))
g.	Intra-financial system liabilities indicator (sum of items 4.a through 4.e.(2))

Section 5: Securities Outstanding	Amount
a.Secured debt securities	a.	Secured debt securities
a.	Secured debt securities
b.Senior unsecured debt securities	b.	Senior unsecured debt securities
b.	Senior unsecured debt securities
c.Subordinated debt securities	c.	Subordinated debt securities
c.	Subordinated debt securities
d.Commercial paper	d.	Commercial paper
d.	Commercial paper
e.Certificates of deposit	e.	Certificates of deposit
e.	Certificates of deposit
f.Common equity	f.	Common equity
f.	Common equity
g.Preferred shares and any other forms of subordinated funding not captured in item 5.c.	g.	Preferred shares and any other forms of subordinated funding not captured in item 5.c.
g.	Preferred shares and any other forms of subordinated funding not captured in item 5.c.
h.Ancillary data:	h.	Ancillary data:
h.	Ancillary data:
(1)Book value of equities for which a market price is unavailable	(1)	Book value of equities for which a market price is unavailable
(1)	Book value of equities for which a market price is unavailable
i.Securities outstanding indicator (sum of items 5.a through 5.g)	i.	Securities outstanding indicator (sum of items 5.a through 5.g)
i.	Securities outstanding indicator (sum of items 5.a through 5.g)

Section 6: Payments made in the reporting year (excluding intragroup payments)	Reported in	Amount in specified currency	Amount
a.Australian dollars	a.	Australian dollars	AUD
a.	Australian dollars
b.Brazilian real	b.	Brazilian real	BRL
b.	Brazilian real
c.Canadian dollars	c.	Canadian dollars	CAD
c.	Canadian dollars
d.Swiss francs	d.	Swiss francs	CHF
d.	Swiss francs
e.Chinese yuan	e.	Chinese yuan	CNY
e.	Chinese yuan
f.Euros	f.	Euros	EUR
f.	Euros
g.British pounds	g.	British pounds	GBP
g.	British pounds
h.Hong Kong dollars	h.	Hong Kong dollars	HKD
h.	Hong Kong dollars
i.Indian rupee	i.	Indian rupee	INR
i.	Indian rupee
j.Japanese yen	j.	Japanese yen	JPY
j.	Japanese yen
k.Swedish krona	k.	Swedish krona	SEK
k.	Swedish krona
l.United States dollars	l.	United States dollars	USD
l.	United States dollars
m.Ancillary data:	m.	Ancillary data:
m.	Ancillary data:
(1)Mexican pesos	(1)	Mexican pesos	MXN
(1)	Mexican pesos
(2)New Zealand dollars	(2)	New Zealand dollars	NZD
(2)	New Zealand dollars
(3)Russian rubles	(3)	Russian rubles	RUB
(3)	Russian rubles
n.Payments activity indicator (sum of items 6.a through 6.l)	n.	Payments activity indicator (sum of items 6.a through 6.l)
n.	Payments activity indicator (sum of items 6.a through 6.l)

Section 7: Assets Under Custody	Amount
a.Assets under custody indicator	a.	Assets under custody indicator
a.	Assets under custody indicator

Section 8: Underwritten Transactions in Debt and Equity Markets	Amount
a.Equity underwriting activity	a.	Equity underwriting activity
a.	Equity underwriting activity
b.Debt underwriting activity	b.	Debt underwriting activity
b.	Debt underwriting activity
c.Underwriting activity indicator (sum of items 8.a and 8.b)	c.	Underwriting activity indicator (sum of items 8.a and 8.b)
c.	Underwriting activity indicator (sum of items 8.a and 8.b)

Section 9: Notional Amount of Over-the-Counter (OTC) Derivatives	Amount
a.OTC derivatives cleared through a central counterparty	a.	OTC derivatives cleared through a central counterparty
a.	OTC derivatives cleared through a central counterparty
b.OTC derivatives settled bilaterally	b.	OTC derivatives settled bilaterally
b.	OTC derivatives settled bilaterally
c.OTC derivatives indicator (sum of items 9.a and 9.b)	c.	OTC derivatives indicator (sum of items 9.a and 9.b)
c.	OTC derivatives indicator (sum of items 9.a and 9.b)

Section 10: Trading and Available-for-Sale Securities	Amount
a.Held-for-trading securities (HFT)	a.	Held-for-trading securities (HFT)
a.	Held-for-trading securities (HFT)
b.Available-for-sale securities (AFS)	b.	Available-for-sale securities (AFS)
b.	Available-for-sale securities (AFS)
c.Trading and AFS securities that meet the definition of Level 1 assets	c.	Trading and AFS securities that meet the definition of Level 1 assets
c.	Trading and AFS securities that meet the definition of Level 1 assets
d.Trading and AFS securities that meet the definition of Level 2 assets, with haircuts	d.	Trading and AFS securities that meet the definition of Level 2 assets, with haircuts
d.	Trading and AFS securities that meet the definition of Level 2 assets, with haircuts
e.Ancillary data:	e.	Ancillary data:
e.	Ancillary data:
(1)Held-to-maturity securities	(1)	Held-to-maturity securities
(1)	Held-to-maturity securities
f.Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)	f.	Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)
f.	Trading and AFS securities indicator (sum of items 10.a and 10.b, minus the sum of 10.c and 10.d)

Section 11: Level 3 Assets	Amount
a.Level 3 assets indicator	a.	Level 3 assets indicator
a.	Level 3 assets indicator

Section 12: Cross-Jurisdictional Claims	Amount
a.Foreign claims on an ultimate risk basis (excluding derivatives activity)	a.	Foreign claims on an ultimate risk basis (excluding derivatives activity)
a.	Foreign claims on an ultimate risk basis (excluding derivatives activity)
b.Ancillary data:	b.	Ancillary data:
b.	Ancillary data:
(1)Foreign derivative claims on an ultimate risk basis	(1)	Foreign derivative claims on an ultimate risk basis
(1)	Foreign derivative claims on an ultimate risk basis
c.Cross-jurisdictional claims indicator (item 12.a)	c.	Cross-jurisdictional claims indicator (item 12.a)
c.	Cross-jurisdictional claims indicator (item 12.a)

Section 13: Cross-Jurisdictional Liabilities	Amount
a.Foreign liabilities (excluding derivatives and local liabilities in local currency)	a.	Foreign liabilities (excluding derivatives and local liabilities in local currency)
a.	Foreign liabilities (excluding derivatives and local liabilities in local currency)
(1)Any foreign liabilities to related offices included in item 13.a.	(1)	Any foreign liabilities to related offices included in item 13.a.
(1)	Any foreign liabilities to related offices included in item 13.a.
b.Local liabilities in local currency (excluding derivatives activity)	b.	Local liabilities in local currency (excluding derivatives activity)
b.	Local liabilities in local currency (excluding derivatives activity)
c.Ancillary data:	c.	Ancillary data:
c.	Ancillary data:
(1)Foreign derivative liabilities on an ultimate risk basis	(1)	Foreign derivative liabilities on an ultimate risk basis
(1)	Foreign derivative liabilities on an ultimate risk basis
d.Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))	d.	Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))
d.	Cross-jurisdictional liabilities indicator (sum of items 13.a and 13.b, minus 13.a.(1))

Section 14: Ancillary Indicators	Amount
a.Total liabilities	a.	Total liabilities
a.	Total liabilities
b.Retail funding	b.	Retail funding
b.	Retail funding
c.Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)	c.	Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)
c.	Wholesale funding dependence ratio (the difference between items 14.a and 14.b, divided by 14.a)
d.Foreign net revenue	d.	Foreign net revenue
d.	Foreign net revenue
e.Total net revenue	e.	Total net revenue
e.	Total net revenue
f.Total gross revenue	f.	Total gross revenue
f.	Total gross revenue
g.Gross value of cash lent and gross fair value of securities lent in SFTs	g.	Gross value of cash lent and gross fair value of securities lent in SFTs
g.	Gross value of cash lent and gross fair value of securities lent in SFTs
h.Gross value of cash borrowed and gross fair value of securities borrowed in SFTs	h.	Gross value of cash borrowed and gross fair value of securities borrowed in SFTs
h.	Gross value of cash borrowed and gross fair value of securities borrowed in SFTs
i.Gross positive fair value of over-the-counter (OTC) derivatives transactions	i.	Gross positive fair value of over-the-counter (OTC) derivatives transactions
i.	Gross positive fair value of over-the-counter (OTC) derivatives transactions
j.Gross negative fair value of OTC derivatives transactions	j.	Gross negative fair value of OTC derivatives transactions
j.	Gross negative fair value of OTC derivatives transactions
	Amount in single units
k.Number of jurisdictions	k.	Number of jurisdictions
k.	Number of jurisdictions

(28)	The Commission selected the following four companies for the sample:—Acron,—EuroChem,—UralChem,—OJSC SBU Azot (SBU Azot).	—	Acron,	—	EuroChem,	—	UralChem,	—	OJSC SBU Azot (SBU Azot).
—	Acron,
—	EuroChem,
—	UralChem,
—	OJSC SBU Azot (SBU Azot).

(36)	The Commission sought and verified all the information deemed necessary for the determination of dumping, resulting injury and Union interest. Verification visits pursuant to Article 16 of the basic Regulation were carried out at the premises of the following companies:Union producers—AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,—Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,—Grow How UK limited, Ince, United Kingdom,—Yara France SA, France.Exporting producers in Russia—JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),—Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),—OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),—Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).Related importer—Agronova Europe AG, Switzerland (related to Acron).	—	AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,	—	Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,	—	Grow How UK limited, Ince, United Kingdom,	—	Yara France SA, France.	—	JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),	—	Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),	—	OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),	—	Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).	—	Agronova Europe AG, Switzerland (related to Acron).
—	AB ‘Achema’, Jonolaukio k., Ruklos sen., Jonavos r., Lithuania,
—	Grupa Azoty Zakłady Azotowe ‘Puławy’ SA, Poland,
—	Grow How UK limited, Ince, United Kingdom,
—	Yara France SA, France.
—	JSC Acron, JSC Dorogobuzh, related trader ZAO Agronova — Bryansk (Acron),
—	Eurochem MMC OJSC, OJSC Nevinnomyssky Azot and OJSC Novomoskowskaya Joint-Stock Company Azot (EuroChem),
—	OJSC UCC UralChem, Berezniki Azot and Kirovo-Chepetsk Chemical works (UralChem),
—	Kemerovo JSC Azot and LLC Angarsk Nitrogent Fertiliser Plant (SBU Azot).
—	Agronova Europe AG, Switzerland (related to Acron).

(105)	Union consumption developed as follows:Table 1Union consumption (metric tonnes)201020112012RIPTotal Union consumption7 174 8636 674 5006 698 7226 356 761Index (2010 = 100)100939389Source:Data provided by the applicant, verified data and Article 14(6) database data		2010	2011	2012	RIP	Total Union consumption	7 174 863	6 674 500	6 698 722	6 356 761	Index (2010 = 100)	100	93	93	89	Source:Data provided by the applicant, verified data and Article 14(6) database data
	2010	2011	2012	RIP
Total Union consumption	7 174 863	6 674 500	6 698 722	6 356 761
Index (2010 = 100)	100	93	93	89
Source:Data provided by the applicant, verified data and Article 14(6) database data

(111)	The volumes, market shares and average prices of the imports from Russia of the product concerned developed as set out below:Table 2Import volume (metric tonnes), market share and prices201020112012RIPVolume of imports (tonnes)164 658134 060200 542199 604Index10081122121Market share2,3 %2 %3 %3,1 %Index10088130137Average CIF price (EUR/tonne)201258262264Index100128130131Source:Article 14(6) database		2010	2011	2012	RIP	Volume of imports (tonnes)	164 658	134 060	200 542	199 604	Index	100	81	122	121	Market share	2,3 %	2 %	3 %	3,1 %	Index	100	88	130	137	Average CIF price (EUR/tonne)	201	258	262	264	Index	100	128	130	131	Source:Article 14(6) database
	2010	2011	2012	RIP
Volume of imports (tonnes)	164 658	134 060	200 542	199 604
Index	100	81	122	121
Market share	2,3 %	2 %	3 %	3,1 %
Index	100	88	130	137
Average CIF price (EUR/tonne)	201	258	262	264
Index	100	128	130	131
Source:Article 14(6) database

(115)	The volume of imports from other third countries during the period considered are shown in the table below. The following quantity and price trends are also based on Eurostat.Table 3Import volume (metric tonnes), market share and prices201020112012RIPOther third countriesVolume in tonnes348 100312 043295 139285 962Index100908582Market share4,85 %4,68 %4,41 %4,50 %Index100969193Average price (CIF)201270279275Index100134139137Source:Eurostat			2010	2011	2012	RIP	Other third countries	Volume in tonnes	348 100	312 043	295 139	285 962	Index	100	90	85	82	Market share	4,85 %	4,68 %	4,41 %	4,50 %	Index	100	96	91	93	Average price (CIF)	201	270	279	275	Index	100	134	139	137	Source:Eurostat
		2010	2011	2012	RIP
Other third countries	Volume in tonnes	348 100	312 043	295 139	285 962
	Index	100	90	85	82
	Market share	4,85 %	4,68 %	4,41 %	4,50 %
	Index	100	96	91	93
	Average price (CIF)	201	270	279	275
	Index	100	134	139	137
Source:Eurostat

(120)	Bearing in mind these caveats, the total Union production, production capacity and capacity utilisation developed over the period considered as follows:Table 4Production, production capacity and capacity utilisation201020112012RIPProduction volume (in tonnes)6 963 7536 877 8067 143 6116 911 630Index1009910399Production capacity (in tonnes)15 132 23815 292 51215 499 48715 475 487Index100101102102Capacity utilisation46 %45 %46 %45 %Index1009810098Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies		2010	2011	2012	RIP	Production volume (in tonnes)	6 963 753	6 877 806	7 143 611	6 911 630	Index	100	99	103	99	Production capacity (in tonnes)	15 132 238	15 292 512	15 499 487	15 475 487	Index	100	101	102	102	Capacity utilisation	46 %	45 %	46 %	45 %	Index	100	98	100	98	Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies
	2010	2011	2012	RIP
Production volume (in tonnes)	6 963 753	6 877 806	7 143 611	6 911 630
Index	100	99	103	99
Production capacity (in tonnes)	15 132 238	15 292 512	15 499 487	15 475 487
Index	100	101	102	102
Capacity utilisation	46 %	45 %	46 %	45 %
Index	100	98	100	98
Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies

Uniform format

Date of disclosure

Disclosure location

General Bank Data

Fixing the quantitative limit for out-of-quota sugar exports

Fixing the quantitative limit for out-of-quota isoglucose exports

Entry into force and application

Specific rules for a name

Definition of the geographical area

Specific rules on feed

Proof of origin

Description of several distinct products

Procedural requirements for applications for registration

Specific rules for the description of the product and the production method

Joint applications

Procedural rules for oppositions

Procedural requirements for amendments to a product specification

Cancellation

Means of submission

The use of symbols and indications

Register of protected designations of origin and protected geographical indications and Register of traditional specialities guaranteed

Transitional rules

Entry into force and application

1. Name(s) [of PDO or PGI]

1. Name(s) to be registered

1. Name of product

1. Name of product

1. Applicant group and legitimate interest

1. Applicant group and legitimate interest

1. Applicant group and legitimate interest

1. Member State or third country

1. Registered name proposed for cancellation

1. Union symbols in colour

1. Agricultural products intended for the human consumption listed in Annex I to the Treaty

Specific rules on sourcing of feed and of raw materials

Union symbols

Limitation of product specifications for traditional specialities guaranteed

National opposition procedures for joint applications

Notification obligation concerning agreement in opposition procedure

Amendments to a product specification

Cancellation

Transitional rules

Repeal

Entry into force and application

Definitions

Particular cases of exposure to the credit risk of a securitisation position

Retainers of material net economic interest

Fulfilment of the retention requirement through a synthetic or contingent form of retention

Retention option (a): pro rata retention in each of the tranches sold or transferred to investors

Retention option (b): retention of the originator's interest for revolving exposures

Retention option (c): retention of randomly selected exposures

Retention option (d): retention of the first loss tranche

Retention option (e): retention of a first loss in every securitised exposure

Measurement of the level of retention

Measurement of retention for the undrawn amounts in exposures in the form of credit facilities

Prohibition of hedging or selling the retained interest

Exemptions to Article 405(1) of Regulation (EU) No 575/2013

Retention on a consolidated basis

Outsourcing and other general considerations

Specification of risk characteristics and structural features

Frequency of review

Stress Tests

Exposures in the trading book and non-trading book

Positions in the correlation trading portfolio

Policies for credit granting

Disclosure of the level of the commitment to maintain a net economic interest

Disclosure of materially relevant data

Entry into force

Subject matter and scope

Application of the criteria

Qualitative criteria

Quantitative criteria

Calculation of remuneration awarded

Entry into force

(123)	The Sales volumes of the Union industry on the Union market to unrelated customers and the market share developed over the period considered as follows:Table 5Sales volume and market share201020112012RIPSales volume on the Union market (in tonnes)6 662 1066 228 3966 203 0415 871 195Index100939388Market share92,9 %93,3 %92,6 %92,4 %Index10010010099Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies		2010	2011	2012	RIP	Sales volume on the Union market (in tonnes)	6 662 106	6 228 396	6 203 041	5 871 195	Index	100	93	93	88	Market share	92,9 %	93,3 %	92,6 %	92,4 %	Index	100	100	100	99	Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies
	2010	2011	2012	RIP
Sales volume on the Union market (in tonnes)	6 662 106	6 228 396	6 203 041	5 871 195
Index	100	93	93	88
Market share	92,9 %	93,3 %	92,6 %	92,4 %
Index	100	100	100	99
Source:Information from the applicant, sampling questionnaire replies and verified questionnaire replies

(126)	Based on verified data of the four sampled Union producers, employment and productivity developed over the period considered as follows:Table 6Employment and productivity201020112012RIPNumber of employees1 2531 1101 1281 105Index100899088Productivity (unit/employee)2 3902 6162 6482 579Index100109110107Source:Verified questionnaire replies		2010	2011	2012	RIP	Number of employees	1 253	1 110	1 128	1 105	Index	100	89	90	88	Productivity (unit/employee)	2 390	2 616	2 648	2 579	Index	100	109	110	107	Source:Verified questionnaire replies
	2010	2011	2012	RIP
Number of employees	1 253	1 110	1 128	1 105
Index	100	89	90	88
Productivity (unit/employee)	2 390	2 616	2 648	2 579
Index	100	109	110	107
Source:Verified questionnaire replies

(130)	The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:Table 7Sales prices in the Union201020112012RIPAverage ex-works unit selling price in the Union (EUR/tonne)204291305303Index100143149149Unit cost of production (EUR/tonne)180-195(*1)200216225Index100108113Source:Verified data of the sampled companies		2010	2011	2012	RIP	Average ex-works unit selling price in the Union (EUR/tonne)	204	291	305	303	Index	100	143	149	149	Unit cost of production (EUR/tonne)	180-195(*1)	200	216	225	Index	100	108	113	Source:Verified data of the sampled companies
	2010	2011	2012	RIP
Average ex-works unit selling price in the Union (EUR/tonne)	204	291	305	303
Index	100	143	149	149
Unit cost of production (EUR/tonne)	180-195(*1)	200	216	225
Index		100	108	113
Source:Verified data of the sampled companies

(133)	The average labour costs of the sampled Union producers developed over the period considered as follows:Table 8Average labour costs per employee201020112012RIPAverage wages per employee (EUR)31 90937 76440 93841 736Index100118128131Source:Verified data of the sampled companies		2010	2011	2012	RIP	Average wages per employee (EUR)	31 909	37 764	40 938	41 736	Index	100	118	128	131	Source:Verified data of the sampled companies
	2010	2011	2012	RIP
Average wages per employee (EUR)	31 909	37 764	40 938	41 736
Index	100	118	128	131
Source:Verified data of the sampled companies

(135)	Stock levels of the sampled Union producers developed over the period considered as follows:Table 9Inventories201020112012RIPClosing stocks (in tonnes)108 300151 562195 35197 092Index10014018090Closing stocks as a percentage of production1,56 %2,20 %2,73 %1,40 %Index10014217690Source:Verified data of the sampled companies		2010	2011	2012	RIP	Closing stocks (in tonnes)	108 300	151 562	195 351	97 092	Index	100	140	180	90	Closing stocks as a percentage of production	1,56 %	2,20 %	2,73 %	1,40 %	Index	100	142	176	90	Source:Verified data of the sampled companies
	2010	2011	2012	RIP
Closing stocks (in tonnes)	108 300	151 562	195 351	97 092
Index	100	140	180	90
Closing stocks as a percentage of production	1,56 %	2,20 %	2,73 %	1,40 %
Index	100	142	176	90
Source:Verified data of the sampled companies

(137)	Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:Table 10Profitability, cash flow, investments and return on investments201020112012RIPProfitability of sales in the Union to unrelated customers (% of sales turnover)11,7 %20,8 %17,6 %14,4 %Index100178150123Cash flow (EUR)95 605 038196 626 207182 421 560173 543 772Index100195191182Investments (EUR)35 761 80431 532 21828 032 15934 502 327Index100887896Return on investments28,1 %61 %53,3 %44,7 %Index100217190159Source:Verified data of the sampled companies		2010	2011	2012	RIP	Profitability of sales in the Union to unrelated customers (% of sales turnover)	11,7 %	20,8 %	17,6 %	14,4 %	Index	100	178	150	123	Cash flow (EUR)	95 605 038	196 626 207	182 421 560	173 543 772	Index	100	195	191	182	Investments (EUR)	35 761 804	31 532 218	28 032 159	34 502 327	Index	100	88	78	96	Return on investments	28,1 %	61 %	53,3 %	44,7 %	Index	100	217	190	159	Source:Verified data of the sampled companies
	2010	2011	2012	RIP
Profitability of sales in the Union to unrelated customers (% of sales turnover)	11,7 %	20,8 %	17,6 %	14,4 %
Index	100	178	150	123
Cash flow (EUR)	95 605 038	196 626 207	182 421 560	173 543 772
Index	100	195	191	182
Investments (EUR)	35 761 804	31 532 218	28 032 159	34 502 327
Index	100	88	78	96
Return on investments	28,1 %	61 %	53,3 %	44,7 %
Index	100	217	190	159
Source:Verified data of the sampled companies

(181)	In the previous investigation it was found that the impact of the imposition of measures was not likely to have a serious negative effect on the situation of importers and users in the Union. EFIA made itself known as an interested party and requested that measures be allowed to expire for a number of reasons, as follows:—measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,—due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,—it is in the interest of the users to have access to various supply sources to increase choice.	—	measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,	—	due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,	—	it is in the interest of the users to have access to various supply sources to increase choice.
—	measures have been in place for almost 20 years and have achieved the desired effect of protecting the Union producers,
—	due to increasing domestic consumption in Russia, there is no risk that Russian products will be re-directed to the Union,
—	it is in the interest of the users to have access to various supply sources to increase choice.

(185)	The reasons mentioned were:—the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),—the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,—the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and—the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.	—	the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),	—	the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,	—	the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and	—	the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.
—	the large impact of fertilisers on the farmers' costs of production (between 7 % and up to 42 % of their variable costs, depending on the type of crops),
—	the possibility to purchase fertilisers at a price which is around EUR 15 to EUR 20 cheaper than the price charged by the Union producers,
—	the possibility to have access to a slightly different product (Russian prills are said to be slightly smaller than Union prills and thus adequate for use in certain production), and
—	the possibility to have access to several suppliers, thus increasing competition and avoiding oligopolistic positions and price fixing.

(a)	For goods produced by Open Joint Stock Company (OJSC) Azot, Novomoskovsk, Russia or by Open Joint Stock Company (OJSC) Nevinnomyssky Azot, Nevinnomyssk, Russia and either sold directly to the first independent customer in the EU or sold by EuroChem Trading GmbH, Zug, Switzerland or via Open Joint Stock Company (OJSC) Mineral and Chemical Company EuroChem, Moscow, Russia, or EuroChem Trading GmbH, Zug, Switzerland to the first independent customer in the EU (TARIC additional code A522):Product descriptionCN codeTARIC codeFixed amount of duty (EUR per tonne)Ammonium nitrate other than in aqueous solutions3102 30 90—32,82Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight3102 40 90—32,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 29 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 60 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight3102 90 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content3105 10 001032,82Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight3105 10 002031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 10 003030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 10 004029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 10 005028,88Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight3105 20 103031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 20 104030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 20 105029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 20 106028,88Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight3105 51 001031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight3105 51 002030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight3105 51 003029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight3105 51 004029,41Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight3105 59 001031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight3105 59 002030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight3105 59 003029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight3105 59 004029,41Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight3105 90 203031,84Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight3105 90 204030,85Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight3105 90 205029,87Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight3105 90 206028,88	Product description	CN code	TARIC code	Fixed amount of duty (EUR per tonne)	Ammonium nitrate other than in aqueous solutions	3102 30 90	—	32,82	Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight	3102 40 90	—	32,82	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight	3102 29 00	10	32,82	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight	3102 60 00	10	32,82	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight	3102 90 00	10	32,82	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content	3105 10 00	10	32,82	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight	3105 10 00	20	31,84	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight	3105 10 00	30	30,85	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight	3105 10 00	40	29,87	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight	3105 10 00	50	28,88	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight	3105 20 10	30	31,84	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight	3105 20 10	40	30,85	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight	3105 20 10	50	29,87	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight	3105 20 10	60	28,88	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight	3105 51 00	10	31,84	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight	3105 51 00	20	30,85	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight	3105 51 00	30	29,87	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight	3105 51 00	40	29,41	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight	3105 59 00	10	31,84	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight	3105 59 00	20	30,85	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight	3105 59 00	30	29,87	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight	3105 59 00	40	29,41	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight	3105 90 20	30	31,84	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight	3105 90 20	40	30,85	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight	3105 90 20	50	29,87	Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight	3105 90 20	60	28,88
Product description	CN code	TARIC code	Fixed amount of duty (EUR per tonne)
Ammonium nitrate other than in aqueous solutions	3102 30 90	—	32,82
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight	3102 40 90	—	32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight	3102 29 00	10	32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight	3102 60 00	10	32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight	3102 90 00	10	32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, with no phosphorus and no potassium content	3105 10 00	10	32,82
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of less than 3 % by weight	3105 10 00	20	31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight	3105 10 00	30	30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight	3105 10 00	40	29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and/or a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight	3105 10 00	50	28,88
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of less than 3 % by weight	3105 20 10	30	31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight	3105 20 10	40	30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight	3105 20 10	50	29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight	3105 20 10	60	28,88
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight	3105 51 00	10	31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight	3105 51 00	20	30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight	3105 51 00	30	29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight	3105 51 00	40	29,41
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of less than 3 % by weight	3105 59 00	10	31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 3 % by weight or more but less than 6 % by weight	3105 59 00	20	30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 6 % by weight or more but less than 9 % by weight	3105 59 00	30	29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a phosphorus content evaluated as P2O5of 9 % by weight or more but not exceeding 10,40 % by weight	3105 59 00	40	29,41
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of less than 3 % by weight	3105 90 20	30	31,84
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 3 % by weight or more but less than 6 % by weight	3105 90 20	40	30,85
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 6 % by weight or more but less than 9 % by weight	3105 90 20	50	29,87
Solid fertilisers with an ammonium nitrate content exceeding 80 % by weight, and a potassium content evaluated as K2O of 9 % by weight or more but not exceeding 12 % by weight	3105 90 20	60	28,88

(b)	For goods produced by JSC Kirovo-Chepetsky Khimichesky Kombinat (TARIC additional code A959):Product descriptionCN codeTARIC codeFixed amount of duty (EUR per tonne)Ammonium nitrate other than in aqueous solutions3102 30 90—47,07Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight3102 40 90—47,07For goods mentioned in paragraph 1 produced by JSC Kirovo-Chepetsky Khimichesky Kombinat and which are not mentioned in the table above, no anti-dumping duty shall apply.	Product description	CN code	TARIC code	Fixed amount of duty (EUR per tonne)	Ammonium nitrate other than in aqueous solutions	3102 30 90	—	47,07	Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight	3102 40 90	—	47,07
Product description	CN code	TARIC code	Fixed amount of duty (EUR per tonne)
Ammonium nitrate other than in aqueous solutions	3102 30 90	—	47,07
Mixtures of ammonium nitrate with calcium carbonate or other inorganic non-fertilising substances, with a nitrogen content exceeding 28 % by weight	3102 40 90	—	47,07