title: Council Implementing Regulation (EU) No 1008/2011 of 10 October 2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China as extended to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

text:
               13.10.2011

               EN

               Official Journal of the European Union

               L 268/1

         COUNCIL IMPLEMENTING REGULATION (EU) No 1008/2011
   of 10 October 2011
   imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China as extended to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, 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 Articles 9(4) and 11 paragraphs (2), (5) and (6) 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 1174/2005 (2), imposed, a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts currently falling within CN code ex 8427 90 00 and ex 8431 20 00 originating in the People’s Republic of China (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty ranging between 7,6 % and 46,7 %.

               (2)

               The Council, following an ex officio product scope interim review, by Regulation (EC) No 684/2008 (3), clarified the product scope of the original investigation.

               (3)

               Following an ex officio anti-circumvention investigation of the anti-dumping measures, the Council, by Regulation (EC) No 499/2009 (4), extended the definitive anti-dumping duty applicable to ‘all other companies’ imposed by Regulation (EC) No 1174/2005 to hand pallet trucks and their essential parts consigned from Thailand whether declared as originating in Thailand or not.

         2.   Request for an expiry review

               (4)

               Following the publication of a notice of impending expiry (5) of the definitive anti-dumping measures in force, the Commission received on 21 April 2010 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 two Union producers: BT Products AB and Lifter SRL (‘the applicants’) representing a major proportion, in this case almost the total Union production of hand pallet trucks and their essential parts.

               (5)

               The request 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.

         3.   Initiation of an expiry review

               (6)

               Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced on 20 July 2010, by a notice published in the Official Journal of the European Union
                   (6) (‘the Notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

         4.   Investigation

   4.1.   Investigation period

               (7)

               The investigation of continuation or recurrence of dumping covered the period from 1 July 2009 to 30 June 2010 (‘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 2007 to the end of the review investigation period (‘the period considered’).

         4.2.   Parties concerned by the investigation

               (8)

               The Commission officially advised the applicants, exporting producers, importers, users known to be concerned, and the representatives of the exporting country 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 out in the Notice of initiation.

               (9)

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

               (10)

               In view of the apparent large number of unrelated 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, pursuant to Article 17 of the basic Regulation, to make themselves known within 15 days of the initiation of the reviews and to provide the Commission with the information requested in the Notice of initiation. However, no unrelated importers came forward to cooperate. Sampling was therefore not necessary.

               (11)

               The Commission sent questionnaires to all parties known to be concerned and to those who made themselves known within the deadlines set in the Notice of initiation. Replies were received from the two groups of Union producers which are the applicants. None of the known exporting producers in the People’s Republic of China (PRC) cooperated in the review. None of the importers came forward during the sampling exercise and no other importers or users supplied the Commission with any information or made themselves known in the course of the investigation.

               (12)

               The Commission sought and verified all the information it 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 interested parties:

                  Union producers

                           —

                           Lifter SRL, Casole d’Elsa, Italy,

                           —

                           BT Products AB, Mjölby, Sweden.

         B.   PRODUCT CONCERNED AND LIKE PRODUCT

               (13)

               The product concerned by this review is the same as the one in the original investigation and clarified by the product scope interim review, namely hand pallet trucks and their essential parts, i.e. chassis and hydraulics, originating in the PRC, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00. For the purpose of this Regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks).

               (14)

               The investigation confirmed that, as in the original investigation, the product concerned and the products manufactured and sold on the domestic market in the PRC, as well as those manufactured and sold in the EU by the Union producers, have the same basic physical and technical characteristics as well as the same uses and are, therefore, considered to be like products within the meaning of Article 1(4) of the basic Regulation.

         C.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

               (15)

               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.

         1.   Preliminary remarks

               (16)

               Nineteen known Chinese exporting producers were contacted upon initiation. Only one company, Crown Equipment (Suzhou), initially came forward and agreed to be included in the sample, but withdrew its cooperation subsequently. Consequently, none of the exporting producers in the PRC cooperated with the investigation and findings on the likelihood of continuation or recurrence of dumping had to be based on facts available, in particular information submitted by the applicants, including information in the review request, Eurostat data, as well as official export statistics of the PRC.

         2.   Dumping of imports during the RIP

   2.1.   Analogue country

               (17)

               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.

               (18)

               In the original investigation, Canada served as an analogue country for the purposes of establishing normal value. Given that production in Canada had ceased, Brazil was envisaged as analogue country in the notice of initiation of the present review. However, none of the known Brazilian exporting producers agreed to cooperate. Alternatively, cooperation was sought from 27 Indian producers and two Taiwanese producers, but similarly no cooperation could be obtained. Interested parties have not put forward any other suggestions for an analogue country.

               (19)

               One non-cooperating exporter claimed that the Commission did not demonstrate that the use of analogue country data was impossible in the current case. The suggestions given by the company have been checked. In some cases companies proposed by the non-cooperting exporter appeared not to be a producer of the product concerned. The company also suggested that Vietnam could have been used as an analogue country. However, Vietnam could not be taken into account because it is not considered as a market economy country. As explained in recitals 17 and 18 above, the Commission contacted a large number of companies in three potential analogue countries: Brazil, India and Taiwan. Despite these efforts no cooperation was obtained. Without any analogue country cooperation, in compliance with Article 2(7)(a) of the basic Regulation, the normal value had to be based on the price actually paid or payable in the European Union for the like product, duly adjusted if necessary to include a reasonable profit margin. Therefore the claim had to be rejected.

         2.2.   Normal value

               (20)

               In view of lack of cooperation from an analogue country in the present review, the price actually paid or payable in the Union for the like product duly adjusted if necessary to include a reasonable profit margin, was used as a basis to establish normal value. The same methodology was used for both the company that received MET in the original investigation as well as for the companies not granted MET in the original investigation.

         2.3.   Export price

               (21)

               In view of the fact that no cooperation was obtained from the Chinese exporting producers, the export price was established on the basis of facts available. Different sources of information were consulted in order to establish the export price: Eurostat data, offers of Chinese exporting producers as submitted by the applicants and export invoices collected from Member States’ customs authorities.

         2.4.   Comparison

               (22)

               The weighted average normal value was compared with the weighted average export price, on an ex-works basis, at the same level of trade. In accordance with Article 2(10) of the basic Regulation, and for the purpose of ensuring a fair comparison, differences in factors affecting price and price comparability were taken into account. Adjustments were made for ocean and domestic freight in the exporting country, as well as insurance.

         2.5.   Dumping margin

               (23)

               In accordance with Article 2(11) of the basic Regulation, the dumping margin was established on the basis of a comparison of the weighted average normal value with the weighted average export price. This comparison showed the existence of significant dumping during the RIP ranging from 97 % to 224 %. The significant difference in dumping margins is due to the different data used for establishing the export price.

         3.   Development of imports should measures be repealed

               (24)

               Further to the analysis of the existence of dumping during the RIP, the likelihood of continuation of dumping should measures be repealed was investigated. 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 information provided in the review request as well as data provided by the applicants, Eurostat data and official export statistics of the PRC.

               (25)

               In this respect, the following elements were analysed: development of imports from the PRC, spare capacity of the exporters and attractiveness of the Union market, Chinese domestic prices and export prices to third countries.

         3.1.   Development of imports from the PRC

               (26)

               The Chinese exporting producers continued to supply significant volumes of hand pallet trucks to the Union market following the imposition of the measures in 2005. The volume of imports from the PRC into the EU during the RIP, nearly 400 000 units, corresponding to 99 % of total EU imports, considerably exceeded the levels noted prior to the imposition of measures (ranging from 118 000 units in 2000 to 280 000 units in the original IP).

         3.2.   Spare capacity of the exporters

               (27)

               In the absence of other sources of information concerning production and capacity in the PRC, the analysis was made in accordance with Article 18 of the basic Regulation on the basis of information submitted by the applicants. The market information contained in the review request, which has not been challenged by the interested parties, points to a huge capacity in the PRC. Already the production levels in 2008 and 2009, respectively 1,5 million units and 800 000 units, were more than twice the size of the entire Union market. In addition, only a limited fraction of Chinese production (14 % in 2008 and 23 % in 2009) was sold on the Chinese domestic market.

               (28)

               The levels of production clearly point to the conclusion that in the absence of measures, significant additional quantities of Chinese hand pallet trucks could be directed to the Union market.

         3.3.   Attractiveness of the Union market, Chinese domestic prices and export prices to third countries

               (29)

               The Union market remains to be attractive for the Chinese exporting producers in terms of prices. Imports from the PRC entered the EU at roughly one third of the prices charged by the Union industry to its unrelated EU customers.

               (30)

               Based on the Chinese export statistics, it was found that during the RIP the Union was the destination for 40 % of all Chinese exports of hand pallet trucks. The USA is the second largest export market for Chinese hand pallet trucks, accounting for 20 % of all Chinese exports, while the remaining volumes are fragmented among different destinations.

               (31)

               Chinese export prices to the EU are overall in line with the average Chinese export prices to all third countries except the USA. However, it can be concluded that at least part of the Chinese exports to third countries other than the EU or the USA (40 % of total Chinese exports) could potentially be redirected to the EU should measures be repealed. Such a development is likely not only because higher prices could be achieved in the absence of measures but notably because of the fragmentation of those third country exports. Given the importance of the Union market and already established sales channels, it would be easier to handle one export destination instead of different countries.

               (32)

               Chinese export prices to the EU are considerably higher than Chinese export prices to the USA (17 % more expensive during the RIP). Given the non-cooperation from Chinese exporters, it cannot be determined to what extent this price difference can be explained by differences in the product mix. Nevertheless, on the basis of the export data available, it cannot be excluded that hand pallet trucks currently exported to the USA at lower prices would be (partly) redirected to the Union market should measures be repealed. Such a development could be explained by the reasons mentioned in recital 31 above.

               (33)

               The above price comparisons demonstrate that the EU remains a highly attractive destination for the Chinese exporting producers, which would in all likelihood continue to export large quantities of hand pallet trucks at low prices.

         3.4.   Conclusion of the likelihood of continuation or recurrence of dumping

               (34)

               The foregoing analysis demonstrates that Chinese imports continued to enter the Union market at dumped prices with very high dumping margins. Given most notably the analysis of price levels on the EU and other third country markets as well as capacities available in the PRC, it can be concluded there is a likelihood of continuation of dumping should measures be removed.

         D.   DEFINITION OF THE UNION INDUSTRY

   1.   Union production

               (35)

               Within the Union, the like product is manufactured by the two groups of companies which are the applicants, as well as by a third Union producer of hand pallet trucks. The output of these companies constitutes the total Union production of the like product within the meaning of Article 4(1) of the basic Regulation.

         2.   Union industry

               (36)

               Since these producers account for the total Union production of hand pallet trucks and their essential parts, they are deemed to constitute the Union industry within the meaning of Article 4(1) and Article 5(4) of the basic Regulation and will hereinafter be referred to as the ‘Union industry’.

               (37)

               One non-cooperating exporter claimed that that the Commission has used an inaccurate definition of the Union industry because it included a non-cooperating Union producer under the definition of Union industry and in the scope of its injury analysis. They argued that this was done in violation of Article 5(4) of the basic Regulation. However, pursuant to Article 4(1) of the basic Regulation, the Union industry includes Union producers of the like product as a whole. The non-cooperating producer therefore forms part of the Union industry according to the basic Regulation. As explained in recital 42, data for the non-cooperating Union producer have only been included with respect to the analysis of sales volumes to unrelated customers and market shares of the Union industry. It is also noted that in case the non-cooperating Union producer was excluded from the analysis, the findings of the investigation would remain unchanged.

         E.   SITUATION ON THE UNION MARKET

   1.   Preliminary remark

               (38)

               Given that no Chinese exporting producer of the product concerned cooperated in this investigation, data relating to imports of the product concerned into the European Union originating in the PRC (‘the country concerned’) are based on Eurostat figures.

         2.   Consumption in the Union market

               (39)

               Union consumption was established on the basis of the sales volumes of the Union industry on the Union market and import data from Eurostat.

               (40)

               Between 2007 and the RIP, Union consumption decreased by 40 %, with the main decrease occurring between 2008 and 2009.

                  Table 1

                           2007

                           2008

                           2009

                           RIP

                              Total EU consumption (pieces)

                           783 330

                           654 843

                           385 410

                           468 557

                              Index (2007 = 100)

                              100

                              84

                              49

                              60

         3.   Volume, market share and prices of imports from the PRC

               (41)

               The volume of imports originating in the PRC has decreased by 37 % over the period considered and reached a level of 387 907 pieces during the RIP. However, notwithstanding the significant decrease in Union demand, the market share of Chinese imports increased over the period considered since Chinese imports did not decrease at the same rate as Union consumption. The market share of imports from the country concerned therefore significantly increased between 2007 and the RIP, when it reached around 83 %. The average price of the Chinese imports have slightly varied over the period considered.

                  Table 2

                           2007

                           2008

                           2009

                           RIP

                              Volume of imports from the country concerned

                              (pieces)
                               (7)

                           612 222

                           522 573

                           300 222

                           387 907

                              Index (2007 = 100)

                              100

                              85

                              49

                              63

                              Market share of imports from the country concerned
                               (7)

                           78 %

                           80 %

                           78 %

                           83 %

                              Price of imports from the country concerned (EUR/piece)
                               (7)

                           96

                           92

                           100

                           97

                              Index (2007 = 100)

                              100

                              96

                              104

                              101

         4.   Economic situation of the Union industry

               (42)

               Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic factors and indices having a bearing on the state of the Union industry. For confidentiality reasons (only two producers — the applicants — cooperated in the review) only indices are disclosed below. As concerns the total EU sales volume to unrelated customers as well as the market share of the Union industry shown in Tables 6 and 7 below, in order to be consistent with Tables 1 and 2 above (consumption and Chinese market share), the data are based on all three Union producers, i.e. including the two applicant groups and the third manufacturer not cooperating in the review (the sales volume figures of the latter are based on the information submitted by the applicants).

         4.1.   Production

               (43)

               In the RIP, production decreased by 35 % compared to 2007.

                  Table 3

                           2007

                           2008

                           2009

                           RIP

                              Production (pieces)

                              Index (2007 = 100)

                              100

                              84

                              55

                              65

         4.2.   Capacity and capacity utilisation rates

               (44)

               Production capacity remained stable between 2007 and the RIP. While capacity utilisation was already at a low level in 2007, the decrease in production between 2007 and the RIP led to a further significant decrease of capacity utilisation by 20 percentage points between 2007 and the RIP where capacity utilisation was at a very low level.

                  Table 4

                           2007

                           2008

                           2009

                           RIP

                              Production capacity (pieces)

                              Index (2007 = 100)

                              100

                              100

                              100

                              100

                              Capacity utilisation

                              Index (2007 = 100)

                              100

                              84

                              55

                              65

         4.3.   Stocks

               (45)

               The level of closing stocks of the Union industry increased by 56 % between 2007 and the RIP.

                  Table 5

                           2007

                           2008

                           2009

                           RIP

                              Closing stock (pieces)

                              Index (2007 = 100)

                              100

                              131

                              59

                              156

         4.4.   Sales volume

               (46)

               The sales by the Union industry on the Union market to unrelated customers decreased by 50 % over the period considered with the largest decrease between 2008 and 2009.

                  Table 6

                           2007

                           2008

                           2009

                           RIP

                              EU Sales volume to unrelated customers (pieces)

                              Index (2007 = 100)

                              100

                              79

                              55

                              50

         4.5.   Market share

               (47)

               The market share held by the Union industry declined from an already low level in 2007 by further 16 % between 2007 and the RIP. Two of the four Union producers of the original investigation have stopped manufacturing hand pallet trucks. Both events can be seen as developing from the increased pressure that the Chinese dumped imports have been exercising on the Union market, which pressure was felt even more by the Union industry in a situation of strongly decreasing consumption.

                  Table 7

                           2007

                           2008

                           2009

                           RIP

                              Market share of the Union industry

                              Index (2007 = 100)

                              100

                              95

                              111

                              84

         4.6.   Growth

               (48)

               Between 2007 and the RIP, the Union consumption decreased by 40 %. The Union industry lost 3,2 percentage points of market share, whilst the imports concerned gained 5 percentage points of market share.

         4.7.   Employment

               (49)

               The level of employment of the Union industry declined by 17 % between 2007 and the RIP. This shows the efforts made by the Union industry to rationalise production in a situation of strongly decreasing demand.

                  Table 8

                           2007

                           2008

                           2009

                           RIP

                              Employment product concerned (persons)

                              Index (2007 = 100)

                              100

                              84

                              76

                              83

         4.8.   Productivity

               (50)

               Productivity of the Union industry’s workforce, measured as output per person employed per year, decreased by 22 % between 2007 and the RIP.

                  Table 9

                           2007

                           2008

                           2009

                           RIP

                              Productivity (pieces per employee)

                              Index (2007 = 100)

                              100

                              103

                              74

                              78

         4.9.   Sales prices and factors affecting domestic prices

               (51)

               Unit sales prices of the Union industry slightly increased by 4 % between 2007 and the RIP.

                  Table 10

                           2007

                           2008

                           2009

                           RIP

                              Unit price EU market (EUR/piece)

                              Index (2007 = 100)

                              100

                              101

                              103

                              104

         4.10.   Wages

               (52)

               Between 2007 and the RIP, the average wage per employee decreased by 29 %. This also shows the succesfull efforts made by the Union industry to contain costs, despite the problems caused by the drastic reduction in the volume of production.

                  Table 11

                           2007

                           2008

                           2009

                           RIP

                              Annual labour cost per employee (thousand EUR)

                              Index (2007 = 100)

                              100

                              91

                              63

                              71

         4.11.   Investments

               (53)

               Between 2007 and the RIP, the annual flow of investments in the product concerned made by the Union industry decreased sharply by 91 %.

                  Table 12

                           2007

                           2008

                           2009

                           RIP

                              Net investments (EUR)

                              Index (2007 = 100)

                              100

                              58

                              27

                              9

         4.12.   Profitability and return on investments

               (54)

               Profitability of the Union industry decreased substantially by 66 % between 2007 and the RIP.

               (55)

               The return on investments (‘ROI’) decreased also significantly, by 57 % during the period considered.

                  Table 13

                           2007

                           2008

                           2009

                           RIP

                              Net profit of EU sales to unrelated customers (% of net sales)

                              Index (2007 = 100)

                              100

                              68

                              –2

                              34

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

                              Index (2007 = 100)

                              100

                              80

                              –2

                              43

         4.13.   Cash flow and ability to raise capital

               (56)

               The net cash-flow from operating activities is reported in table 14 below. 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 14

                           2007

                           2008

                           2009

                           RIP

                              Cash flow (EUR)

                              Index (2007 = 100)

                              100

                              84

                              65

                              73

         4.14.   Magnitude of dumping margin

               (57)

               Given the volume, market share and prices of the imports from the PRC, the impact on the Union industry of the actual margins of dumping cannot be considered to be negligible.

         4.15.   Recovery from the effects of past dumping

               (58)

               The indicators examined above show that, notwithstanding the imposition of the anti-dumping measures in 2005, the economic and financial situation of the Union industry has remained substantially fragile, because of the overwhelming presence of low priced chinese goods in the Union market. This already precarious situation has turned into a clearly injurious picture during 2009 and the RIP, when a substantial decrease in Union consumption has highlighted the full extent of the negative pressure exerced by the dumped chinese imports. During that period in fact, the Union industry has seen its production and sales volumes decrease at a higher rate than the Union consumption and has therefore experienced a substantial additional loss in market shares. Over the same period, and despite the measures, the market share of Chinese imports has further increased and Chinese products have continued to be imported at prices substantially lower than the prices of the Union industry. During the RIP, profits further decreased for the Union industry. Therefore, the Union industry was not able to recover from the effects of dumping and its situation has even further deteriorated during the RIP.

         4.16.   Conclusions

               (59)

               Between 2007 and the RIP, and notwithstanding the existence of the anti-dumping measures, a number of important indicators developed negatively: profitability decreased by 4,9 percentage points, production and sales volumes decreased by 35 % and 50 % respectively, capacity utilisation went down by 35 % and was followed by a decrease in employment. Although a part of these negative developments may be explained by the strong decrease in consumption, which declined by 40 % over the period considered, the Union industry’s further decrease in market share (down by 4 percentage points between 2007 and the RIP) and the constant increase in market share of imports from the PRC is a clear sign of the increasing pressure resulting from the dumped Chinese imports. Given the quasi monopoly already reached by the Chinese imports in the Union market, any further increase of Chinese imports, also because of their significantly low prices, may reduce the level of production utilisation of the Union industry under the minimum necessary to ensure its sustainability. In this respect, it is recalled that two Union producers have been forced to leave the hand pallet truck business in the course of the period considered, as already mentioned at recital 47 above.

               (60)

               In its comments to the disclosure one Chinese exporting producer claimed that certain indicators including production, sales volume, profitability, capacity utilisation, employment show in fact no negative development for the Union industry. However, the company had only looked at the development between 2009 and the RIP while for the assessment of injury the overall development of the Union industry during the period considered, i.e. between 2007 and the RIP needs to be assessed. As explained above (see recitals 43 to 49), all the injury indicators mentioned by the Chinese exporter developed in a negative direction during the period considered.

               (61)

               Moreover, the same exporter claimed that the Commission did not distinguish between the injurious effects caused by the dumped imports and other effects, in particular the slump of demand as a result of the economic crisis. However, while it is true that Union consumption decreased by 40 % over the period considered, Chinese exporters managed to significantly gain market share at the same time at the expense of the Union industry. In addition, as explained in recital 58 above, it is recalled that the impact of dumped imports was actually more injurious during the period of weak demand.
               It is therefore concluded that, despite the existence of the antid-umping measures, the Union industry has suffered material injury during the RIP.

         5.   Impact of dumped imports and other factors

   5.1.   Impact of the dumped imports

               (62)

               Despite a decrease in consumption in the European Union over the period considered, the volume of imports from the country concerned did not decrease at the same rate, thereby resulting in the Chinese imports further increasing their market share. In the absence of cooperation from Chinese exporting producers, price undercutting and underselling were calculated on the basis of best facts available, which included various sources of information i.e. Eurostat data, offers from Chinese exporting producers as submitted by the applicants, and export invoices collected from Member States’ customs authorities. The imports from the country concerned were found to clearly undercut the prices of the Union industry by between 43 % and 78 %, depending on the source of information used.

         5.2.   Imports from other countries

               (63)

               Imports from other countries are at a very low level and dropped further by 79 % between 2007 and the RIP. The market share of imports from other countries decreased during the RIP as well. For confidentiality reasons (two producers are constituting the Union industry) only indices are disclosed below.

                  Table 15

                           2007

                           2008

                           2009

                           RIP

                              Volume of imports from other countries (pieces)

                              Index (2007 = 100)

                              100

                              60

                              6

                              21

                              Market share of imports from the other countries

                              Index (2007 = 100)

                              100

                              71

                              12

                              34

         6.   Conclusion

               (64)

               As shown under recital 41 the imports from the country concerned have increased in terms of market share over the period considered, and this despite a significant drop in Union consumption. This has increased the market share held by Chinese imports to 83 % of Union consumption during the RIP. This increased pressure in terms of volumes, despite an overall shrinking demand, has been coupled with significantly low Chinese import prices to the Union, which considerably undercut the prices of the Union industry. It is therefore concluded that there is a causal link between the dumped imports from the PRC and the material injury suffered by the Union industry during the RIP.

         F.   LIKELIHOOD OF CONTINUATION OF INJURY

   1.   Preliminary remarks

               (65)

               As already seen, the imposition of anti-dumping measures has not allowed the Union industry to recover from the injury suffered.

         2.   Likely development of Chinese exports in case measures are repealed

               (66)

               As mentioned at recital 27 above, huge production capacities are available in the PRC. The production levels in 2008 and 2009, respectively 1,5 million units and 800 000 units, were already more than twice the size of the entire Union market. In addition, only a limited fraction of Chinese production (14 % in 2008 and 23 % in 2009) was sold on the Chinese domestic market. In the absence of measures, therefore, significant additional quantities of Chinese hand pallet trucks could be directed to the Union market.

               (67)

               As mentioned above at recital 31, Chinese export prices to the EU are overall in line with the average Chinese export prices to all third countries. However, it can be concluded that at least part of the Chinese exports to third countries other than the EU or the USA (40 % of total Chinese exports) could potentially be redirected to the EU should measures be repealed. Such a development is likely not only because higher prices could be achieved in the absence of measures but notably because of the fragmentation of those third country exports. Given the importance of the Union market and already established sales channels, it would be easier to handle one export destination instead of bulk of different countries.

         3.   Conclusion

               (68)

               In the light of the findings mentioned at recitals 66 and 67 above, it is concluded that there is likelihood that the material injury found during the RIP will continue should the measures be repealed. This is likely to lead to a further deterioration of the economic and financial situation of the Union industry, which could even jepodarsie its existence in the medium term.

         G.   UNION INTEREST

   1.   Introduction

               (69)

               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 the various interests involved, i.e. those of the Union industry, of importers, and of users.

               (70)

               It should be recalled that, in the original investigation, the adoption of measures was considered not to be against the Union interest. 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.

               (71)

               On this basis it was examined whether, despite the conclusions on the likelihood of a continuation of injurious dumping, it could be clearly concluded that it is not in the Union interest to maintain measures in this particular case.

         2.   Interest of the Union industry

               (72)

               The Union industry has consistently lost market share while imports from the country considered have substantially increased in market share over the period considered. Two of the original four Union producers have stopped the production of the product investigated. Moreover, the Union industry has suffered material injury during the period considered. Without the existence of the measures, the Union industry would likely be in an even worse situation.

         3.   Interest of importers and users

               (73)

               None of unrelated importers and users that were contacted came forward to cooperate. It is recalled that, in the original investigation, it was found that the impact of the imposition of measures would not be significant for the users. Despite the existence of measures for five years, importers/users in the Union continued to source their supply mainly from the PRC. No indications were brought forward either that there have been difficulties in finding other sources. Moreover, it is recalled that in the original investigation cooperating users remained neutral as to the imposition of measures and it was concluded that hand pallet trucks were of a minor importance in their business. No indications of the contrary were found in the course of this review. It is therefore concluded that the maintenance of the anti-dumping measures is not likely to have a serious effect on importers/users in the Union. In fact, without measures the Chinese dumped imports could monopolise the Union hand pallet trucks market.

         4.   Conclusion

               (74)

               Given the above, it cannot be clearly concluded that the maintenance of the current anti-dumping measures would not be in the Union interest.

         H.   ANTI-DUMPING MEASURES

               (75)

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

               (76)

               In its comments to the disclosure, the Union industry stressed that the dumping and undercutting levels found in the review are much higher than in the original investigation and that there was increasing pressure from dumped Chinese imports. The Union industry therefore submitted that the Commission should also consider reassessing the level of the anti-dumping duties. In view of these comments, and also in view of the findings of this review, consideration is being given to the possibility of opening a full interim review limited to dumping.

               (77)

               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 hand pallet trucks and their essential parts originating in the PRC should be maintained. It is recalled that these measures consist of an ad valorem duty at different rates.

               (78)

               It is recalled that the measures subject to the current review were extended by Regulation (EC) No 499/2009 to imports of the same product, consigned from Thailand whether originating in Thaliand or not. No new element was brought forward in this respect in the framework of this review. The definitive anti-dumping duty of 46,7 % and applicable ‘for all other companies’ to imports originating in the PRC should therefore be extended to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not.

               (79)

               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 the operative part of this Regulation 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’.

               (80)

               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 (8) 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 amended accordingly 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 hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within CN codes ex 8427 90 00 (TARIC codes 8427900011 and 8427900019) and ex 8431 20 00 (TARIC codes 8431200011 and 8431200019), originating in the People’s Republic of China. For the purpose of this Regulation, hand pallet trucks shall be trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (ii) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks).
   2.   The rate of the definitive anti-dumping duty applicable to the net free-at-Union-frontier price, before duty, for the products described in paragraph 1 and produced by the companies listed below shall be as follows:

               Company

               Rate of duty
               (%)

               TARIC additional code

               Ningbo Liftstar Material Transport Equipment Factory, Zhouyi Village, Zhanqi Town, Yin Zhou District, Ningbo City, Zhejiang Province, 315144, PRC

               32,2

               A600

               Ningbo Ruyi Joint Stock Co. Ltd, 656 North Taoyuan Road, Ninghai, Zhejiang Province, 315600, PRC

               28,5

               A601

               Ningbo Tailong Machinery Co. Ltd, Economic Developing Zone, Ninghai, Ningbo City, Zhejiang Province, 315600, PRC

               39,9

               A602

               Zhejiang Noblelift Equipment Joint Stock Co. Ltd, 58, Jing Yi Road, Economy Development Zone, Changxin, Zhejiang Province, 313100, PRC

               7,6

               A603

               All other companies

               46,7

               A999

         3.   The definitive anti-dumping duty applicable to ‘all other companies’, as set out in paragraph 2, is hereby extended to imports of hand pallet trucks and their essential parts, i.e. chassis and hydraulics, as further defined in paragraph 1, currently falling within CN codes ex 8427 90 00 and ex 8431 20 00 (TARIC codes 8427900011 and 8431200011) and consigned from Thailand, whether declared as originating in Thailand or not.
   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 Luxembourg, 10 October 2011.

            For the Council

            The President

         A. KRASZEWSKI

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

      (2)  OJ L 189, 21.7.2005, p. 1.

      (3)  OJ L 192, 19.7.2008, p. 1.

      (4)  OJ L 151, 16.6.2009, p. 1.

      (5)  OJ C 70, 19.3.2010, p. 29.

      (6)  OJ C 196, 20.7.2010, p. 15.

      (7)  Data from Eurostat. In 2007 and 2008, a part of Chinese products were declared with Thai origin, until the imposition of anti-circumvention measures on imports from Thailand in 2008. Therefore, those Thai imports were added to the imports from the country concerned, slightly affecting the 2007 and 2008 data in Table 2 above.

      (8)  European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, BELGIUM.


title: Council Implementing Regulation (EU) 2015/548 of 7 April 2015 implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran

text:
               8.4.2015

               EN

               Official Journal of the European Union

               L 92/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2015/548
   of 7 April 2015
   implementing Regulation (EU) No 359/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to Council Regulation (EU) No 359/2011 of 12 April 2011 concerning restrictive measures against certain persons, entities and bodies in view of the situation in Iran (1), and in particular Article 12(1) thereof,
   Whereas:

               (1)

               On 12 April 2011, the Council adopted Regulation (EU) No 359/2011.

               (2)

               On the basis of a review of Council Decision 2011/235/CFSP (2), the Council has decided that the restrictive measures therein should be renewed until 13 April 2016.

               (3)

               The Council has also concluded that the entries concerning certain persons and one entity included in Annex I to Regulation (EU) No 359/2011 should be updated.

               (4)

               Furthermore, there are no longer grounds for keeping two persons on the list of persons and entities subject to restrictive measures set out in Annex I to Regulation (EU) No 359/2011.

               (5)

               In addition, one entry concerning a person already included in Annex I to Regulation (EU) No 359/2011should be deleted.

               (6)

               Annex I to Regulation (EU) No 359/2011 should be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Council Regulation (EU) No 359/2011 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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, 7 April 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  OJ L 100, 14.4.2011, p. 1.

      (2)  Council Decision 2011/235/CFSP of 12 April 2011 concerning restrictive measures directed against certain persons and entities in view of the situation in Iran (OJ L 100, 14.4.2011, p. 51).

      ANNEX

                  (1)

                  The entries for the following persons shall be deleted from the list set out in Annex I to Council Regulation (EU) No 359/2011:

                              42.

                              HEYDARI Nabiollah

                              70.

                              REZVANI Gholomani

                              72.

                              ELAHI Mousa Khalil

                  (2)

                  The entries for the following persons and entity as set out in in Annex I to Council Regulation (EU) No 359/2011 shall be replaced by the entries below:

                     Persons

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              10.

                              RADAN Ahmad-Reza

                              POB: Isfahan (Iran) — DOB:1963

                              Head of the Police Strategic Studies Centre, former Deputy Chief of Iran's National Police until June 2014. As Deputy Chief of National Police from 2008, Radan was responsible for beatings, murder, and arbitrary arrests and detentions against protestors that were committed by the police forces.

                              12.4.2011

                              13.

                              TAEB Hossein

                              POB: Tehran — DOB: 1963

                              Deputy IRGC commander for intelligence. Former Commander of the Basij until October 2009. Forces under his command participated in mass beatings, murders, detentions and tortures of peaceful protestors.

                              12.4.2011

                              14.

                              SHARIATI Seyeed Hassan

                              Former Head of Mashhad Judiciary until September 2014. Likely to be currently in a process of reassignment to another function. Trials under his supervision have been conducted summarily and inside closed sessions, without adherence to basic rights of the accused, and with reliance on confessions extracted under pressure and torture. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              12.4.2011

                              15.

                              DORRI- NADJAFABADI Ghorban-Ali

                              POB: Najafabad (Iran) — DOB: 1945

                              Member of the Assembly of Experts and representative of the Supreme Leader in Markazi (‘Central’) Province. Former Prosecutor General of Iran until September 2009, as well as former Intelligence minister under Khatami presidency.
                              As Prosecutor General of Iran, he ordered and supervised the show trials following the first post-election protests, where the accused were denied their rights, and an attorney. He also carries responsibility for the Kahrizak abuses.

                              12.4.2011

                              16.

                              HADDAD Hassan (alias Hassan ZAREH DEHNAVI)

                              Former Judge, Tehran Revolutionary Court, branch 26. He was in charge of the detainee cases related to the post-election crises and regularly threatened families of detainees in order to silence them. He has been instrumental in issuing detention orders to the Kahrizak Detention Centre. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              18.

                              HEYDARIFAR Ali-Akbar

                              Former Judge, Tehran Revolutionary Court. He participated in protesters trials. He was questioned by the Judiciary about Kahrizak exactions. He was instrumental in issuing detention orders to consign detainees to Kahrizak Detention Centre. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              19.

                              JAFARI- DOLATABADI Abbas

                              POB: Yazd (Iran) — DOB: 1953

                              Prosecutor general of Tehran since August 2009. Dolatabadi's office indicted a large number of protesters, including individuals who took part in the December 2009 Ashura Day protests. He ordered the closure of Karroubi's office in September 2009 and the arrest of several reformist politicians, and he banned two reformist political parties in June 2010. His office charged protesters with the charge of Muharebeh, or enmity against God, which carries a death sentence, and denied due process to those facing the death sentence. His office also targeted and arrested reformists, human rights activists, and members of the media, as part of a broad crackdown on the political opposition.

                              20.

                              MOGHISSEH Mohammad (a.k.a. NASSERIAN)

                              Judge, Head of Tehran Revolutionary Court, branch 28. He has dealt with post-election cases. He issued long prison sentences during unfair trials for social, political activists and journalists and several death sentences for protesters and social and political activists.

                              12.4.2011

                              21.

                              MOHSENI-EJEI Gholam-Hossein

                              POB: Ejiyeh -DOB: circa 1956

                              Prosecutor General of Iran since September 2009 and spokesman of the Judiciary, and former Intelligence minister during the 2009 elections. While he was Intelligence minister during the 2009 election, intelligence agents under his command were responsible for detention, torture and extraction of false confessions under pressure from hundreds of activists, journalists, dissidents, and reformist politicians. In addition, political figures were coerced into making false confessions under unbearable interrogations, which included torture, abuse, blackmail, and the threatening of family members.

                              12.4.2011

                              22.

                              MORTAZAVI Said

                              POB: Meybod, Yazd (Iran) — DOB: 1967

                              Former Prosecutor General of Tehran until August 2009.
                              As Tehran Prosecutor General, he issued a blanket order used for the detention of hundreds of activists, journalists and students. In January 2010 a parliamentary investigation held him directly responsible for the detention of three prisoners who subsequently died in custody. He was suspended from office in August 2010 after an investigation by the Iranian judiciary into his role in the deaths of the three men detained on his orders following the election. In November 2014, his role in the deaths of detainees was officially recognised by the Iranian authorities.

                              12.4.2011

                              23.

                              PIR-ABASSI Abbas

                              Judge, Tehran Revolutionary Court, branch 26. He is in charge of post-election cases, he issued long prison sentences during unfair trials against human rights activists and has issued several death sentences for protesters.

                              12.4.2011

                              28.

                              YASAGHI Ali-Akbar

                              Judge of the Supreme Court. Former Chief Judge, Mashhad Revolutionary Court. Trials under his jurisdiction have been conducted summarily and inside closed session, without adherence to basic rights of the accused. As execution rulings were issued en masse, death sentences were issued without proper observance of fair hearing procedures.

                              12.4.2011

                              30.

                              ESMAILI Gholam-Hossein

                              Head of the Tehran Judiciary. Former Head of Iran's Prisons Organisation. In this capacity, he was complicit to the massive detention of political protesters and covering up abuses performed in the jailing system.

                              12.4.2011

                              34.

                              AKBARSHAHI Ali-Reza

                              Director-General of Iran's Anti-Narcotics Headquarters. Former Commander of Tehran Police. Under his leadership, the police force was responsible for the use of extrajudicial force on suspects during arrest and pre-trial detention. The Tehran police were also implicated in raids on Tehran university dorms in June 2009, when according to an Iranian Majlis commission, more than 100 students were injured by the police and Basiji.

                              10.10.2011

                              36.

                              AVAEE Seyyed Ali-Reza (Aka: AVAEE Seyyed Alireza)

                              Advisor to the Disciplinary Court for Judges since April 2014. Former President of the Tehran Judiciary. As President of the Tehran Judiciary he has been responsible for human rights violations, arbitrary arrests, denials of prisoners' rights and an increase in executions.

                              10.10.2011

                              37.

                              BANESHI Jaber

                              Advisor to the Judiciary in Iran. Former Prosecutor of Shiraz until 2012. He was responsible for the excessive and increasing use of the death penalty by handing down dozens of death sentences. Prosecutor during the Shiraz bombing case in 2008, which was used by the regime to sentence to death several opponents of the regime.

                              10.10.2011

                              40.

                              HABIBI Mohammad Reza

                              Deputy Prosecutor of Isfahan. Complicit in proceedings denying defendants a fair trial — such as Abdollah Fathi executed in May 2011 after his right to be heard and mental health issues were ignored by Habibi during his trial in March 2010. He is, therefore, complicit in a grave violation of the right to due process, contributing to the excessive and increasing use of the death penalty and a sharp increase in executions since the beginning of 2011.

                              10.10.2011

                              41.

                              HEJAZI Mohammad

                              POB: Ispahan DOB: 1956

                              Deputy Head of the Armed Forces, he has played a key role in intimidating and threatening Iran's ‘enemies’, and the bombing of Iraqi Kurdish villages. Former Head of the IRGC's Sarollah Corps in Tehran, and former Head of the Basij Forces, he played a central role in the post-election crackdown of protesters.

                              10.10.2011

                              47.

                              KHALILOLLAHI Moussa (Aka: KHALILOLLAHI Mousa, ELAHI Mousa Khalil)

                              Prosecutor of Tabriz. He was involved in Sakineh Mohammadi-Ashtiani's case and is complicit in grave violations of the right to due process.

                              10.10.2011

                              48.

                              MAHSOULI Sadeq (Aka: MAHSULI, Sadeq)

                              POB: Oroumieh (Iran) DOB: 1959/60

                              Advisor to Former President and current member of the Expediency Council Mahmoud Ahmadinejad and member of the Perseverance Front. Minister of Welfare and Social Security between 2009 and 2011. Minister of the Interior until August 2009. As Interior Minister, Mahsouli had authority over all police forces, interior ministry security agents, and plainclothes agents. The forces under his direction were responsible for attacks on the dormitories of Tehran University on 14 June 2009 and the torture of students in the basement of the Ministry (the notorious basement level 4). Other protestors were severely abused at the Kahrizak Detention Centre, which was operated by police under Mahsouli's control.

                              10.10.2011

                              49.

                              MALEKI Mojtaba

                              Prosecutor of Kermanshah. Has played a role in the dramatic increase in death sentences being passed in Iran, including prosecuting the cases of seven prisoners convicted of drug trafficking who were hanged on the same day on 3 January 2010 in Kermanshah's central prison.

                              10.10.2011

                              52.

                              KHODAEI SOURI Hojatollah

                              POB: Selseleh (Iran) — DOB: 1964

                              Member of the National Security and Foreign policy Committee. Parliamentary deputy for Lorestan Province. Member of the Parliamentary Commission for Foreign and Security Policy. Former head of Evin prison until 2012. Torture was a common practice in Evin prison while Souri was its head. In Ward 209, many activists were held for their peaceful activities in opposition to the ruling government.

                              10.10.2011

                              53.

                              TALA Hossein (Aka: TALA Hosseyn)

                              Iranian MP. Former Governor-General (‘Farmandar’) of Tehran Province until September 2010, he was responsible for the intervention of police forces and therefore for the repression of demonstrations.
                              He received a prize in December 2010 for his role in the post-election repression.

                              10.10.2011

                              54.

                              TAMADDON Morteza (Aka: TAMADON Morteza)

                              POB: Shahr Kord-Isfahan DOB: 1959

                              Head of Tehran provincial Public Security Council. Former IRGC Governor-General of Tehran Province.
                              In his capacity as governor and head of Tehran provincial Public Security Council, he bears overall responsibility for all repressive activities undertaken by the IRGC in Tehran province, including cracking down on political protests since June 2009.

                              10.10.2011

                              57.

                              HAJMOHAM- MADI Aziz

                              Judge at the Tehran Provincial Criminal Court. Former judge at the first chamber of the Evin Court. He conducted several trials of demonstrators, inter alia, that of Abdol-Reza Ghanbari, a teacher arrested in January 2010 and sentenced to death for his political activities. The Evin court of first instance was established within the walls of Evin prison, a fact welcomed by Jafari Dolatabadi in March 2010. In this prison some accused persons have been confined, mistreated and forced to make false statements.

                              10.10.2011

                              59.

                              BAKHTIARI Seyyed Morteza

                              POB: Mashad (Iran) DOB: 1952

                              Deputy General Attorney, responsible for political and security issues. Former Minister of Justice from 2009 to 2013.
                              During his time as Minister of Justice, prison conditions within Iran fell well below accepted international standards, and there was widespread mistreatment of prisoners. In addition, he played a key role in threatening and harassing the Iranian diaspora by announcing the establishment of a special court to deal specifically with Iranians who live outside the country. He also oversaw a sharp increase in the number of executions in Iran, including secret executions not announced by the government, and executions for drug-related offenses.

                              10.10.2011

                              60.

                              HOSSEINI Dr Mohammad (Aka: HOSSEYNI, Dr Seyyed Mohammad; Seyed, Sayyed and Sayyid)

                              POB: Rafsanjan, Kerman DOB: 1961

                              Advisor to Former President and current member of the Expediency Council Mahmoud Ahmadinejad. Former Minister of Culture and Islamic Guidance (2009-2013). Ex-IRGC, he was complicit in the repression of journalists.

                              10.10.2011

                              61.

                              MOSLEHI Heydar (Aka: MOSLEHI Heidar; MOSLEHI Haidar)

                              POB: Isfahan (Iran) DOB: 1956

                              Head of the organization for publications on the role of the clergy at war. Former Minister of Intelligence (2009-2013).
                              Under his leadership, the Ministry of Intelligence continued the practices of widespread arbitrary detention and persecution of protesters and dissidents. The Ministry of Intelligence runs Ward 209 of Evin Prison, where many activists have been held on account of their peaceful activities in opposition to the government in power. Interrogators from the Ministry of Intelligence have subjected prisoners in Ward 209 to beatings and mental and sexual abuse.

                              10.10.2011

                              62.

                              ZARGHAMI Ezzatollah

                              POB: Dezful (Iran) DOB: 22 July 1959

                              Head of Islamic Republic of Iran Broadcasting (IRIB) until November 2014. Likely to be currently in a process of reassignment to another function. Under his tenure at IRIB, he was responsible for all programming decisions. IRIB has broadcast forced confessions of detainees and a series of ‘show trials’ in August 2009 and December 2011. These constitute a clear violation of international provisions on fair trial and the right to due process.

                              23.3.2012

                              63.

                              TAGHIPOUR Reza

                              POB: Maragheh (Iran) DOB: 1957

                              Member of the City Council of Teheran. Former Minister for Information and Communications (2009-2012).
                              As Minister for Information, he was one of the top officials in charge of censorship and control of internet activities and also all types of communications (in particular mobile phones). During interrogations of political detainees, the interrogators make use of the detainees' personal data, mail and communications. On several occasions following the 2009 presidential election and during street demonstrations, mobile lines and text messaging were blocked, satellite TV channels were jammed and the internet locally suspended or at least slowed down.

                              23.3.2012

                              64.

                              KAZEMI Toraj

                              Colonel of the technology and communications police, he announced a campaign for the recruitment of government hackers in order to achieve better control of information on the internet and attack ‘dangerous’ sites.

                              23.3.2012

                              65.

                              LARIJANI Sadeq

                              POB: Najaf (Iraq) DOB: 1960 or August 1961

                              Head of the Judiciary. The Head of the Judiciary is required to consent to and sign off every qisas (retribution), hodoud (crimes against God) and ta'zirat (crimes against the state) punishment. This includes sentences attracting the death penalty, floggings and amputations. In this regard, he has personally signed off numerous death penalty sentences, contravening international standards, including stoning, executions by suspension strangulation, execution of juveniles, and public executions such as those where prisoners have been hung from bridges in front of crowds of thousands.
                              He has also permitted corporal punishment sentences such as amputations and the dripping of acid into the eyes of the convicted. Since Sadeq Larijani took office, arbitrary arrests of political prisoners, human rights defenders and minorities increased markedly. Executions also increased sharply since 2009. Sadeq Larijani also bears responsibility for systemic failures in the Iranian judicial process to respect the right to a fair trial.

                              23.3.2012

                              66.

                              MIRHEJAZI Ali

                              Part of the Supreme Leader's inner circle, one of those responsible for planning the suppression of protests which has been implemented since 2009, and associated with those responsible for supressing the protests.

                              23.3.2012

                              68.

                              RAMIN Mohammad-Ali

                              POB: Dezful (Iran) DOB: 1954

                              Secretary-general of the World Holocaust Foundation, established at the International Conference to Review the Global Vision of the Holocaust in 2006, which Ramin was responsible for organising on behalf of the Iranian Government. Main figure responsible for censorship as Vice-Minister in charge of the Press up to December 2013, being directly responsible for the closure of many reforming newspapers (Etemad, Etemad-e Melli, Shargh, etc.), closure of the Independent Press Syndicate and the intimidation or arrest of journalists.

                              23.3.2012

                              69.

                              MORTAZAVI Seyyed Solat

                              POB: Meibod (Iran) DOB: 1967

                              Mayor of the second largest city of Iran, Mashad, where public executions regularly happen. Former Deputy Interior Minister for Political Affairs. He was responsible for directing repression of persons who spoke up in defence of their legitimate rights, including freedom of expression. Later appointed as Head of the Iranian Election Committee for the parliamentarian elections in 2012 and for the presidential elections in 2013.

                              23.3.2012

                              73.

                              FAHRADI Ali

                              Prosecutor of Karaj. Responsible for grave violations of human rights, including prosecuting trials in which the death penalty is passed. There have been a high number of executions in Karaj region during his time as prosecutor.

                              23.3.2012

                              74.

                              REZVANMA- NESH Ali

                              Prosecutor. Responsible for grave violation of human rights, including involvement in the execution of a juvenile.

                              23.3.2012

                              75.

                              RAMEZANI Gholamhosein

                              Security Chief at the Ministry of Defence. Former Chief of Protection and Security at the IRGC until March 2012. Ex-Commander of IRGC Intelligence until October 2009. Involved in the suppression of freedom of expression, including by being associated with those responsible for the arrests of bloggers/journalists in 2004, and reported to have had a role in the suppression of the post-election protests in 2009.

                              23.3.2012

                              77.

                              JAFARI Reza

                              DOB: 1967

                              Advisor to the Disciplinary Court for Judges since 2012. Member of the ‘Committee for Determining Criminal Web Content’, a body responsible for web sites and social media censorship. Former Head of special prosecution of cyber crime between 2007 and 2012. Was responsible for the repression of freedom of expression, including through the arrest, detention and prosecution of bloggers and journalists. Persons arrested on suspicion of cyber crime were mistreated and the subject of an unfair judicial process.

                              23.3.2012

                              78.

                              RESHTE- AHMADI Bahram

                              Judge of an ordinary court of northern Tehran. Former Supervisor of Public Prosecution Office in Tehran. Deputy Head of the Office of Prison Affairs of Tehran Province. Former Deputy Prosecutor in Tehran until 2013. He ran Evin prosecution centre. Was responsible for the denial of rights, including visits and other prisoner's rights, to human rights defenders and political prisoners.

                              23.3.2012

                              79.

                              RASHIDI AGHDAM, Ali Ashraf

                              Head of Evin Prison, appointed in mid-2012. Since his appointment, conditions in the prison deteriorated and reports referenced intensified ill-treatment of prisoners. In October 2012, nine female prisoners went on hunger strike in protest of the violation of their rights and violent treatment by prison guards.

                              12.3.2013

                              80.

                              KIASATI Morteza

                              Judge of the Ahwaz Revolutionary Court, Branch 4, imposed death sentences on four Arab political prisoners, Taha Heidarian, Abbas Heidarian, Abd al-Rahman Heidarian (three brothers) and Ali Sharifi. They were arrested, tortured and hanged without due process. These cases and the lack of due process were referenced in a report dated 13 September 2012 by the UN Special Rapporteur on human rights in Iran, the UN Secretary General's report on Iran of 22 August 2012.

                              12.3.2013

                              81.

                              MOUSSAVI, Seyed Mohammad Bagher

                              Ahwaz Revolutionary Court judge, Branch 2, imposed death sentences on five Ahwazi Arabs, Mohammad Ali Amouri, Hashem Sha'bani Amouri, Hadi Rashedi, Sayed Jaber Alboshoka, Sayed Mokhtar Alboshoka, on 17 March 2012 for ‘activities against national security’ and ‘enmity against God’. The sentences were upheld by Iran's Supreme Court on 9 January 2013. The five were arrested without charge for over a year, tortured and sentenced without due process.

                              12.3.2013

                              82.

                              SARAFRAZ, Mohammad (Dr.) (aka: Haj-agha Sarafraz)

                              Date of Birth: appr. 1963 Place of Birth: Tehran Place of Residence: Tehran Place of Work: IRIB and PressTV HQ, Tehran

                              President of the Islamic Republic of Iran Broadcasting (IRIB). Former Head of IRIB World Service and Press TV, responsible for all programming decisions. Closely associated with the state security apparatus. Under his direction Press TV, along with IRIB, has worked with the Iranian security services and prosecutors to broadcast forced confessions of detainees, including that of Iranian-Canadian journalist and film-maker Maziar Bahari, in the weekly programme ‘Iran Today’. Independent broadcast regulator OFCOM fined Press TV in the UK GBP 100 000 for broadcasting Bahari's confession in 2011, which was filmed in prison whilst Bahari was under duress. Sarafraz therefore is associated with violating the right to due process and fair trial.

                              12.3.2013

                              83.

                              JAFARI, Asadollah

                              Prosecutor of Mazandaran Province, responsible for illegal arrests and violations of the rights of Baha'i detainees from initial arrest to keeping them in solitary confinement in the Intelligence Detention Centre. Six concrete examples of cases where due process was violated have been documented. Jafari has prosecuted cases that have resulted in many executions, including public executions.

                              12.3.2013

                              85.

                              HAMLBAR, Rahim

                              Judge of Branch 1 of Tabriz Revolutionary Court. Responsible for heavy sentences against journalists and Azeri ethnic minority and workers' rights activists, accusing them of spying, acts against national security, propaganda against the Iranian regime and insulting the leader of Iran. His judgments did not follow due process on many occasions and detainees were forced into false confessions. A high profile case involved 20 volunteer earthquake relief workers (following an earthquake in Iran in August 2012) to whom he gave prison sentences for their attempts to assist earthquake victims. The court found the workers guilty of ‘collaboration in assembly and collusion to commit crimes against national security.’

                              12.3.2013

                              86.

                              MUSAVI- TABAR, Seyyed Reza

                              Head of the Revolutionary Prosecution of Shiraz. Responsible for illegal arrests and ill treatment of political activists, journalists, human rights defenders, Baha'is and prisoners of conscience, who were harassed, tortured, interrogated and denied access to lawyers and due process. Musavi-Tabar signed judicial orders in the notorious No 100 Detention Centre (a male prison), including an order to detain female Baha'i prisoner Raha Sabet for three years in solitary confinement.

                              12.3.2013

                     Entities

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              1.

                              Centre to Investigate Organized Crime (aka: Cyber Crime Office or Cyber Police)

                              Location: Tehran, Iran Website: http://www.cyberpolice.ir

                              The Iranian Cyber Police, founded in January 2011, is a unit of the Islamic Republic of Iran Police, which is headed by Esmail Ahmadi-Moqaddam (listed). Ahmadi-Moqaddam underlined that the Cyber Police would take on anti-revolutionary and dissident groups who used internet-based social networks in 2009 to trigger protests against the re-election of President Mahmoud Ahmadinejad. In January 2012, the Cyber Police issued new guidelines for internet cafés, requiring users to provide personal information that would be kept by café owners for six months, as well as a record of the websites they visited. The rules also require café owners to install closed-circuit television cameras and maintain the recordings for six months.
                              These new rules may create a logbook that authorities can use to track down activists or whomever is deemed a threat to national security. In June 2012, Iranian media reported that the Cyber Police would be launching a crackdown on virtual private networks (VPNs). On 30 October 2012, the Cyber Police arrested the blogger Sattar Beheshti without a warrant for ‘actions against national security on social networks and Facebook.’ Beheshti had criticized the Iranian government in his blog. Beheshti was found dead in his prison cell on 3 November 2012, and is believed to have been tortured to death by the Cyber Police authorities.


title: Commission Implementing Regulation (EU) No 1200/2013 of 25 November 2013 entering a name in the register of protected designations of origin and protected geographical indications [Cozza di Scardovari (PDO)]

text:
               26.11.2013

               EN

               Official Journal of the European Union

               L 315/74

         COMMISSION IMPLEMENTING REGULATION (EU) No 1200/2013
   of 25 November 2013
   entering a name in the register of protected designations of origin and protected geographical indications [Cozza di Scardovari (PDO)]
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Cozza di Scardovari’ was published in the Official Journal of the European Union
                   (2).

               (2)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Cozza di Scardovari’ should therefore be entered in the register,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name contained in the Annex to this Regulation is hereby entered in the register.
   Article 2
   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, 25 November 2013.

            For the Commission, On behalf of the President,
         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  OJ C 170, 15.6.2013, p. 51.

      ANNEX
      Agricultural products intended for human consumption listed in Annex I to the Treaty:

         Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

      ITALY
      Cozza di Scardovari (PDO)


title: Commission Implementing Regulation (EU) 2015/1511 of 10 September 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               11.9.2015

               EN

               Official Journal of the European Union

               L 237/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1511
   of 10 September 2015
   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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   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, 10 September 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (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

                  187,4

                  MK

                  48,7

                  XS

                  49,2

                  ZZ

                  95,1

                  0707 00 05

                  MK

                  76,3

                  TR

                  116,3

                  XS

                  42,0

                  ZZ

                  78,2

                  0709 93 10

                  TR

                  135,1

                  ZZ

                  135,1

                  0805 50 10

                  AR

                  149,4

                  BO

                  135,7

                  CL

                  106,0

                  UY

                  113,3

                  ZA

                  143,5

                  ZZ

                  129,6

                  0806 10 10

                  EG

                  178,6

                  TR

                  130,4

                  ZZ

                  154,5

                  0808 10 80

                  AR

                  121,5

                  BR

                  92,3

                  CL

                  146,0

                  NZ

                  147,8

                  US

                  168,8

                  ZA

                  122,0

                  ZZ

                  133,1

                  0808 30 90

                  AR

                  136,6

                  CL

                  100,0

                  TR

                  124,3

                  ZA

                  153,9

                  ZZ

                  128,7

                  0809 30 10, 0809 30 90

                  MK

                  79,0

                  TR

                  154,1

                  ZZ

                  116,6

                  0809 40 05

                  BA

                  51,4

                  MK

                  45,8

                  XS

                  61,9

                  ZZ

                  53,0

         (1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.