title: Council Implementing Regulation (EU) No 1030/2010 of 17 November 2010 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

text:
               17.11.2010

               EN

               Official Journal of the European Union

               L 300/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 1030/2010
   of 17 November 2010
   imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9 and Article 11(2) thereof,
   Having regard to the proposal submitted by the European Commission (Commission) after consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

   1.   Measures in force

               (1)

               The Council, following an anti-dumping investigation (the original investigation), by Regulation (EC) No 1467/2004 (2), imposed a definitive anti-dumping duty on imports of certain polyethylene terephthalate (PET) originating, inter alia, in the People’s Republic of China (the definitive anti-dumping measures). The duty levels imposed were up to 22,9 % corresponding to 184 EUR/tonne for imports originating in the People’s Republic of China (‘the country concerned’ or ‘the PRC’).

               (2)

               Following a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation, the Council, by Regulation (EC) No 2167/2005 (3), amended Regulation (EC) No 1467/2004.

         2.   Request for a review

               (3)

               Following the publication of a notice of impending expiry (4) of the definitive anti-dumping measures in force, on 13 May 2009, the Commission received a request for the initiation of an expiry review of these measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by the Polyethylene Terephthalate Committee of Plastics Europe (the applicant) on behalf of producers representing a major proportion, in this case more than 50 %, of total Union production of PET.

               (4)

               The request for the expiry review was based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury to the Union industry.

               (5)

               After consulting the Advisory Committee, the Commission determined that sufficient evidence existed for the initiation of an expiry review. Accordingly, on 18 August 2009, the Commission announced by a notice of initiation (5) (the notice of initiation), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

         3.   Parallel proceedings

               (6)

               It is noted that on 3 September 2009, the Commission also announced the initiation of an anti-dumping proceeding (6) pursuant to Article 5 of the basic Regulation and an anti-subsidy proceeding (7) pursuant to Article 10 of Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not member of the European Community (8) concerning imports of certain PET originating in Iran, Pakistan and the United Arab Emirates.

               (7)

               The Council imposed a definitive countervailing duty on imports of certain polyethylene terephthlate originating in Iran, Pakistan and the United Arab Emirates by Regulation (EU) No 857/2010 published on 29 September 2010 (9). At the same time the Commission terminated the anti-dumping proceeding (10).

         4.   Investigation

   4.1.   Investigation period

               (8)

               The investigation of the likelihood of continuation or recurrence of dumping covered the period from 1 July 2008 to 30 June 2009 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1 January 2006 to the end of the RIP (period considered).

         4.2.   Parties concerned by the investigation

               (9)

               The Commission officially advised the complaining producers, other known Union producers, importers/traders, users known to be concerned and their associations, exporting producers and representatives of the exporting country concerned, of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

               (10)

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

               (11)

               In view of the apparent high number of Union producers, exporting producers and importers, it was considered appropriate, in accordance with Article 17 of the basic Regulation, to examine whether sampling should be used. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, the above parties were requested to make themselves known within 15 days of the initiation of the review and to provide the Commission with the information requested in the notice of initiation.

               (12)

               Fourteen Union producers provided the requested information and agreed to be included in the sample. On the basis of the information received from the cooperating Union producers, the Commission selected a sample of five Union producers representing 65 % of the sales by all cooperating Union producers to unrelated customers in the EU.

               (13)

               As only two Chinese exporting producers came forward with the requested information, it was not necessary to select a sample.

               (14)

               Only one importing agent provided the requested information and agreed to be included in the sample. Consequently, no sampling with regard to unrelated importers was necessary.

               (15)

               The Commission sent questionnaires to the sampled Union producers, to exporting producers, and to all users and suppliers known to be concerned as well as to those that made themselves known within the deadlines set out in the notice of initiation. Questionnaires were also sent to known producers in the USA (the envisaged analogue country).

               (16)

               Questionnaire replies were received from the five sampled Union producers, seven users in the Union, three suppliers of raw materials, and two producers in the USA. In addition, seven cooperating Union producers provided the requested general data for the injury analysis. No questionnaire replies, however, were submitted by the Chinese exporting producers.

               (17)

               In the course of the investigation, one of the five sampled Union producers was not in a position to provide all requested data and the sample consequently had to be reduced to four producers representing 47 % of the sales by all cooperating producers.

               (18)

               The Commission sought and verified all the information deemed necessary for a determination of the likelihood of continuation or recurrence of dumping and resulting injury and of the Union interest. Verification visits were carried out at the premises of the following companies:

                           (a)

                              Union producers

                                       —

                                       Novapet SA, Spain,

                                       —

                                       Equipolymers SRL, Italy,

                                       —

                                       UAB Orion Global PET (Indorama), Lithuania,

                                       —

                                       UAB Neo Group, Lithuania;

                           (b)

                              Users in the Union

                                       —

                                       Puccetti, Italy;

                           (c)

                              Producers in the USA

                                       —

                                       M & G Polymers USA, LLC, USA,

                                       —

                                       StarPet Inc., USA.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

               (19)

               The product concerned is the same as the one in the original investigation, i.e. polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, currently falling within CN code 39076020 and originating in the PRC.

               (20)

               The review investigation confirmed the finding of the original investigation that the product concerned, and the products manufactured and sold by the exporting producers on their domestic market and to third countries, as well as those manufactured and sold by the Union industry have the same basic physical and chemical characteristics and uses. Therefore, these products are considered to be like products within the meaning of Article 1(4) of the basic Regulation.

         C.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

   1.   Preliminary remarks

               (21)

               As explained above, it was not necessary to apply sampling in respect of exporting producers in the PRC.

               (22)

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

         2.   Dumping of imports during the RIP

               (23)

               Given the absence of significant import volumes from the PRC into the Union, these did not form a basis for a representative dumping finding. Therefore, no dumping calculation was made on the basis of the export prices from the PRC and the investigation therefore focused on the likelihood of recurrence of dumping.

         3.   Development of imports should measures be repealed

               (24)

               Given the fact that no exporting producer in the PRC cooperated in this investigation, the conclusions below rely on facts available in accordance with Article 18 of the basic Regulation, namely Eurostat data and the review request.

         3.1.   Relationship between the normal value and export prices to third countries

               (25)

               Since no exporting producer in the PRC cooperated, domestic sales prices of a market economy third country were compared to export prices from the PRC to third countries in accordance with Article 2(7) of the basic Regulation.

               (26)

               Since the PRC is an economy in transition and in accordance with the provisions of Article 2(7)(a) of the basic Regulation, normal value had to be determined on the basis of the price or constructed normal value obtained in an appropriate market economy third country (the analogue country), or the price from the analogue country to other countries, including the Union, or, where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Union for the like product, duly adjusted if necessary to include a reasonable profit margin.

               (27)

               In the notice of initiation, it was envisaged to use the USA as an appropriate analogue country for the purpose of establishing normal value for the PRC and interested parties were invited to comment on the appropriateness of this choice. No comments or objections were received from any parties in this respect. The USA was used as an analogue country in the original investigation. It is therefore considered that the USA is an appropriate analogue country.

               (28)

               Pursuant to Article 2(7) of the basic Regulation, normal value was established on the basis of the verified information received from producers in the analogue country, i.e. on the basis of prices paid or payable on the domestic market in the USA, for product types which were found to be sold in the ordinary course of trade.

               (29)

               As a result, normal value was established as the weighted average domestic sales price to unrelated customers by the cooperating producers in the USA.

               (30)

               It was first established for each of the two US cooperating exporting producers whether their total domestic sales of the like product to independent customers were representative in accordance with Article 2(2) of the basic Regulation, i.e. whether they accounted for 5 % or more of the total sales volume of the product concerned exported to the Union. The domestic sales of both US producers were considered sufficiently representative during the investigation period.

               (31)

               The Commission subsequently examined whether the domestic sales of the like product could be regarded as being sold in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing for the like product sold on the US market the proportion of profitable domestic sales to independent customers during the RIP.

               (32)

               Since the volume of profitable sales of the like product represented less than 80 % of the total sales volume of the like product, normal value was based on the actual domestic price, calculated as a weighted average of profitable sales.

               (33)

               As explained above, in the absence of significant import volumes and in view of the absence of any cooperation from PRC exporting producers, the export price was examined on the basis of data available from PRC export statistics on the quantity and value of exports from the PRC to its three most important export markets (Japan, Ukraine, United States), this being the best information available in accordance with Article 18 of the basic Regulation. Exports to these markets represented approximately 50 % of PRC exports of the product under investigation.

               (34)

               Data from the PRC export statistics showed that export prices to the above mentioned third countries were lower than the established normal value for the PRC. In fact, the investigation found that overall this price difference ranged in the RIP between 14 % and 38 %. This indicates a likelihood of recurrence of dumping on exports to the Union should measures be repealed.

         3.2.   Spare capacities

               (35)

               In the absence of other information concerning production and capacity, the analysis was made in accordance with Article 18 of the basic Regulation on the basis of the information contained in the review request.

               (36)

               On the basis of the information available, and in the absence of any information pointing to the contrary, production capacity in the PRC increased by 16 % over the period considered. During the RIP, the capacity utilisation was at a level of approximately 72 %. The spare capacity was therefore substantial and was in excess of 700 000 tonnes. By activating this spare capacity, Chinese production could supply up to 23 % of the Union consumption.

               (37)

               In addition, since production capacity in the PRC is expected to increase at a much higher rate than domestic demand, it is anticipated that a large part of any increase in production will be export oriented.

         4.   Conclusion on the likelihood of recurrence of dumping

               (38)

               Given that the prices of exports of the product under investigation to the PRC’s main export markets are below the normal value established during the RIP, and on the basis of the increasing spare capacity, it is likely that the volume of Chinese exports into the EU would increase at dumped prices should measures lapse.

               (39)

               In the light of the above, there is a likelihood of recurrence of dumping should measures be repealed.

         D.   DEFINITION OF THE UNION INDUSTRY

               (40)

               During the RIP, the like product was manufactured by 17 producers in the Union. The output of these producers (established on the basis of the information collected from the cooperating producers and, for the other Union producers, on the data from the review request) is therefore deemed to constitute the Union production within the meaning of Article 4(1) of the basic Regulation.

               (41)

               Of these 17 producers, 12 producers fully cooperated with the investigation. These 12 producers were found to account for a major proportion, in this case more than 80 %, of the total Union production of the like product. The 12 cooperating producers therefore constitute the Union industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation and are hereafter referred to as the ‘Union industry’. The remaining Union producers are hereafter referred to as the ‘other Union producers’. These other Union producers have not actively supported or opposed the complaint.

               (42)

               For the purpose of the injury analysis, the injury indicators have been established at the following two levels:

                           —

                           the macroeconomic elements (production, capacity, sales volume, market share, growth, employment, productivity, average unit prices and magnitude of dumping margins and recovery from the effects of past dumping) were assessed at the level of the whole Union production, on the basis of the information collected from the producers that came forward in the context of the sampling exercise and on an estimation based on the data from the review request for the other Union producers,

                           —

                           the analysis of microeconomic elements (stocks, wages, profitability, return on investments, cash flow, ability to raise capital and investments) was carried out for the sampled Union producers on the basis of their information.

               (43)

               It is noted that the EU market for PET is characterised by a relatively high number of producers, belonging usually to bigger groups with headquarters outside the EU. The market is in a process of consolidation with a number of recent takeovers and closures. For instance, since 2009, PET production plants of Tergal Fibers (France), Invista (Germany) and Artenius (UK) closed while Indorama took over the former Eastman plants in the UK and the Netherlands.

         E.   SITUATION ON THE UNION MARKET

   1.   Union consumption

               (44)

               Union consumption was established on the basis of the sales volumes of the Union industry on the Union market, the import volumes data for the Union market obtained from Eurostat and, concerning the other Union producers, from estimations based on the review request.

               (45)

               Union consumption of the product under investigation increased between 2006 and the RIP by 11 %. In detail, the apparent demand grew in 2007 by 8 %, decreased slightly between 2007 and 2008 (by 2 percentage points) and increased by further 5 percentage points between 2008 and the RIP.

                  Table 1

                           2006

                           2007

                           2008

                           RIP

                           Total EU consumption (tonnes)

                           2 709 400

                           2 936 279

                           2 868 775

                           2 996 698

                              Index (2006 = 100)

                              100

                              108

                              106

                              111

                              Source: Questionnaire replies. Eurostat data and review request.

         2.   Volume, market share and prices of imports from the People’s Republic of China

               (46)

               The volume of dumped imports of the product concerned into the EU remained relatively low and even decreased in the period considered. It reached 13 483 tonnes in the RIP, corresponding to a market share of 0,4 %. Prices of Chinese imports remained stable between 2006 and 2008 and then sharply decreased to 897 EUR/tonne at CIF level in the RIP, i.e. by 12 percentage points in relation to prices during 2008.

                  Table 2

                           2006

                           2007

                           2008

                           RIP

                           Volume of imports from the PRC (tonnes)

                           16 425

                           20 159

                           18 001

                           13 483

                              Index (2006 = 100)

                              100

                              123

                              110

                              82

                           Market share of imports from the PRC

                           0,6 %

                           0,7 %

                           0,6 %

                           0,4 %

                           Price of imports (EUR/tonne)

                           1 011

                           1 008

                           1 020

                           897

                              Index (2006 = 100)

                              100

                              100

                              101

                              89

                              Source: Eurostat.

         3.   Imports from other third countries

   (a)   Imports from Iran, Pakistan and the United Arab Emirates

               (47)

               As mentioned above, in recitals 6 et seq., an anti-dumping and an anti-subsidy proceeding concerning imports of PET from Iran, Pakistan and the United Arab Emirates were conducted in parallel to the current review.

               (48)

               The volume of imports from Iran, Pakistan and the United Arab Emirates into the EU increased significantly in the period considered and reached 304 202 tonnes in the RIP, corresponding to a market share of 10,2 %. Prices of these imports were even lower than the prices of imports from the PRC.

                  Table 3

                           2006

                           2007

                           2008

                           RIP

                           Volume of imports from Iran, Pakistan and the United Arab Emirates (tonnes)

                           55 939

                           67 067

                           218 248

                           304 202

                              Index (2006 = 100)

                              100

                              120

                              390

                              544

                           Market share of imports from Iran, Pakistan and the United Arab Emirates

                           2,1 %

                           2,3 %

                           7,6 %

                           10,2 %

                           Price of imports (EUR/tonne)

                           1 030

                           1 023

                           1 015

                           882

                              Source: Eurostat.

         (b)   Imports from the Republic of Korea

               (49)

               The Republic of Korea has been subject to anti-dumping duties since 2000. However, two Korean companies are subject to a zero anti-dumping duty and the investigation established that imports from the Republic of Korea remain at a high level and increased significantly in the period considered. The Korean imports increased by almost 150 % between 2006 and the RIP and their corresponding market share increased from 3,5 % in 2006 to 7,7 % in the RIP.

                  Table 4

                           2006

                           2007

                           2008

                           RIP

                           Volume of imports from South Korea (tonnes)

                           94 023

                           130 994

                           177 341

                           231 107

                              Index (2006 = 100)

                              100

                              139

                              189

                              246

                           Market share of imports from South Korea

                           3,5 %

                           4,5 %

                           6,2 %

                           7,7 %

                           Price of imports (EUR/tonne)

                           1 084

                           1 071

                           1 063

                           914

                              Source: Eurostat.

               (50)

               The average price of the Korean imports remained in general slightly below the average prices of the Union producers. However, the Korean prices were higher than the average prices from the PRC.

         (c)   Imports from other third countries not mentioned above

               (51)

               The volume of imports from other third countries of the product concerned into the EU increased slightly in the period considered and reached 428 396 tonnes in the RIP, corresponding to a market share of 14,3 %. Prices of these imports are relatively high and above the respective prices from the PRC and the countries in the parallel investigations, as well as above the average level of prices of the Union industry.

                  Table 5

                           2006

                           2007

                           2008

                           RIP

                           Volume of imports from other third countries (tonnes)

                           337 036

                           407 253

                           344 626

                           428 396

                              Index (2006 = 100)

                              100

                              121

                              102

                              127

                           Market share of imports from other third countries

                           12,4 %

                           13,9 %

                           12,0 %

                           14,3 %

                           Price of imports (EUR/tonne)

                           1 159

                           1 127

                           1 135

                           978

                              Source: Eurostat.

               (52)

               It can be concluded from the above that the imports from the other third countries did not have any negative bearing on the situation of the Union industry.

         4.   Economic situation of the Union industry

               (53)

               Pursuant to Article 3(5) of the basic Regulation all economic factors and indices having a bearing on the state of the Union industry during the period considered have been examined.

         4.1.   Macroeconomic elements

   (a)   Production

               (54)

               The Union production decreased by 4 % between 2006 and the RIP. More specifically, it increased by 5 % in 2007 to around 2 570 000 tonnes, but sharply decreased by 10 percentage points in 2008 compared to 2007 and slightly increased by 1 percentage point between 2008 and the RIP, when it reached around 2 300 000 tonnes.

                  Table 6

                           2006

                           2007

                           2008

                           RIP

                           Production (tonnes)

                           2 439 838

                           2 570 198

                           2 327 169

                           2 338 577

                              Index (2006 = 100)

                              100

                              105

                              95

                              96

                              Source: Questionnaire replies and review request.

         (b)   Production capacity and capacity utilisation

               (55)

               The production capacity of the Union producers increased by 15 % throughout the period considered. Specifically, it increased by 1 % in 2007, by further 5 percentage points in 2008 and by even further 9 percentage points in the RIP.

                  Table 7

                           2006

                           2007

                           2008

                           RIP

                           Production capacity (tonnes)

                           2 954 089

                           2 971 034

                           3 118 060

                           3 385 738

                              Index (2006 = 100)

                              100

                              101

                              106

                              115

                           Capacity utilisation

                           83 %

                           87 %

                           75 %

                           69 %

                              Index (2006 = 100)

                              100

                              105

                              90

                              84

                              Source: Questionnaire replies and review request.

               (56)

               Capacity utilisation was 83 % in 2006, increased to 87 % in 2007 but later dropped to 75 % in 2008 and to only 69 % in the RIP. The dropping utilisation rate in 2008 and the RIP reflected the decreased production and increased production capacity in this period.

         (c)   Sales volume

               (57)

               The sales volume of the Union producers to unrelated customers on the Union market modestly decreased in the period considered. The sales increased by 5 % in 2007, but in the following year decreased slightly below the 2006 level, and in the RIP they were 3 % lower that in 2006, at around 2 100 000 tonnes. Given the limited volume of stocks, the development of sales closely reflects the development in the production.

                  Table 8

                           2006

                           2007

                           2008

                           RIP

                           EU sales (tonnes)

                           2 202 265

                           2 318 567

                           2 171 203

                           2 133 787

                              Index (2006 = 100)

                              100

                              105

                              99

                              97

                              Source: Questionnaire replies and review request.

         (d)   Market share

               (58)

               During the period considered, the Union producers lost 10 percentage points of market share, which decreased from 85 % in 2006 to 75 % in the RIP. This loss of market share reflects the fact that, despite an increase in consumption, the Union industry’s sales dropped by 3 % in the period considered. It is noted that this decreasing trend was also found for the sampled Union producers.

                  Table 9

                           2006

                           2007

                           2008

                           RIP

                           Market share of the Union producers

                           84,9 %

                           83,2 %

                           79,8 %

                           75,1 %

                              Index (2006 = 100)

                              100

                              98

                              94

                              88

                              Source: Questionnaire replies and review request and Eurostat.

         (e)   Growth

               (59)

               Between 2006 and the RIP, whilst the Union consumption increased by 11 %, the volume of sales by the Union producers on the Union market decreased by 3 %, and the Union producers’ market share decreased by 10 percentage points. It is thus concluded that the Union producers could not benefit from any growth of the market.

         (f)   Employment

               (60)

               The employment level of the Union producers shows a decrease of 15 % between 2006 and the RIP. More specifically, the number of people employed decreased significantly from 2 400 in 2006 to 2 100 in 2007 or by 13 % and remained close to this level in 2008 and in the RIP. The drop in 2007 is a reflection of the restructuring efforts by a number of EU producers.

                  Table 10

                           2006

                           2007

                           2008

                           RIP

                           Employment (persons)

                           2 410

                           2 100

                           2 060

                           2 057

                              Index (2006 = 100)

                              100

                              87

                              85

                              85

                              Source: Questionnaire replies and review request.

         (g)   Productivity

               (61)

               Productivity of the Union producers’ workforce, measured as output (tonnes) per person employed per year, increased by 12 % in the period considered. This reflects the fact that production decreased at a lower pace than the employment level and is an indication of increased efficiency by the Union producers. This is particularly obvious in 2007 when production increased while the employment level decreased and the productivity was 21 % higher than in 2006.

                  Table 11

                           2006

                           2007

                           2008

                           RIP

                           Productivity (tonnes per employee)

                           1 013

                           1 224

                           1 130

                           1 137

                              Index (2006 = 100)

                              100

                              121

                              112

                              112

                              Source: Questionnaire replies and review request.

         (h)   Factors affecting sales prices

               (62)

               The annual average sales prices of the Union producers on the Union market to unrelated customers remained stable between 2006 and 2008 at around 1 100 EUR/tonne. In the RIP the annual average sale price decreased by 12 % and reached 977 EUR/tonne. The annual average sales price does not reflect the monthly or even daily price fluctuations of the PET on the European (and world) market, but is considered sufficient to show the trend during the period considered. The sales prices of PET normally follow the price trends of its main raw materials (mainly purified terephthalic acid — PTA — and monoethylene glycol — MEG) as they constitute up to 80 % of the total cost of PET.

                  Table 12

                           2006

                           2007

                           2008

                           RIP

                           Unit price EU market (EUR/tonne)

                           1 110

                           1 105

                           1 111

                           977

                              Index (2006 = 100)

                              100

                              100

                              100

                              88

                              Source: Questionnaire replies and review request.

         (i)   Magnitude of the dumping margin and recovery from past dumping

               (63)

               It is recalled that due to the currently very low import volumes of PET from the PRC, no dumping calculation was carried out. However, as stated in recital 39, a likelihood of recurrence of dumping was established based on prices to third countries and excess capacity. As regards recovery from past dumping, it is important to recall that after the imposition of definitive anti-dumping measures on imports from the PRC, the Union industry was faced with subsidised imports from Iran, Pakistan and the United Arab Emirates, leading to the imposition of provisional countervailing measures in June 2010 (11). Thus, no actual recovery from the past dumping could be established and it is considered that the Union industry remains vulnerable to the injurious effect of any dumped imports in the Union market.

         4.2.   Microeconomic elements

   (a)   Stocks

               (64)

               The level of closing stocks of the sampled producers decreased between 2006 and the RIP by 22 %. It is noted that the stocks represent less than 5 % of the annual production and therefore the relevance of this indicator in the injury analysis is limited.

                  Table 13

                           Sample

                           2006

                           2007

                           2008

                           RIP

                           Closing stock (tonnes)

                           61 374

                           57 920

                           46 951

                           47 582

                              Index (2006 = 100)

                              100

                              94

                              77

                              78

                              Source: Questionnaire replies.

         (b)   Wages

               (65)

               The annual labour cost increased by 11 % between 2006 and 2007, before decreasing by 2 percentage points in 2008 compared to 2007 and further 9 percentage points in the RIP compared to 2008 reaching the same level as in 2006. Overall, labour costs thus remained stable.

                  Table 14

                           Sample

                           2006

                           2007

                           2008

                           RIP

                           Annual labour cost (EUR)

                           27 671 771

                           30 818 299

                           30 077 380

                           27 723 396

                              Index (2006 = 100)

                              100

                              111

                              109

                              100

                              Source: Questionnaire replies.

         (c)   Profitability and return on investments

               (66)

               During the period considered, the profitability of the sampled producers’ sales of the like product on the Union market to unrelated customers, expressed as a percentage of net sales, remained negative and even dropped from – 6,9 % to – 7,5 %. More specifically, the situation with regard to profitability of the sampled producers improved in 2007 when net losses accounted only – 1,5 % of net sales, but losses increased sharply in 2008 to – 9,3 %. The situation slightly improved in the RIP.

                  Table 15

                           Sample

                           2006

                           2007

                           2008

                           RIP

                           Profitability of EU (% of net sales)

                           –6,9 %

                           –1,5 %

                           –9,3 %

                           –7,5 %

                              Index (2006 = – 100)

                              – 100

                              –22

                              – 134

                              – 108

                           ROI (profit in % of net book value of investments)

                           –9,6 %

                           –3,1 %

                           –16,8 %

                           –12,3 %

                              Index (2006 = – 100)

                              – 100

                              –32

                              – 175

                              – 127

                              Source: Questionnaire replies.

               (67)

               The return on investments (ROI), expressed as the profit in percent of the net book value of investments, broadly followed the profitability trend. It increased from a level of – 9,6 % in 2006 to – 3,1 % in 2007. It decreased to – 16,8 % in 2008 and increased again in the RIP to – 12,3 %. Overall, the return on investments remained negative and deteriorated by 2,7 percentage points over the period considered.

         (d)   Cash flow and ability to raise capital

               (68)

               The net cash flow from operating activities was negative at EUR – 18,5 million in 2006. It improved significantly in 2007 when it became positive at EUR 19,5 million, but deteriorated massively in 2008 (EUR – 42 million) before reaching the negative EUR – 11 million in the RIP. Overall, cash flow improved in the period considered although it remained negative.

               (69)

               There were no indications that the Union industry encountered difficulties in raising capital, mainly due to the fact that some of the producers are incorporated in larger groups.

                  Table 16

                           Sample

                           2006

                           2007

                           2008

                           RIP

                           Cash flow (EUR)

                           –18 453 130

                           19 478 426

                           –42 321 103

                           –11 038 129

                              Index (2006 = 100)

                              – 100

                              206

                              – 229

                              –60

                              Source: Questionnaire replies.

         (e)   Investments

               (70)

               The sampled companies’ annual investments in the production of the like product decreased by 34 % between 2006 and 2007, by a further 59 percentage points between 2007 and 2008 and then it slightly decreased in the RIP compared to 2008. Overall, investments decreased by 96 % in the period considered. This sharp drop in investments can be partially explained by the fact that in 2006 and 2007 new production lines were acquired aiming at increasing capacity.

                  Table 17

                           Sample

                           2006

                           2007

                           2008

                           RIP

                           Net investments (EUR)

                           98 398 284

                           64 607 801

                           6 537 577

                           4 298 208

                              Index (2006 = 100)

                              100

                              66

                              7

                              4

                              Source: Questionnaire replies.

               (71)

               The low level of investment in 2008 and the RIP is considered to be a result of the current vulnerable financial situation of the Union industry.

         5.   Conclusion on the situation of the Union industry

               (72)

               The analysis of the macroeconomic data shows that the Union producers decreased their production and sales during the period considered. Although the observed decrease was not dramatic as such, it needs to be seen in the context of increased demand between 2006 and the RIP, which resulted in the Union producers’ market share dropping by 10 percentage points to 75 %.

               (73)

               At the same time the relevant microeconomic indicators show a clear deterioration of the economic situation of the sampled Union producers. The profitability and return on investment remained negative and declined further overall between 2006 and the RIP. The cash flow, despite an overall positive development, also remained negative in the RIP.

               (74)

               In the light of the foregoing, it is concluded that the Union industry has continued to suffer material injury within the meaning of Article 3(5) of the basic Regulation and that its situation is very fragile and vulnerable and far from the levels that could be expected had it recovered from the injury found in the original investigation.

         F.   LIKELIHOOD OF CONTINUATION OF INJURY

   1.   Impact of the projected volume of imports and price effects in case of repeal of measures

               (75)

               As concluded in recital 38 above, the exporting producers in the PRC have significant spare capacities and a clear potential to increase their export volumes to the Union market.

               (76)

               The CIF export prices to third countries of PET originating in the PRC were lower than the average prices of the Union industry in the RIP. It is noted that the difference was not significant and given that these imports are subject to a conventional customs duty and some post importation charges, they would have not undercut the Union industry’s prices prevailing in the RIP. However, it must be stressed that the information from the parallel anti-subsidy proceeding mentioned in recital 6 shows that the prices of the Union industry in the RIP were significantly depressed by the subsidised imports from Iran, Pakistan and the UAE. Thus, the fact that there was no actual undercutting during the RIP does not mean that should imports from the PRC resume, their price levels would not be injurious.

               (77)

               Indeed, a comparison of the actual import prices from the PRC with the non-injurious price level showed that imports from the PRC would undersell the (non-injurious) Union industry’s prices. Consequently, in the absence of anti-dumping duties on imports originating in the PRC, any increased volumes of likely dumped imports from the PRC would exercise an even stronger price pressure on the Union industry and cause injury.

               (78)

               Furthermore, given the existing spare capacities for PET in the PRC, combined with the fact that the exporters in the PRC would in all likelihood try to regain their lost market shares, a repeal of measures would in all likelihood result in lower export prices. This would reinforce the price pressure with an expected further negative impact on the already vulnerable and materially injured situation of the Union industry.

               (79)

               Although the effect of imports from the PRC on the current precarious state of the Union industry was limited due to the low levels of imports during the period considered, this would in all likelihood change, should measures be repealed. Indeed, if the measures were repealed and the Union industry was exposed to increased volumes of imports from the PRC at dumped prices, this would result in further deterioration of its already precarious financial situation and further losses.

         2.   Conclusion on the continuation/recurrence of injury

               (80)

               On this basis, it is concluded that the repeal of measures against the PRC would in all likelihood result in the continuation of injury to the Union industry.

         G.   UNION INTEREST

               (81)

               In accordance with Article 21 of the basic Regulation, it was examined whether the maintenance of the existing anti-dumping measures 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. All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.

               (82)

               It should be recalled that, in the original investigation, the adoption of measures was considered not to be against the interest of the Union. Furthermore, the fact that the present investigation is a review, thus analysing a situation in which anti-dumping measures have already been in place, allows the assessment of any undue negative impact on the parties concerned by the current anti-dumping measures.

               (83)

               On this basis, it was examined whether, despite the conclusions on the likelihood of a continuation or recurrence of injurious dumping, compelling reasons existed which would lead to the conclusion that it is not in the Union interest to maintain measures in this particular case.

         1.   Interest of the Union industry and other Union producers

               (84)

               The continuation of the anti-dumping measures on imports from the country concerned would enhance the possibility for the Union industry to reach a reasonable level of profitability, as it would help avoiding that the Union industry is pushed out of the market by substantial volumes of dumped imports from the PRC. Indeed, there is a clear likelihood of injurious dumping in substantial volumes which the Union industry could not withstand. The Union industry would therefore continue to benefit from the maintenance of the current anti-dumping measures.

               (85)

               Accordingly, it is concluded that the maintenance of anti-dumping measures against the PRC would clearly be in the interest of the Union industry and other Union producers.

         2.   Interest of unrelated importers in the Union

               (86)

               As indicated above, only one importing agent submitted some information in the sampling exercise. This agent strongly opposed any continuation of the measures although it declared no imports from the PRC. Consequently, it is concluded that the maintenance of measures against imports from the PRC will not have any significant impact on the performance of this agent.

               (87)

               No other importer submitted relevant information. Given that imports from other countries where there are currently anti-dumping measures in force did not stop and that imports are available from countries without any anti-dumping measures (e.g. Oman, USA, Brazil), it is considered that importers could continue to source from the alternative sources of supply.

               (88)

               Bearing in mind that there is no evidence suggesting that the measures in force considerably affected importers, it is concluded that the continuation of measures will not affect the Union importers to any significant extent.

         3.   Interest of the raw material suppliers in the Union

               (89)

               Three raw material suppliers (two of PTA and one of MEG) cooperated with the investigation by submitting the questionnaire reply within the set time limit. The staff employed in their European facilities and involved in the production of PTA/MEG was around 700.

               (90)

               The cooperating PTA producers represent around 50 % of the PTA purchases of the sampled Union producers. PTA producers are heavily dependant on the state of the PET producers that constitute their major clients. Low prices of PET translate into lower prices of PTA and lower margins for the PTA producers. Consequently, it is considered that the imposition of measures on the dumped imports of PET would benefit the PTA producers.

               (91)

               For the cooperating MEG supplier, MEG represents less than 10 % of its total turnover. It is noted that with regard to MEG, PET is not its only or even the major possible application and MEG producers are less dependent on the situation of the PET industry. None the less, the difficulties of the PET industry may have some limited impact on the suppliers of MEG, at least in a short to medium term.

               (92)

               Given the above, it is concluded that continuation of measures against imports from the PRC would be in the interest of raw material suppliers.

         4.   Interest of the users

               (93)

               PET subject to this proceeding (i.e. with the viscosity number of 78 ml/g or higher, so called ‘bottle grade’) is mostly used to produce bottles for water and other drinks. Its use for the production of other packages (solid foodstuff or detergents) and to produce sheet is developing, but it remains relatively limited. Bottles of PET are produced in two stages: (i) first a pre-form is made by mould injection of PET, and (ii) later the pre-form is heated and blown into a bottle. Bottle making can be an integrated process (i.e. the same company buys PET, produces a pre-form and blows it into the bottle) or limited to the second stage (blowing the pre-form into a bottle). Pre-forms can be relatively easily transported as they are small and dense, while empty bottles are unstable and due to their size very expensive to transport.

               (94)

               PET bottles are filled with water and/or other beverages by the bottling companies (bottlers). The bottlers are often involved in the PET business either via integrated bottle making operations or via tolling agreements with subcontracted converters and/or bottle makers for whom they negotiate the PET price with the producer (soft tolling) or even buy the PET for their own bottles (hard tolling).

               (95)

               Consequently, two groups of users may be distinguished:

                           —

                           converters and/or bottle makers that buy PET directly from producers, convert it into pre-forms (or bottles) and sell it further for downstream processing (or filling), and

                           —

                           bottlers that buy PET for their subcontracting bottle makers/converters (hard tolling) or negotiate the price for which the subcontracted converter and/or bottle maker will get the PET (soft tolling).

               (96)

               Over 70 users have been contacted in this investigation, but only seven of them (converters and bottlers) decided to cooperate by filling in a questionnaire.

               (97)

               It has been established that the cooperating users imported only negligible quantities of PET from the country concerned and sourced it predominantly from the Union producers and/or from other countries.

               (98)

               Given that alternative sources of supply continue to exist and that currently the users imported only very limited volumes of the product concerned from the PRC, it is concluded that the continuation of measures against imports from the PRC will not have any significant negative effect on the users in the Union.

               (99)

               Following disclosure of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained some interested parties, in particular users, submitted their comments.

               (100)

               The Union producers that requested the review basically agreed with the findings of the investigation and in particular with the conclusions with regard to the Union interest.

               (101)

               On the other hand seven users and one association of users expressed their strong opposition against the reimposition of the current anti-dumping measures, claiming that the Commission’s findings with regard to the Union interest display serious deficiencies and inaccuracies; however, without substantiating their claims any further.

               (102)

               Given the lack of any evidence that would support the claims with respect to alledged inaccuracy of the Commission’s findings, these claims are rejected as unfunded.

               (103)

               Following the disclosure the cooperating importing agent also strongly opposed the reimposition of measures.

               (104)

               This interested party claimed that the Commission failed to properly take into account the interest of the PET users’ industry, that would allegedly suffer from any PET price increase as they would not be in a position to pass forward any cost increase.

               (105)

               It is noted in this regard that this interested party failed to demonstrate how in practice the maintainance of already existing measures could lead to any increase of the PET price on the Union market and to what extent.

               (106)

               It is also reiterated that given the relatively low cooperation of users in this investigation, there is no information on the file that would show that the continuation of measures would have disproportionate effects on users.

               (107)

               Consequently, based on the information available, it is considered that maintaining the measures will not have any disproportionate negative effects on the level of PET prices in the EU and thus the claim regarding the negative impact on users, as presented by the importing agent, is rejected.

               (108)

               The same interested party claims that the Commission failed to examine the impact of the continuation of current measures on PET packaging companies and that consequently the Union interest analysis in incomplete and incorrect.

               (109)

               It is reiterated in this regard that following the initiation of this review only seven users came forward and the information available in the framework of this proceeding did not allow for the analysis of the interest of this sub-group of users in the Union.

               (110)

               The comments submitted after the disclosure, including the comments from packaging companies, were (as indicated above in recitals 101 and 102) not substantiated and could not be used for a more exhaustive analysis concerning the packaging industry.

         5.   Conclusion on Union interest

               (111)

               Taking into account all of the factors outlined above, it is concluded that there are no compelling reasons against the maintenance of the current anti-dumping measures.

         H.   ANTI-DUMPING MEASURES

               (112)

               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 within which they could make representations subsequent to this disclosure. The submissions and comments were duly taken into consideration, where warranted.

               (113)

               It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of PET originating in the PRC should be maintained. It is recalled that these measures consist of specific duties.

               (114)

               The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product concerned produced by these companies and thus by the specific legal entities mentioned. Imports of the product concerned manufactured by any other company not specifically mentioned in Article 1(2) with its name and address, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

               (115)

               Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (12) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be accordingly amended by updating the list of companies benefiting from individual duty rates,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   A definitive anti-dumping duty is hereby imposed on imports of polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, currently falling within CN code 39076020 and originating in the People’s Republic of China.
   2.   The rate of the anti-dumping duty applicable to the net, free-at-Union frontier price, before duty, for the products described in paragraph 1 and manufactured by the companies listed below shall be as follows:

               Country

               Company

               Anti-dumping duty
               (EUR/tonne)

               TARIC additional code

               PRC

               Sinopec Yizheng Chemical Fibre Company Ltd

               184

               A505

               Changzhou Worldbest Radici Co. Ltd

               0

               A506

               Jiangyin Xingye Plastic Co. Ltd

               157

               A507

               Far Eastern Industries Shanghai Ltd

               22

               A508

               Yuhua Polyester Co. Ltd of Zhuhai

               184

               A509

               Jiangyin Chengsheng New Packing Material Co. Ltd

               45

               A510

               Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd

               184

               A511

               Yibin Wuliangye Group Push Co., Ltd (Sichuan) and Yibin Wuliangye Group Import & Export Co. Ltd (Sichuan)

               184

               A512

               Hubei Changfeng Chemical Fibres Industry Co. Ltd

               151

               A513

               All other companies

               184

               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 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code (13), the amount of anti-dumping duty, calculated on the basis of paragraph 2 above, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.
   4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 November 2010.

            For the Council

            The President

         D. REYNDERS

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

      (2)  OJ L 271, 19.8.2004, p. 1.

      (3)  OJ L 345, 28.12.2005, p. 11.

      (4)  OJ C 5, 10.1.2009, p. 3.

      (5)  OJ C 194, 18.8.2009, p. 9.

      (6)  OJ C 208, 3.9.2009, p. 12.

      (7)  OJ C 208, 3.9.2009, p. 7.

      (8)  OJ L 188, 18.7.2009, p. 93.

      (9)  OJ L 254, 29.9.2010, p. 10.

      (10)  OJ L 254, 29.9.2010, p. 40.

      (11)  OJ L 134, 1.6.2010, p. 25.

      (12)  European Commission, Directorate-General for Trade, Directorate H, NERV-105, 1049 Brussels, BELGIUM.

      (13)  OJ L 253, 11.10.1993, p. 1.


title: Commission Implementing Regulation (EU) No 21/2014 of 10 January 2014 amending for the 210th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network

text:
               11.1.2014

               EN

               Official Journal of the European Union

               L 8/22

         COMMISSION IMPLEMENTING REGULATION (EU) No 21/2014
   of 10 January 2014
   amending for the 210th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,
   Whereas:

               (1)

               Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

               (2)

               On 2 January 2014, the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove two persons from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Furthermore, on 6 January 2014, the Sanctions Committee of the UNSC decided to remove two entities from the list.

               (3)

               Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 10 January 2014.

            For the Commission, On behalf of the President,

            the Head of the Service for Foreign Policy Instruments

      (1)  OJ L 139, 29.5.2002, p. 9.

      ANNEX
      Annex I to Regulation (EC) No 881/2002 is amended as follows:

                  (1)

                  The following entries under the heading ‘Legal persons, groups and entities’ are deleted:

                              (a)

                                 ‘International Islamic Relief Organisation, Philippines, Branch offices (alias (a) International Islamic Relief Agency, (b) International Relief Organisation, (c) Islamic Relief Organization, (d) Islamic World Relief, (e) International Islamic Aid Organisation, (f) Islamic Salvation Committee, (g) The Human Relief Committee of the Muslim World League, (h) World Islamic Relief Organisation, (i) Al Igatha Al-Islamiya, (j) Hayat al-Aghatha al-Islamia al-Alamiya, (k) Hayat al- Igatha, (l) Hayat Al-'Igatha, (m) Ighatha, (n) Igatha, (o) Igassa, (p) Igasa, (q) Igase, (r) Egassa, (s) IIRO). Address: (a) International Islamic Relief Organisation, Philippines Office, 201 Heart Tower Building; 108 Valero Street; Salcedo Village, Makati City; Manila, Philippines, (b) Zamboanga City, Philippines, (c) Tawi Tawi, Philippines, (d) Marawi City, Philippines, (e) Basilan, Philippines, (e) Cotabato City, Philippines. Other information: (a) Associated with the Abu Sayyaf Group and Jemaah Islamiyah; (b) All offices closed in 2006 but as of early 2009, the IIRO office in Manila, the Philippines had reopened. Date of designation referred to in Article 2a (4) (b): 4.8.2006.’

                              (b)

                                 ‘International Islamic Relief Organization, Indonesia, Branch Office (alias (a) International Islamic Relief Agency, (b) International Relief Organization, (c) Islamic Relief Organization, (d) Islamic World Relief, (e) International Islamic Aid Organization, (f) Islamic Salvation Committee, (g) The Human Relief Committee of the Muslim World League, (h) World Islamic Relief Organization, (i) Al Igatha Al-Islamiya, (j) Hayat al-Aghatha al-Islamia al-Alamiya, (k) Hayat al-Igatha, (l) Hayat Al-‘Igatha, (m) Ighatha, (n) Igatha, (o) Igassa, (p) Igasa, (q) Igase, (r) Egassa, (s) IIRO). Address: (a) International Islamic Relief Organization, Indonesia Office; Jalan Raya Cipinang Jaya No. 90; East Jakarta, 13410, Indonesia; (b) P.O. Box 3654; Jakarta 54021, Indonesia; (c) 8 Jalan Tarnan Simanjuntak Barat, Cipinang Cempedak Jakarta Timur 13340 Indonesia. Other information: Associated with Jemaah Islamiyah and the International Islamic Relief Organization, Philippines, Branch Offices. Date of designation referred to in Article 2a (4) (b): 9.11.2006.’

                  (2)

                  The following entries under the heading ‘Natural persons’ are deleted:

                              (a)

                                 ‘Nabil Ben Mohamed Ben Ali Ben Attia (alias Abu Salim). Address: Via Val Bavona 1, Milan, Italy. Date of birth: 11.5.1966. Place of birth: Tunis, Tunisia Nationality: Tunisian. Passport No: L289032 (Tunisian passport issued on 22.8.2001 which expires on 21.8.2006). Date of designation referred to in Article 2a(4)(b): 3.9.2002.’

                              (b)

                                 ‘Atilla Selek (alias Muaz). Date of birth: 28.2.1985. Place of birth: Ulm, Germany. National identification No: L1562682 (Identity paper issued by the Foreigners’ Authority in Freiburg, Germany). Address: Kurwaldweg 1, 75365 Calw, Germany. Date of designation referred to in Article 2a (4) (b): 18.6.2009.’


title: Commission Implementing Regulation (EU) 2015/2255 of 2 December 2015 concerning the classification of certain goods in the Combined Nomenclature

text:
               5.12.2015

               EN

               Official Journal of the European Union

               L 321/10

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2255
   of 2 December 2015
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at 3 months.

               (5)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of 3 months from the date of entry into force of this Regulation.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 2 December 2015.

            For the Commission,

            On behalf of the President,

         Heinz ZOUREK

            Director-General for Taxation and Customs Union

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  An article in the shape of a circle (so-called ‘coin vibration motor’) with a diameter of 9 mm and a thickness of 4 mm with an inbuilt 4 V DC, 1 W electrical motor.
                  The article is designed to be used in tablets, mobile phones etc. to create a vibration effect. That effect is the result of the rotation of the shaft of the motor due to the presence of a non-symmetric mass attached to the shaft.
                  For mounting purposes the article is provided with self-adhesive tape on one side.
                  See the image (1).

                  8479 89 97

                  Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8479, 8479 89 and 8479 89 97.
                  As the function of the article is to create vibration, classification under heading 8501 as an electric motor is excluded (see also the Harmonised System Explanatory Notes to heading 8501, group (II), eighth paragraph (b)).
                  The article is therefore to be classified under CN code 8479 89 97 as other machines and mechanical appliances having individual functions, not specified or included elsewhere.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 702/2013 of 22 July 2013 on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella and amending Commission Regulation (EC) No 1162/2009  Text with EEA relevance

text:
               24.7.2013

               EN

               Official Journal of the European Union

               L 199/3

         COMMISSION IMPLEMENTING REGULATION (EU) No 702/2013
   of 22 July 2013
   on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella and amending Commission Regulation (EC) No 1162/2009
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (1), and in particular the second subparagraph of 63(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 882/2004 provides for significant changes to the rules and procedures for official controls. It applies from 1 January 2006. However, the application of a number of those rules and procedures with immediate effect from that date would have presented practical difficulties in certain cases.

               (2)

               Regulation (EC) No 882/2004 requires laboratories carrying out an analysis of samples taken during official controls to be accredited in accordance with certain European standards referred to therein. However, Commission Regulation (EC) No 1162/2009 of 30 November 2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council (2) lays down certain transitional measures, including a derogation from that requirement for laboratories in order to permit a smooth transition to the full implementation of the new rules and procedures. Regulation (EC) No 1162/2009 applies until 31 December 2013.

               (3)

               The Report of 28 July 2009 from the Commission to the European Parliament and the Council on the experience gained from the application of the hygiene Regulations (EC) No 852/2004, (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 (3)‘aims at presenting factually the experience gained, including the difficulties encountered, in 2006, 2007 and 2008 from the implementation of the hygiene package by all interested actors’ (‘the report’).

               (4)

               The report includes experiences on the transitional measures, including those provided for in Regulation (EC) No 882/2004. The report indicates that difficulties still exist in relation to the accreditation of in-house slaughterhouse laboratories.

               (5)

               Those difficulties need to be addressed by a review of Regulation (EC) No 882/2004. Accordingly, an impact assessment, accompanying such a review was launched immediately after the publication of the report.

               (6)

               On 6 May 2013, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council on official control and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products (4). That proposal provides for the repeal of Regulation (EC) No 882/2004 and provides for a possible derogation on accreditation of official laboratories whose sole activity is the detection of Trichinella in meat.

               (7)

               In addition, experience has shown that laboratories carrying out official testing for Trichinella and located in slaughterhouses or game handling establishments require additional time to obtain full accreditation, since accreditation is a complex and laborious process. Accordingly, this Regulation should provide for further transitional measures pending the adoption of that new Regulation by the European Parliament and by the Council.

               (8)

               Provision should therefore be made for a further transitional period during which the transitional measures currently laid down in Regulation (EC) No 1162/2009 should continue to apply. In the interest of clarity, Regulation (EC) No 1162/2009 should be amended accordingly.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   This Regulation lays down transitional measures for the application of Regulation (EC) No 882/2004 for a transitional period from 1 January 2014 to 31 December 2016.
   Article 2
   By way of derogation from Article 12(2) of Regulation (EC) No 882/2004, the competent authority may designate a laboratory carrying out official testing for Trichinella and located in a slaughterhouse or a game handling establishment provided that, although not accredited in accordance with the European standards referred to in point (a) of that paragraph, the laboratory:

               (a)

               demonstrates that it has initiated and is pursuing the necessary accreditation procedures in accordance with Article 12(2)(a) of Regulation (EC) No 882/2004;

               (b)

               provides the competent authority with satisfactory guarantees that quality control schemes for the analyses of samples it conducts for the purpose of official controls are in place.

         Member States applying this transitional measure shall report to the Commission on the progress in accrediting any such designated laboratories by the 31 December each year.
   Article 3
   Chapter IV of Regulation (EC) No 1162/2009 is deleted.
   Article 4
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2014 to 31 December 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 July 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 165, 30.4.2004, p. 1.

      (2)  OJ L 314, 1.12.2009, p. 10.

      (3)  COM(2009) 403 final.

      (4)  COM(2013) 265 final.


title: Commission Implementing Regulation (EU) No 247/2013 of 19 March 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               20.3.2013

               EN

               Official Journal of the European Union

               L 77/12

         COMMISSION IMPLEMENTING REGULATION (EU) No 247/2013
   of 19 March 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 March 2013.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  73,8

                  TN

                  97,8

                  TR

                  121,1

                  ZZ

                  97,6

                  0707 00 05

                  JO

                  194,1

                  MA

                  152,2

                  TR

                  139,5

                  ZZ

                  161,9

                  0709 91 00

                  EG

                  66,7

                  ZZ

                  66,7

                  0709 93 10

                  MA

                  42,0

                  TR

                  90,4

                  ZZ

                  66,2

                  0805 10 20

                  EG

                  61,2

                  IL

                  69,8

                  MA

                  62,8

                  TN

                  55,9

                  TR

                  70,7

                  ZZ

                  64,1

                  0805 50 10

                  TR

                  78,4

                  ZZ

                  78,4

                  0808 10 80

                  AR

                  116,0

                  BR

                  97,9

                  CL

                  134,3

                  CN

                  76,4

                  MK

                  32,3

                  US

                  184,9

                  ZA

                  115,3

                  ZZ

                  108,2

                  0808 30 90

                  AR

                  113,5

                  CL

                  155,7

                  CN

                  84,8

                  TR

                  168,0

                  US

                  194,3

                  ZA

                  103,8

                  ZZ

                  136,7

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


title: Commission Implementing Regulation (EU) No 989/2011 of 4 October 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               5.10.2011

               EN

               Official Journal of the European Union

               L 260/17

         COMMISSION IMPLEMENTING REGULATION (EU) No 989/2011
   of 4 October 2011
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:
   Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,
   HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 5 October 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 4 October 2011.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX
      Standard import values for determining the entry price of certain fruit and vegetables

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  BR

                  31,9

                  MK

                  48,8

                  ZZ

                  40,4

                  0707 00 05

                  EG

                  98,1

                  MK

                  44,0

                  TR

                  111,6

                  ZZ

                  84,6

                  0709 90 70

                  TR

                  106,9

                  ZZ

                  106,9

                  0805 50 10

                  AR

                  67,2

                  BR

                  41,3

                  CL

                  80,9

                  TR

                  63,8

                  UY

                  68,8

                  ZA

                  76,7

                  ZZ

                  66,5

                  0806 10 10

                  CL

                  79,6

                  EG

                  65,0

                  MK

                  82,2

                  TR

                  106,6

                  ZA

                  60,7

                  ZZ

                  78,8

                  0808 10 80

                  CL

                  90,0

                  CN

                  82,6

                  NZ

                  114,0

                  US

                  114,5

                  ZA

                  80,2

                  ZZ

                  96,3

                  0808 20 50

                  CN

                  91,8

                  TR

                  107,9

                  ZZ

                  99,9

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


title: Commission Implementing Regulation (EU) No 382/2013 of 25 April 2013 on the issue of licences for importing rice under the tariff quotas opened for the April 2013 subperiod by Implementing Regulation (EU) No 1273/2011

text:
               26.4.2013

               EN

               Official Journal of the European Union

               L 116/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 382/2013
   of 25 April 2013
   on the issue of licences for importing rice under the tariff quotas opened for the April 2013 subperiod by Implementing Regulation (EU) No 1273/2011
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,
   Having regard to Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (3), and in particular the first paragraph of Article 5 thereof,
   Whereas:

               (1)

               Implementing Regulation (EU) No 1273/2011 opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Implementing Regulation.

               (2)

               April is the second subperiod for the quota provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011.

               (3)

               The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quota with order number 09.4130, the applications lodged in the first 10 working days of April 2013 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantity requested under the quota concerned.

               (4)

               Those notifications also show that, for the quotas with order number 09.4127 — 09.4128 — 09.4129, the applications lodged in the first 10 working days of April 2013 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available.

               (5)

               The total quantity available for the following subperiod should also be fixed for the quotas with order number 09.4127 — 09.4128 — 09.4129 — 09.4130, in accordance with the first subparagraph of Article 5 of Implementing Regulation (EU) No 1273/2011.

               (6)

               In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   For import licence applications for rice under the quota with order number 09.4130 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of April 2013, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.
   2.   The total quantity available for the following subperiod under the quotas with order number 09.4127 — 09.4128 — 09.4129 — 09.4130, referred to in Implementing Regulation (EU) No 1273/2011, is set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 25 April 2013.

            For the Commission, On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 238, 1.9.2006, p. 13.

      (3)  OJ L 325, 8.12.2011, p. 6.

      ANNEX

         Quantities to be allocated for the April 2013 subperiod and quantities available for the following subperiod under Implementing Regulation (EU) No 1273/2011

      Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:

                  Origin

                  Order number

                  Allocation coefficient for the April 2013 subperiod

                  Total quantity available for the July 2013 subperiod (kg)

                  United States

                  09.4127

                      (1)

                  28 624 542

                  Thailand

                  09.4128

                      (1)

                  8 932 004

                  Australia

                  09.4129

                      (1)

                  997 500

                  Other origins

                  09.4130

                  0,910411 %

                  0

         (1)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.