
Article 1 

1. A definitive countervailing duty is imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the USA, currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 29), ex 1518 00 91 (TARIC code 1518 00 91 29), ex 1518 00 99 (TARIC code 1518 00 99 29), ex 2710 19 43 (TARIC code 2710 19 43 29), ex 2710 19 46 (TARIC code 2710 19 46 29), ex 2710 19 47 (TARIC code 2710 19 47 29), ex 2710 20 11 (TARIC code 2710 20 11 29), ex 2710 20 15 (TARIC code 2710 20 15 29), ex 2710 20 17 (TARIC code 2710 20 17 29), 3824 90 92 (TARIC code 3824 90 92 12), ex 3826 00 10 (TARIC codes 3826 00 10 29, 3826 00 10 39, 3826 00 10 49, 3826 00 10 99) and ex 3826 00 90 (TARIC code 3826 00 90 19).
2. The rates of the definitive countervailing duty applicable to the, net free-at Union frontier price, before duty, of the product described in paragraph 1, and manufactured by the companies listed below, shall be a fixed amount as follows:
Company Countervailing duty rate EUR per tonne net TARIC additional code
Archer Daniels Midland Company, Decatur 237,0 A933
Cargill Inc., Wayzata 213,8 A934
Green Earth Fuels of Houston LLC, Houston 213,4 A935
Imperium Renewables Inc., Seattle 216,8 A936
Peter Cremer North America LP, Cincinnati 211,2 A937
Vinmar Overseas Limited, Houston 211,2 A938
World Energy Alternatives LLC, Boston 211,2 A939
Companies listed in Annex I 219,4 See Annex I
All other companies 237,0 A999The countervailing duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
3. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145 paragraphs 2 and 3 of Commission Regulation (EEC) No 2454/93, the amount of countervailing duty laid down in paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
4. The application of the individual duty rate specified for the companies listed in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall to conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
5. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Article 2 

1. The definitive counvervailing duty applicable to ‘all other companies’ as set out in Article 1, paragraph 2, is extended to imports into the Union of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro- treatment, of non-fossil origin, consigned from Canada, whether declared as originating in Canada or not, currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 21), ex 1518 00 91 (TARIC code 1518 00 91 21), ex 1518 00 99 (TARIC code 1518 00 99 21), ex 2710 19 43 (TARIC code 2710 19 43 21), ex 2710 19 46 (TARIC code 2710 19 46 21), ex 2710 19 47 (TARIC code 2710 19 47 21), ex 2710 20 11 (TARIC code 2710 20 11 21), ex 2710 20 15 (TARIC code 2710 20 15 21), ex 2710 20 17 (TARIC code 2710 20 17 21), ex 3824 90 92 (TARIC code 3824 90 92 10), ex 3826 00 10 (TARIC codes 3826 00 10 20, 3826 00 10 30, 3826 00 10 40, 3826 00 10 89) and ex 3826 00 90 (TARIC code 3826 00 90 11), with the exception of those produced by the companies listed below:
Country Company TARIC additional code
Canada BIOX Corporation, Oakville, Ontario, Canada B107
Canada Rothsay Biodiesel, Guelph, Ontario, Canada B108The duty to be extended shall be the one established for ‘All other companies’ in Article 1(2) of Regulation (EC) No 598/2009, which is a definitive countervailing duty of EUR 237 per tonne net.The countervailing duty on blends shall be applicable in proportion, in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
2. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3 of Regulation (EEC) No 2454/93, the amount of countervailing duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
3. The application of exemptions granted to the companies listed in paragraph 1 or authorised by the Commission in accordance with Article 5(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the countervailing duty as imposed by paragraph 1 shall apply.
4. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Article 3 

1. The definitive countervailing duty as set out in Article 1, paragraph 2, is hereby extended to imports into the Union of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America, and currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 30), ex 1518 00 91 (TARIC code 1518 00 91 30), ex 1518 00 99 (TARIC code 1518 00 99 30), ex 2710 19 43 (TARIC code 2710 19 43 30), ex 2710 19 46 (TARIC code 2710 19 46 30), ex 2710 19 47 (TARIC code 2710 19 47 30), ex 2710 20 11 (TARIC code 2710 20 11 30), ex 2710 20 15 (TARIC code 2710 20 15 30), ex 2710 20 17 (TARIC code 2710 20 17 30), ex 3824 90 92 (TARIC code 3824 90 92 20), ex 3826 00 90 (TARIC code 3826 00 90 30).The countervailing duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
2. In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3 of Regulation (EEC) No 2454/93, the amount of the countervailing duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
3. The application of the individual duty rate specified for the companies listed in Article 1, paragraph 2, shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall to conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.
4. Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.
Article 4 

1. Requests for exemption from the duty extended by Article 2(1) and Article 3(1) shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:European CommissionDirectorate-General for TradeDirectorate HOffice: Rue de la Loi 170, CHAR 04/0341049 BrusselsBELGIUMe-mail: TRADE-TDI-INFORMATION@ec.europa.eu
2. In accordance with Article 23(6) of Regulation (EC) No 597/2009, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the countervailing measures imposed by Regulation (EC) No 598/2009, from the duty extended by Article 2(1) and Article 3(1).
Article 5 
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.Done at Brussels, 14 September 2015.
For the Commission
The President
Jean-Claude JUNKER
ANNEX I

Company Name City TARIC additional code
AC & S Inc. Nitro A941
Alabama Clean Fuels Coalition Inc. Birmingham A940
American Made Fuels, Inc. Canton A940
Arkansas SoyEnergy Group DeWitt A940
Arlington Energy, LLC Mansfield A940
Athens Biodiesel, LLC Athens A940
Beacon Energy Cleburne A940
Biodiesel of Texas, Inc. Denton A940
BioDiesel One Ltd Southington A940
BioPur Inc. Bethlehem A941
Buffalo Biodiesel, Inc Tonawanda A940
BullDog BioDiesel Ellenwood A940
Carbon Neutral Solutions, LLC Mauldin A940
Central Iowa Energy LLC Newton A940
Chesapeake Custom Chemical Corp. Ridgeway A940
Community Fuels Stockton A940
Delta BioFuels Inc. Natchez A940
Diamond Biofuels Mazon A940
Direct Fuels Euless A940
Eagle Creek Fuel Services, LLC Baltimore A940
Earl Fisher Bio Fuels Chester A940
East Fork Biodiesel LLC Algona A940
ECO Solutions, LLC Chatsworth A940
Ecogy Biofuels LLC Tulsa A940
ED&F Man Biofuels Inc. New Orleans A940
Freedom Biofuels Inc. Madison A940
Freedom Fuels LLC Mason City A941
Fuel & Lube, LLC Richmond A940
Fuel Bio Elizabeth A940
FUMPA Bio Fuels Redwood Falls A940
Galveston Bay Biodiesel LP (BioSelect Fuels) Houston A940
GeoGreen Fuels LLC Houston A940
Georgia Biofuels Corp. Loganville A940
Green River Biodiesel, Inc. Moundville A940
Griffin Industries Inc. Cold Spring A940
High Plains Bioenergy Guymon A940
Huish Detergents Inc. Salt Lake City A940
Incobrasa Industries Ltd Gilman A940
Independence Renewable Energy Corp. Perdue Hill A940
Indiana Flex Fuels LaPorte A940
Innovation Fuels Inc. Newark A940
Integrity Biofuels Morristown A941
Iowa Renewable Energy LLC Washington A940
Johann Haltermann Ltd Houston A940
Lake Erie Biofuels LLC Erie A940
Leland Organic Corporation Leland A940
Louis Dreyfus Agricultural Industries LLC Claypool A940
Louis Dreyfus Claypool Holdings LLC Claypool A940
Middle Georgia Biofuels East Dublin A940
Middletown Biofuels LLC Blairsville A940
Musket Corporation Oklahoma City A940
Natural Biodiesel Plant LLC Hayti A941
New Fuel Company Dallas A940
North Mississippi Biodiesel New Albany A940
Northern Biodiesel, Inc. Ontario A940
Northwest Missouri Biofuels, LLC St. Joseph A940
Nova Biofuels Clinton County LLC Clinton A940
Nova Biosource Senaca A940
Organic Fuels Ltd Houston A940
Owensboro Grain Company LLC Owensboro A940
Paseo Cargill Energy, LLC Kansas City A940
Peach State Labs Inc. Rome A940
Perihelion Global, Inc. Opp A940
Philadelphia Fry-O-Diesel Inc. Philadelphia A940
Piedmont Biofuels Industrial LLC Pittsboro A941
Pinnacle Biofuels, Inc. Crossett A940
PK Biodiesel Woodstock A940
Pleasant Valley Biofuels, LLC American Falls A940
Prairie Pride Deerfield A941
RBF Port Neches LLC Houston A940
Red Birch Energy, Inc. Bassett A940
Red River Biodiesel Ltd New Boston A940
REG Ralston LLC Ralston A940
Renewable Energy Products, LLC Santa Fe Springs A940
Riksch BioFuels LLC Crawfordsville A940
Safe Renewable Corp. Conroe A940
Sanimax Energy Inc. DeForest A940
Seminole Biodiesel Bainbridge A940
Southeast BioDiesel LLC Charlotte A941
Soy Solutions Milford A940
SoyMor Biodiesel LLC Albert Lea A940
Stepan Company Northfield A941
Sunshine BioFuels, LLC Camilla A940
TPA Inc. Warren A940
Trafigura AG Stamford A940
U.S. Biofuels Inc. Rome A940
United Oil Company Pittsburgh A940
Valco Bioenergy Harlingen A940
Vanguard Synfuels, LLC Pollock A940
Vitol Inc. Houston A940
Walsh Bio Diesel, LLC Mauston A940
Western Dubque Biodiesel LLC Farley A940
Western Iowa Energy LLC Wall Lake A940
Western Petroleum Company Eden Prairie A940
Yokaya Biofuels Inc. Ukiah A941
ANNEX II

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(2), Article 2(2) or Article 3(2):

— The name and function of the official of the entity issuing the commercial invoice.
— The following declaration:
'I, the undersigned, certify that the (volume) of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as “biodiesel”, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address (TARIC additional code)] in [countr[y]ies concerned]. I declare that the information provided in this invoice is complete and correct.'

ANNEX III

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 3(3):

— The name and function of the official of the entity issuing the commercial invoice.
— The following declaration:
'I, the undersigned, certify that the (volume) of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as “biodiesel”, in pure form or in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin sold for export to the European Union covered by this invoice was manufactured by [company name and address] [TARIC additional code] in the United States of America. I declare that the information provided in this invoice is complete and correct.'
