title: Commission Implementing Regulation (EU) No 170/2013 of 25 February 2013 laying down transitional measures in the sugar sector by reason of the accession of Croatia

text:
               27.2.2013

               EN

               Official Journal of the European Union

               L 55/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 170/2013
   of 25 February 2013
   laying down transitional measures in the sugar sector by reason of the accession of Croatia
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,
   Having regard to the Act of Accession of Croatia, and in particular Articles 41, 16 thereof in conjunction with point 4 of Section 3(a) of Annex IV thereto and Article 18 thereof in conjunction with Part II of Section 4 of Annex V thereto,
   Whereas:

               (1)

               The rules concerning production and trade arrangements for the sugar market inserted in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) by the Act of Accession of Croatia should be applicable as from 1 July 2013, subject to the entry into force of the Act of Accession on that date. However, for the marketing year 2012/2013, the entire beet sugar production of Croatia will have been produced under national arrangements. Transitional measures are therefore required to change over from the production and trade arrangements in force in Croatia to those provided for in Regulation (EC) No 1234/2007. Consequently, the provisions on minimum beet prices, inter-professional agreements, production charge, quota system and quota allocation provided for in Articles 49, 50, 51, Article 55(1)(b) and Article 56 of Regulation (EC) No 1234/2007 should not apply to Croatia in the marketing year 2012/2013.

               (2)

               In accordance with the Act of Accession, for a period of up to three marketing years an annual import quota of 40 000 tonnes of raw cane sugar for refining is reserved for Croatia at an import duty of EUR 98 per tonne.

               (3)

               Import licences issued under the tariff quotas opened by this Regulation should be reserved for approved full-time refiners in Croatia.

               (4)

               There is a considerable risk of disruption on the markets in the sugar sector by products being introduced into Croatia before its accession to the Union for speculation purposes. Provisions facilitating the transition should therefore be made to avoid such speculative movements or other market disturbances. Specific rules are necessary in order to take into account the particularities of the sugar sector.

               (5)

               Provisions should be made to prevent operators from circumventing the application of charges on certain sugar products in free circulation by placing goods which have been already released for free circulation in the Union as constituted at 30 June 2013 or in Croatia before its accession under a suspensive regime, either in temporary storage or under one of the treatments or procedures referred to in Article 4(15)(b) and (16)(b) to (g) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (6)

               In accordance with the Act of Accession, for the quantities of stocks of sugar or isoglucose exceeding the normal carry-over stock Croatia are to be charged with a payment to the general budget of the Union.

               (7)

               Determination of the surplus quantities should be carried out by the Commission on the basis of trade developments and production and consumption trends in Croatia during the period from 1 July 2009 to 30 June 2013. For that determination, besides sugar and isoglucose, other products with a significant added sugar equivalent content should also be considered as they could also be possible targets of speculation. In cases where the determined surplus quantity of sugar and isoglucose is not eliminated from the Union market by 31 October 2014 at the latest, Croatia should be made financially responsible for the relevant quantity.

               (8)

               The payment to be charged for Croatia should reflect the cost related to the effects of the surplus stock on the Union sugar market. Therefore, the amount to be charged to Croatia and assigned to the Union budget in case of non-elimination of surplus stocks should be calculated on the basis of the highest positive difference between the average Union sugar market price and the world market price of white sugar during the period from 1 July 2013 to 31 October 2014 increased by EUR 50 per tonne. The amount of EUR 50 per tonne corresponds to the standard deviation in the prices in the Member States from the average Union price for white sugar during the last 12 months. That increase is therefore needed in order to take into account that prices of white sugar in different regions of the Union may differ from the monthly average published by the Commission. For the purpose of that calculation the monthly average of the quotations at the London No 5 white sugar futures market for the nearest delivery month for which trading of white sugar is possible, should be considered as the world market price.

               (9)

               It is in the interest of both the Union and Croatia to prevent the accumulation of surplus stocks and in any case be able to identify those operators involved in major speculative trade movements. For that purpose Croatia should have in place on 1 July 2013 a system that enables the identification of those responsible operators or individuals for such developments. That system should allow Croatia to identify the economic operators which have contributed to private surplus stocks with a view to recovering, as far as possible, any charge paid to the Union budget. Croatia should use that system to compel identified operators to eliminate their individual surplus quantity from the Union market. Where operators responsible for private surplus stock cannot provide appropriate proof of their elimination it is necessary for Croatia to charge an amount to such operators. It is appropriate to fix such an amount at a level sufficiently high to dissuade the concerned operators from preserving their private surplus stocks thus avoiding all risks of accumulation of stocks in Croatia. For consistency reasons, the amount to charge by Croatia for identified surplus stocks should be EUR 500 per tonne (in white sugar equivalent or dry matter equivalent) for the surplus stocks not eliminated. This is the same amount as the one fixed for the levy provided for in Article 3 of Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (3). While both economic operators and households may contribute to the private surplus stocks, it is most likely to be operators and it is not feasible to require households to contribute to that amount.

               (10)

               For the determination of surplus stocks and the elimination of identified surplus stocks, Croatia should provide the Commission with the most recent statistics on trade, production and consumption of the products concerned, as well as proof of elimination from the market of the identified surplus stocks within the deadline to be fixed by the Commission.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      TRANSITIONAL MEASURES IN VIEW OF THE ACCESSION OF CROATIA

      SECTION 1

         Applicability of the Single CMO in the sugar sector

   Article 1
   Applicability of certain provisions of Regulation (EC) No 1234/2007
   Articles 49, 50, 51, Article 55(1)(b) and Article 56 of Regulation (EC) No 1234/2007 shall not apply to Croatia for the marketing year 2012/2013.
   However, Article 56 shall apply in respect of the allocation in 2013 of the national quota which will apply as from marketing year 2013/2014.

      SECTION 2

         Opening of tariff quotas for refining

   Article 2
   Opening of a tariff quota for the import of raw cane sugar for refining
   1.   For the period of 1 July to 30 September 2013 a tariff quota of 40 000 tonnes for the import from any third country of raw cane sugar for refining, falling within CN code 1701 14 10 shall be opened at a duty of EUR 98 per tonne.
   2.   For each of the marketing years 2013/2014 and 2014/2015 a tariff quota of 40 000 tonnes for the import from any third country of raw cane sugar for refining, falling within CN code 1701 14 10 shall be opened at a duty of EUR 98 per tonne.
   3.   Quantities imported in accordance with this Regulation shall bear the order number: 09.4367.
   Article 3
   Application of Commission Regulation (EC) No 891/2009 (4)

   The rules on import licences and administration of certain Union tariff quotas in the sugar sector laid down in Regulation (EC) No 891/2009 shall apply to the imports of sugar under the tariff quotas opened by the present Regulation, unless otherwise provided for in Article 4.
   Article 4
   Import licences
   1.   Import licence applications for the quantities referred to in Article 2(1) and (2) shall be submitted to the competent authorities of Croatia.
   2.   Import licence applications may be submitted only by fulltime refiners, which are established on the territory of Croatia and which are approved in accordance with Article 57 of Regulation (EC) No 1234/2007.
   3.   By way of derogation from Article 5(1) of Regulation (EC) No 891/2009 applications for import licences in respect of the quantity referred to in Article 2(1) of this Regulation may be submitted only as from 1 July 2013.
   4.   Import licence applications and licences shall contain the following entries:

               (a)

               in boxes 17 and 18: the quantities of raw sugar which may not exceed the quantities referred to in Article 2(1) and (2);

               (b)

               in box 20: at least one of the entries listed in Part A of the Annex;

               (c)

               in box 24 (in the case of licences): at least one of the entries listed in Part B of the Annex.

         5.   Import licences issued under this Regulation shall be valid only for imports into Croatia. They shall be valid:

               (a)

               until 31 January 2014 in respect of the tariff quota referred to in Article 2(1);

               (b)

               until the end of the marketing year concerned in respect of the tariff quota referred to in Article 2(2).

         CHAPTER II

      TRANSITIONAL MEASURES TO AVOID SPECULATION AND MARKET DISTURBANCE

   Article 5
   Definitions
   For the purposes of this Chapter, the following definitions shall apply:

               (a)

               ‘sugar’ means:

                           (i)

                           beet sugar and cane sugar, in solid form, falling within CN code 1701;

                           (ii)

                           sugar syrup falling within CN codes 1702 60 95 and 1702 90 95;

                           (iii)

                           inulin syrup falling within CN codes 1702 60 80 and 1702 90 80;

               (b)

               ‘isoglucose’ means the product falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10, 1702 90 30 and 2106 90 30;

               (c)

               ‘processed products’ means products having an added sugar/sugar equivalent content exceeding 10 %, which have resulted from the processing of agricultural products;

               (d)

               ‘fructose’ means chemically pure fructose falling within CN code 1702 50 00.

      SECTION 1

         Products under particular customs treatments and procedures on the date of accession

   Article 6
   Suspensive regime
   By way of derogation from Section 5 of Annex IV to the Act of Accession products falling within CN codes 1701, 1702, 1704, 1904, 1905, 2006, 2007, 2009, 2105 and 2202, which are in temporary storage referred to in Articles 50 and 51 of Regulation (EEC) No 2913/92, or under one of the customs treatments or procedures referred to in Article 4(15)(b) and (16)(b) to (g) of that Regulation in Croatia on 1 July 2013, shall be charged with the import duty in accordance with Annex I to Council Regulation (EEC) No 2658/87 (5) and any additional duty applicable on the date of the incurrence of the customs debt.

      SECTION 2

         Surplus quantities

   Article 7
   Determination of surplus quantities
   1.   The Commission shall determine by 31 January 2014 at the latest, for Croatia, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007:

               (a)

               the quantity of sugar as such or in processed products (in white sugar equivalent);

               (b)

               the quantity of isoglucose (dry matter);

               (c)

               the quantity of fructose;

         exceeding the quantity considered as being normal carry-over stock on 1 July 2013 and which has to be eliminated from the market at the expense of Croatia.
   2.   To determine the surplus quantities referred to in paragraph 1, account shall in particular be taken of the development from 1 July 2012 to 30 June 2013, in relation to the previous three years, counting from 1 July 2009 to 30 June 2012, of:

               (a)

               imported and exported quantities of sugar as such or in processed products, isoglucose and fructose;

               (b)

               production, consumption and stocks of sugar and isoglucose;

               (c)

               the circumstances in which stocks were built up.

         Article 8
   Identification of surplus quantities at the operators’ level
   1.   Croatia shall have in place, on 1 July 2013, a system for the identification, at the level of operators, of traded or produced surplus quantities of sugar as such or in processed products, isoglucose or fructose. That system shall in particular rely on import tracking, fiscal monitoring, surveys based on operators’ accounts and physical stocks, and include measures such as risk guarantees and import licences.
   The identification system shall be based on a risk assessment taking due account in particular of the following criteria:

               (a)

               type of activity of the operators concerned;

               (b)

               capacity of storage facilities;

               (c)

               scale of economic activity.

         2.   Croatia shall use the identification system referred in paragraph 1 to compel the operators concerned to eliminate from the market, at their own expense, a quantity of sugar or isoglucose equivalent to their individual surplus quantity.
   Article 9
   Elimination of surplus quantities
   1.   Croatia shall ensure the elimination from the market, without Union intervention, of a quantity of sugar or isoglucose equal to the surplus quantity referred to in Article 7(1), by 31 October 2014 at the latest.
   2.   Elimination of surplus quantities determined pursuant to Article 7 shall be carried out without Union support, using the following methods:

               (a)

               export from the Union by identified operators, without national support;

               (b)

               use in the sector of combustibles;

               (c)

               denaturation without aid for animal feed in accordance with Titles III and IV of Commission Regulation (EEC) No 100/72 (6).

         Article 10
   Amount to be charged in case of surplus quantities
   Where the total quantities determined by the Commission in accordance with Article 7(1) exceed the total quantities referred to in Article 8, then Croatia shall be charged with an amount equal to the difference between those figures (in white sugar or dry matter equivalent) multiplied by the highest positive difference between the average Union sugar market price reported on a monthly basis in accordance with Article 14 of Commission Regulation (EC) No 952/2006 (7) and the average monthly quotation, in EUR equivalent, of white sugar observed at the London No 5 white sugar futures market for the nearest term during the period from 1 July 2013 to 31 October 2014. That amount shall be increased by EUR 50 per tonne. The amount charged shall be assigned to the Union budget by 30 June 2015 at the latest.
   Article 11
   Proofs of elimination by the operators
   1.   By 31 January 2015 at the latest, the operators concerned shall provide the proof, to the satisfaction of Croatia that they have eliminated in accordance with Article 9(2), and at their own expense, their individual surplus quantities of sugar and isoglucose identified by virtue of the application of Article 8.
   2.   When the sugar or isoglucose is eliminated in accordance with Article 9(2)(a), the proof of elimination shall consist of:

               (a)

               export licences issued in accordance with Commission Regulations (EC) No 951/2006 (8) and (EC) No 376/2008 (9);

               (b)

               relevant documents referred to in Articles 31 and 32 of Regulation (EC) No 376/2008 necessary for the release of the guarantee.

         The application for the export licence referred to in first subparagraph shall comprise in section 20 the following indication:
   ‘for export in accordance with Article 9(2)(a) of Implementing Regulation (EU) No 170/2013’
   The export licence shall comprise in section 22 the following indication:
   ‘to be exported without refund … (quantity for which this licence was issued) kg’
   The export licence shall be valid from the date of its issue until 31 October 2014.
   3.   In case the proof of elimination is not provided in accordance with paragraphs 1 and 2 Croatia shall charge the operator concerned with an amount equal to its individual surplus quantity, identified by virtue of the application of Article 8, multiplied by EUR 500 per tonne (in white sugar or dry matter equivalent). This amount shall be assigned to the national budget of Croatia.
   Article 12
   Proof of elimination by Croatia
   1.   By 28 February 2015 at the latest Croatia shall provide the proof to the Commission that the surplus quantity referred to in Article 7(1) was eliminated from the Union market in accordance with the methods referred to in Article 9(2) and shall specify for each method the quantity eliminated.
   2.   In case the proof of elimination from the Union market is not provided in accordance with paragraph 1, for all or part of the surplus quantity, Croatia shall be charged an amount equal to the quantity not eliminated (in white sugar or dry matter equivalent) multiplied by the highest positive difference between the average Union sugar market price reported on a monthly basis in accordance with Article 14 of Regulation (EC) No 952/2006 and the average monthly quotation, in EUR equivalent, of white sugar observed at the London No 5 white sugar futures market for the nearest term during the period from 1 July 2013 to 31 October 2014. That amount shall be increased by EUR 50 per tonne. From the resulting total amount shall be deducted any amount charged pursuant to Article 10 of this Regulation.
   This amount shall be assigned to the Union budget by 30 June 2015 at the latest.
   The amounts referred to in the first subparagraph and in Article 10 shall be determined in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 by 30 April 2015 at the latest on the basis of the communications made by Croatia pursuant to paragraph 1 of this Article.
   Article 13
   Control
   1.   Croatia shall take all the necessary measures for the application of this Chapter and establish the control procedures necessary for the elimination of the surplus quantity referred to in Article 7(1).
   2.   Croatia shall communicate to the Commission by 30 September 2013 at the latest:

               (a)

               information on the system established for the identification of surplus quantities referred to in Article 8;

               (b)

               quantities of sugar, isoglucose, fructose and processed products imported and exported monthly for the period from 1 July 2009 to 30 June 2013, communicated separately for imports from and exports to:

                           (i)

                           the Union as constituted at 30 June 2013;

                           (ii)

                           third countries;

               (c)

               for the period from 1 July 2009 to 30 June 2013, the quantities of sugar and isoglucose produced annually, broken down, as the case may be, by production under quota and out of quota, refined from imported raw sugar and consumed annually;

               (d)

               for the period from 1 July 2009 to 30 June 2013, the stocks of sugar and isoglucose held on 1 July of each year.

         CHAPTER III

      FINAL PROVISION

   Article 14
   Entry into force
   This Regulation shall enter into force subject to and on the date of the entry into force of the Treaty of Accession of Croatia.

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

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  OJ L 302, 19.10.1992, p. 1.

      (3)  OJ L 176, 30.6.2006, p. 22.

      (4)  OJ L 254, 26.9.2009, p. 82.

      (5)  OJ L 256, 7.9.1987, p. 1.

      (6)  OJ L 12, 15.1.1972, p. 15.

      (7)  OJ L 178, 1.7.2006, p. 39.

      (8)  OJ L 178, 1.7.2006, p. 24.

      (9)  OJ L 114, 26.4.2008, p. 3.

      ANNEX
      PART A

         Entries referred to in Article 4(4)(b)

                  —

                  :

                  in Bulgarian

                  :

                  Преференциална сурова тръстикова захар за рафиниране, внесена в съответствие с член 2 от Регламент за изпълнение (ЕС) № 170/2013. Пореден номер (поредният номер, който трябва да се впише в съответствие с член 2, параграф 3 от посочения регламент)

                  —

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                  in Spanish

                  :

                  Azúcar de caña en bruto preferencial, que se destine al refinado, importado de conformidad con el artículo 2 del Reglamento de Ejecución (UE) no 170/2013. No de orden (el número de orden se insertará de conformidad con lo dispuesto en el artículo 2, apartado 3, de dicho Reglamento)

                  —

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                  in Czech

                  :

                  Preferenční surový třtinový cukr určený k rafinaci, dovezený podle článku 2 prováděcího nařízení (EU) č. 170/2013. Pořadové číslo (pořadové číslo se vloží v souladu s čl. 2 odst. 3 uvedeného nařízení)

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                  in Danish

                  :

                  Præferencerårørsukker til raffinering, importeret i henhold til artikel 2 i gennemførelsesforordning (EU) nr. 170/2013. Løbenummer (der indsættes løbenummer i overensstemmelse med artikel 2, stk. 3, i nævnte forordning)

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                  in German

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                  Präferenzrohrohrzucker zur Raffination, eingeführt gemäß Artikel 2 der Durchführungsverordnung (EU) Nr. 170/2013. Laufende Nummer (gemäß Artikel 2 Absatz 3 der genannten Verordnung einzusetzen)

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                  in Estonian

                  :

                  Sooduskorra alusel rakendusmääruse (EL) nr 170/2013 artikli 2 kohaselt imporditav rafineerimiseks ettenähtud toor-roosuhkur. Seerianumber (märgitakse vastavalt kõnealuse määruse artikli 2 lõikele 3)

                  —

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                  in Greek

                  :

                  Προτιμησιακή ακατέργαστη ζάχαρη ζαχαροκάλαμου για ραφινάρισμα, που εισάγεται σύμφωνα με το άρθρο 2 του εκτελεστικού κανονισμού (ΕΕ) αριθ. 170/2013. Αύξων αριθμός (συμπληρώνεται ο αύξων αριθμός σύμφωνα με το άρθρο 2 παράγραφος 3 του εν λόγω κανονισμού)

                  —

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                  in English

                  :

                  Preferential raw cane sugar for refining, imported in accordance with Article 2 of Implementing Regulation (EU) No 170/2013. Order No (order number to be inserted in accordance with Article 2(3) of that Regulation)

                  —

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                  in French

                  :

                  Sucre de canne brut préférentiel destiné au raffinage, importé conformément à l’article 2 du règlement d'exécution (UE) no 170/2013. Numéro d’ordre (numéro d’ordre à insérer conformément à l’article 2, paragraphe 3, dudit règlement)

                  —

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                  in Italian

                  :

                  Zucchero di canna greggio preferenziale destinato alla raffinazione, importato conformemente all’articolo 2 del regolamento di esecuzione (UE) n. 170/2013. Numero d’ordine (inserire in base all’articolo 2, paragrafo 3, del suddetto regolamento)

                  —

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                  in Latvian

                  :

                  rafinēšanai paredzēts preferenciāls niedru jēlcukurs, ko importē saskaņā ar Īstenošanas regulas (ES) Nr. 170/2013 2. pantu. Kārtas Nr. (kārtas numuru ieraksta saskaņā ar šīs regulas 2. panta 3. punktu)

                  —

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                  in Lithuanian

                  :

                  Lengvatinėmis sąlygomis pagal Įgyvendinimo reglamento (ES) Nr. 170/2013 2 straipsnį importuotas rafinuoti skirtas žaliavinis cukranendrių cukrus. Eilės Nr. (eilės numeris įrašomas remiantis to reglamento 2 straipsnio 3 dalimi)

                  —

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                  in Hungarian

                  :

                  A 170/2013/EU végrehajtási rendelet 2. cikkével összhangban behozott, finomításra szánt kedvezményes nyers nádcukor. Tételszám (tételszám az említett rendelet 2. cikkének (3) bekezdése szerint)

                  —

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                  in Maltese

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                  Zokkor tal-kannamieli preferenzjali mhux maħdum għar-raffinar, importat skont l-Artikolu 2 tar-Regolament ta’ Implimentazzjoni (UE) Nru 170/2013. Nru tal-Ordni (in-numru tal-ordni għandu jiddaħħal skont l-Artikolu 2(3) ta’ dak ir-Regolament)

                  —

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                  in Dutch

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                  Preferentiële ruwe rietsuiker voor raffinage die wordt ingevoerd overeenkomstig artikel 2 van Uitvoeringsverordening (EU) nr. 170/2013. Volgnummer (volgnummer in te voegen overeenkomstig artikel 2, lid 3, van die verordening)

                  —

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                  in Polish

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                  Preferencyjny surowy cukier trzcinowy przeznaczony do rafinacji, przywieziony zgodnie z art. 2 rozporządzenia wykonawczego (UE) nr 170/2013. Numer porządkowy (numer porządkowy zgodnie z art. 2 ust. 3 wymienionego rozporządzenia)

                  —

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                  in Portuguese

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                  Açúcar bruto de cana preferencial para refinação, importado em conformidade com o artigo 2.o do Regulamento de Execução (UE) n.o 170/2013. Número de ordem (número de ordem a inserir de acordo com o artigo 2.o, n.o 3, desse regulamento)

                  —

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                  in Romanian

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                  Zahăr brut preferențial din trestie de zahăr destinat rafinării, importat în conformitate cu articolul 2 din Regulamentul de punere în aplicare (UE) nr. 170/2013. Nr. de ordine [numărul de ordine se va introduce în conformitate cu articolul 2 alineatul (3) din respectivul regulament]

                  —

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                  in Slovak

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                  Preferenčný surový trstinový cukor na rafináciu, dovážaný v súlade s článkom 2 vykonávacieho nariadenia (EÚ) č. 170/2013. Poradové č. (poradové číslo sa doplní v súlade s článkom 2 ods. 3 uvedeného nariadenia)

                  —

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                  in Slovene

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                  Preferencialni uvoz surovega trsnega sladkorja za rafiniranje v skladu s členom 2 Izvedbene uredbe (EU) št. 170/2013. Zaporedna številka (vstaviti v skladu s členom 2(3) navedene uredbe)

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                  in Finnish

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                  Puhdistettavaksi tarkoitettu etuuskohteluun oikeutettu raaka ruokosokeri, tuotu täytäntöönpanoasetuksen (EU) N:o 170/2013 2 artiklan mukaisesti. Järjestysnumero (järjestysnumero lisätään kyseisen asetuksen 2 artiklan 3 kohdan mukaisesti)

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                  in Swedish

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                  Förmånsrårörsocker för raffinering, importerat i enlighet med artikel 2 i genomförandeförordning (EU) nr 170/2013. Löpnummer (löpnummer ska anges enligt artikel 2.3 i den förordningen)

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                  in Croatian

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                  Preferencijalni sirovi šećer od šećerne trske za rafiniranje, uvezen u skladu s člankom 2. Provedbena uredba (EU) br. 170/2013. Redni br. (redni broj treba umetnuti u skladu s člankom 2. stavkom 3. te Uredbe)

            PART B

         Entries referred to in Article 4(4)(c)

                  —

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                  in Bulgarian

                  :

                  Внос с мито 98 EUR на тон за сурова тръстикова захар за рафиниране със стандартно качество в съответствие с член 2 от Регламент за изпълнение (ЕС) № 170/2013. Пореден номер (поредният номер, който трябва да се впише в съответствие с член 2, параграф 3 от посочения регламент)

                  —

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                  in Spanish

                  :

                  Importación con un derecho de 98 EUR por tonelada de azúcar de caña en bruto de calidad estándar que se destine al refinado, de conformidad con el artículo 2 del Reglamento de Ejecución (UE) no 170/2013. No de orden (el número de orden se insertará de conformidad con lo dispuesto en el artículo 2, apartado 3, de dicho Reglamento)

                  —

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                  in Czech

                  :

                  Dovoz surového třtinového cukru standardní jakosti určeného k rafinaci s clem ve výši 98 EUR za tunu podle článku 2 prováděcího nařízení (EU) č. 170/2013. Pořadové číslo (pořadové číslo se vloží v souladu s čl. 2 odst. 3 uvedeného nařízení)

                  —

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                  in Danish

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                  Import til en told på 98 EUR/ton rårørsukker af standard kvalitet til raffinering i henhold til artikel 2 i gennemførelsesforordning (EU) nr. 170/2013. Løbenummer (der indsættes løbenummer i overensstemmelse med artikel 2, stk. 3, i nævnte forordning)

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                  in German

                  :

                  Einfuhr zum Zollsatz von 98 EUR je Tonne Rohzucker der Standardqualität gemäß Artikel 2 der Durchführungsverordnung (EU) Nr. 170/2013. Laufende Nummer (gemäß Artikel 2 Absatz 3 der genannten Verordnung einzusetzen)

                  —

                  :

                  in Estonian

                  :

                  Vastavalt rakendusmääruse (EL) nr 170/2013 artiklile 2 tollimaksumääraga 98 eurot tonni kohta imporditud rafineerimiseks ette nähtud standardkvaliteediga toor-roosuhkur. Seerianumber (märgitakse vastavalt kõnealuse määruse artikli 2 lõikele 3)

                  —

                  :

                  in Greek

                  :

                  Εισαγωγή με δασμό 98 ευρώ ανά τόνο ακατέργαστης ζάχαρης ζαχαροκάλαμου του ποιοτικού τύπου για ραφινάρισμα σύμφωνα με το άρθρο 2 του εκτελεστικού κανονισμού (ΕΕ) αριθ. 170/2013. Αύξων αριθμός (συμπληρώνεται ο αύξων αριθμός σύμφωνα με το άρθρο 2 παράγραφος 3 του εν λόγω κανονισμού)

                  —

                  :

                  in English

                  :

                  Import at a duty of EUR 98 per tonne of standard-quality raw cane sugar for refining in accordance with Article 2 of Implementing Regulation (EU) No 170/2013. Order No (order number to be inserted in accordance with Article 2(3) of that Regulation)

                  —

                  :

                  in French

                  :

                  Importation à un droit de 98 EUR par tonne de sucre de canne brut destiné au raffinage de la qualité type conformément à l’article 2 du règlement d'exécution (UE) no 170/2013. Numéro d’ordre (numéro d’ordre à insérer conformément à l’article 2, paragraphe 3, dudit règlement)

                  —

                  :

                  in Italian

                  :

                  Importazione con un dazio di 98 EUR/t di zucchero di canna greggio della qualità tipo destinato alla raffinazione a norma dell’articolo 2 del regolamento di esecuzione (UE) n. 170/2013. Numero d’ordine (inserire in base all’articolo 2, paragrafo 3, del suddetto regolamento)

                  —

                  :

                  in Latvian

                  :

                  rafinēšanai paredzēta standarta kvalitātes niedru jēlcukurs, ko importē saskaņā ar Īstenošanas regulas (ES) Nr. 170/2013 2. pantu, piemērojot nodokļa likmi EUR 98 par tonnu. Kārtas Nr. (kārtas numuru ieraksta saskaņā ar šīs regulas 2. panta 3. punktu)

                  —

                  :

                  in Lithuanian

                  :

                  Importuojama taikant 98 EUR muito mokestį už toną standartinės kokybės rafinuoti skirto žaliavinio cukranendrių cukraus pagal Įgyvendinimo reglamento (ES) Nr. 170/2013 2 straipsnį. Eilės Nr. (eilės numeris įrašomas remiantis to reglamento 2 straipsnio 3 dalimi)

                  —

                  :

                  in Hungarian

                  :

                  98 EUR/tonna vámtételű, finomításra szánt minőségi nyers nádcukor behozatala a 170/2013/EU végrehajtási rendelet 2. cikkével összhangban. Tételszám (az említett rendelet 2. cikkének (3) bekezdése szerint)

                  —

                  :

                  in Maltese

                  :

                  L-importazzjoni b’dazju ta’ EUR 98 għal kull tunnellata zokkor tal-kannamieli mhux maħdum ta’ kwalità standard għar-raffinar skont l-Artikolu 2 tar-Regolament ta’ Implimentazzjoni (UE) Nru 170/2013. Nru tal-Ordni (in-numru tal-ordni għandu jiddaħħal skont l-Artikolu 2(3) ta’ dak ir-Regolament)

                  —

                  :

                  in Dutch

                  :

                  Invoerrecht van 98 EUR per ton ruwe rietsuiker van standaardkwaliteit die is bestemd voor raffinage overeenkomstig artikel 2 van Uitvoeringsverordening (EU) nr. 170/2013. Volgnummer (volgnummer in te voegen overeenkomstig artikel 2, lid 3, van die verordening)

                  —

                  :

                  in Polish

                  :

                  Przywóz po stawce celnej 98 EUR za tonę surowego cukru trzcinowego standardowej jakości przeznaczonego do rafinacji zgodnie z art. 2 rozporządzenia wykonawczego (UE) nr 170/2013. Numer porządkowy (numer porządkowy zgodnie z art. 2 ust. 3 wymienionego rozporządzenia)

                  —

                  :

                  in Portuguese

                  :

                  Importação com direito de 98 EUR por tonelada de açúcar bruto de cana para refinação da qualidade-tipo, conformidade com o artigo 2.o do Regulamento de Execução (CE) n.o 170/2013. Número de ordem (número de ordem a inserir de acordo com o artigo 2.o, n.o 3, desse regulamento)

                  —

                  :

                  in Romanian

                  :

                  Importat la o taxă de 98 EUR per tonă de zahăr brut din trestie de zahăr de calitate standard destinat rafinării în conformitate cu articolul 2 din Regulamentul de punere în aplicare (UE) Nr. 170/2013. Nr. de ordine [numărul de ordine se va introduce în conformitate cu articolul 2 alineatul (3) din respectivul regulament]

                  —

                  :

                  in Slovak

                  :

                  Dovoz s clom 98 EUR za tonu surového trstinového cukru štandardnej kvality na rafináciu v súlade s článkom 2 vykonávacieho nariadenia (EÚ) č. 170/2013. Poradové č. (poradové číslo sa doplní v súlade s článkom 2 ods. 3 uvedeného nariadenia)

                  —

                  :

                  in Slovene

                  :

                  Uvoz po dajatvi 98 EUR na tono surovega trsnega sladkorja standardne kakovosti za rafiniranje v skladu s členom 2 Izvedbene uredbe (EU) št. 170/2013. Zaporedna številka (vstaviti v skladu s členom 2(3) navedene uredbe)

                  —

                  :

                  in Finnish

                  :

                  Puhdistettavaksi tarkoitetun vakiolaatuisen raa’an ruokosokerin tuonti, josta kannetaan 98 euron tonnilta täytäntöönpanoasetuksen (EU) N:o 170/2013 2 artiklan mukaisesti. Järjestysnumero (järjestysnumero lisätään kyseisen asetuksen 2 artiklan 3 kohdan mukaisesti)

                  —

                  :

                  in Swedish

                  :

                  Import till en tullsats av 98 euro per ton rårörsocker av standardkvalitet för raffinering i enlighet med artikel 2 i genomförandeförordning (EU) nr 170/2013. Löpnummer (löpnummer ska anges enligt artikel 2.3 i den förordningen)

                  —

                  :

                  in Croatian

                  :

                  Uvoz uz carinu od 98 EUR po toni sirovog šećera od šećerne trske za rafiniranje standardne kakvoće u skladu s člankom 2. Provedbena uredba (EU) br. 170/2013. Redni br. (redni broj treba umetnuti u skladu s člankom 2. stavkom 3. te Uredbe)


title: Council Implementing Regulation (EU) No 1371/2013 of 16 December 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not

text:
               20.12.2013

               EN

               Official Journal of the European Union

               L 346/20

         COUNCIL IMPLEMENTING REGULATION (EU) No 1371/2013
   of 16 December 2013
   extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 791/2011 on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China to imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’), and in particular Article 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:
   1.   PROCEDURE

   1.1   Existing measures

               (1)

               By Implementing Regulation (EU) No 791/2011 (2) (‘the original Regulation’) the Council imposed a definitive anti-dumping duty of 62,9 % on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China (‘the PRC’) for all other companies than the ones mentioned in Article 1(2) and Annex 1 of that Regulation. Those measures are the measures in force and the investigation that led to the measures is the original investigation.

               (2)

               The measures in force were previously extended to Malaysia, by Council Implementing Regulation (EU) No 672/2012 (3), and to Taiwan and Thailand, by Council Implementing Regulation (EU) No 21/2013 (4).

         1.2   Request

               (3)

               On 25 February 2013, the European Commission (‘the Commission’) received a request under Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of certain open mesh fabrics of glass fibres originating in the PRC and to make imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, subject to registration.

               (4)

               The request was lodged by Saint-Gobain Adfors CZ s.r.o., Tolnatext Fonalfeldolgozo es Muszakiszovet-gyarto Bt., Valmieras ‘Stikla Skiedra’ AS and Vitrulan Technical Textiles GmbH, four Union producers of certain open mesh fabrics of glass fibres.

               (5)

               The request contained sufficient prima facie evidence that following the imposition of the measures in force, a significant change in the pattern of trade involving exports from the PRC, India and Indonesia to the Union occurred, for which there was insufficient due cause or economic justification other than the imposition of the measures in force. This change in the pattern of trade stemmed allegedly from consignment of certain open mesh fabrics of glass fibres originating in the PRC via India and Indonesia and/or false declaration of origin of the Chinese products.

               (6)

               Furthermore, the evidence pointed to the fact that the remedial effects of the measures in force were being undermined both in terms of quantity and price. The evidence showed that the increased imports from India and Indonesia were made at prices below the non-injurious price established in the original investigation.

               (7)

               Finally, there was evidence that prices of certain open mesh fabrics of glass fibres consigned from India and Indonesia were dumped in relation to the normal value established for the like product during the original investigation.

         1.3   Initiation

               (8)

               Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation under Articles 13(3) and 14(5) of the basic Regulation, the Commission initiated an investigation by Commission Regulation (EU) No 322/2013 (5) (‘the initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation the Commission, by the initiating Regulation, also directed the customs authorities to register imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia.

         1.4   Investigation

               (9)

               The Commission officially advised the authorities of the PRC, India and Indonesia, the producers/exporters in those countries, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation. Questionnaires were sent to the producers/exporters in the PRC, India and Indonesia known to the Commission or which made themselves known within the deadlines specified in recital 15 of the initiating Regulation. Questionnaires were also sent to importers in the Union. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regulation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being based on the facts available.

               (10)

               Two exporting producers in India and one unrelated importer in the Union made themselves known and submitted replies to the questionnaires. Later the Union importer informed the Commission that it imported other products and it did not import any product under investigation in the past. No exporting producer in Indonesia submitted a reply. The following exporting producers in India submitted an exemption form reply:

                           —

                           Montex Glass Fibre Industries Pvt.Ltd. (‘Montex’), and

                           —

                           Urja Products Pvt.Ltd.

               (11)

               Subsequently, Urja Products Pvt.Ltd. informed the Commission that it does not produce the product under investigation and its products have different technical characteristics and different use (falling within other CN codes). Therefore, a verification visit was carried out only at the premises of Montex.

         1.5   Investigation period

               (12)

               The investigation period covered the period from 1 April 2009 to 31 March 2013 (‘the IP’). Data were collected for the IP to investigate, inter alia, the alleged change in the pattern of trade. More detailed data were collected for the reporting period from 1 April 2012 to 31 March 2013 (‘the RP’) in order to examine the possible undermining of the remedial effect of the measures in force and existence of dumping.

         2.   RESULTS OF THE INVESTIGATION

   2.1   General considerations

               (13)

               In accordance with Article 13(1) of the basic Regulation, the assessment of the existence of circumvention was made by analysing successively whether there was a change in the pattern of trade between the PRC, India, Indonesia and the Union; if that change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty; if there was evidence of injury or that the remedial effects of the duty were being undermined in terms of the prices and/or quantities of the product under investigation; and whether there was evidence of dumping in relation to the normal values previously established for the product concerned, if necessary in accordance with the provisions of Article 2 of the basic Regulation.

         2.2   Product concerned and the product under investigation

               (14)

               The product concerned is as defined in the original investigation: Open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, originating in the PRC, currently falling within CN codes ex 7019 51 00 and ex 7019 59 00.

               (15)

               The product under investigation is the same as that defined in the previous recital, but consigned from India and Indonesia, whether declared as originating in India and Indonesia or not.

               (16)

               The investigation showed that open mesh fabrics of glass fibres, as defined above, exported from the PRC to the Union and those consigned from India and Indonesia to the Union have the same basic physical and technical characteristics and have the same uses, and are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.

         2.3   Level of cooperation

   2.3.1   India

               (17)

               As stated in recital 10 above, only two Indian companies submitted an exemption form reply. As one of them, Urja Products Pvt.Ltd., was found not to be a producer of the product under investigation, there was only one cooperating company, Montex. The company represented only 1 % of the exports from India to the Union in the RP, compared to overall exports from India. This led to the application of Article 18 of the basic Regulation and findings with regard to India were based on facts available.

         2.3.2   Indonesia

               (18)

               As stated in recital (10), no Indonesian companies submitted a questionnaire reply. There was no cooperation from Indonesian companies. This led to the application of Article 18 of the basic Regulation and findings with regard to Indonesia were based on facts available.

         2.3.3   The PRC

               (19)

               There was no cooperation from the Chinese exporting producers. This led to the application of Article 18 of the basic Regulation and findings with regard to the PRC were based on facts available.

         2.4   Change in the pattern of trade

               (20)

               To determine whether there was a change in the pattern of trade, imports of the product under investigation from India and Indonesia into the Union and exports of the product under investigation from the PRC to India and Indonesia were assessed. Those imports were established on the basis of facts available under Article 18(1) of the basic Regulation given the relatively low or no cooperation of Indian, Indonesian and Chinese companies (see Section 2.3 above).

               (21)

               To that end, COMEXT statistics (6), trade statistics from India and Indonesia received from the respective national authorities and Global Trade Information Services (7) statistics were used for the analysis. Accounting years starting on 1 April and finishing 31 March were used in order to use 12-month periods.

               (22)

               The import volume recorded in COMEXT statistics covers a larger product group than the product concerned and the product under investigation. However, based on estimates provided by the Union industry, it could be established that a significant part of that import volume covered the product concerned and the product under investigation. Accordingly, those data could be used to establish a change in the pattern of trade.

         2.4.1   Imports into the Union

               (23)

               COMEXT statistics show a significant change in the pattern of trade over the IP (see Table 1 below).

                  Table 1

                           Import volumes (millions of m2) (8)

                           April 2009/March 2010

                           April 2010/March 2011

                           April 2011/March 2012

                           April 2012/March 2013

                           PRC

                           288,40

                           385,85

                           110,30

                           85,93

                           India

                           0,35

                           0,28

                           0,89

                           13,13

                           Indonesia

                           0,004

                           0,16

                           3,22

                           33,31

                              Source: COMEXT statistics

      Imports from the PRC

               (24)

               According to COMEXT statistics imports of the product concerned from the PRC to the Union dropped dramatically subsequent to the imposition of the provisional measures in February 2011 (9) and of the definitive measures in August 2011 (10). Table 1 above shows that between 2010/2011 and 2011/2012 the imports to the Union from the PRC dropped from 385,85 million m2 to 110,30 million m2 (by approximately 70 %) and between 2010/2011 and 2012/2013 (by approximately 80 %) further to 85,9 million m2.

      Imports from India

               (25)

               According to COMEXT statistics, in the financial year 2009/2010 the quantities imported from India to the Union accounted for 0,35 million m2, in the financial year 2010/2011 it was 0,28 million m2 and it increased sharply between 2011/2012 and 2012/2013, reaching 13,13 million m2 in the financial year 2012/2013.

               (26)

               As stated in recital 17 above, the company Montex exported a very small quantity to the Union of the product under investigation in the IP – compared to overall exports from India it represents 1 % of the exports from India to the Union in the period of 2012/2013. Moreover, it was found that Montex exports the product under investigation under an incorrect CN code – 7019 52. Its exports had therefore to be added to the COMEXT statistics as shown in Table 1 above.

      Imports from Indonesia

               (27)

               According to COMEXT statistics, in the financial year 2009/2010 the quantities imported from Indonesia to the Union market accounted for 0,004 million m2, in 2010/2011 they amounted to 0,16 million m2 and they increased sharply between 2011/2012 and 2012/2013, from 3,22 million m2 to 33,31 million m2 respectively.

         2.4.2   Exports from the PRC to India and Indonesia

               (28)

               A dramatic increase of exports can also be observed from the PRC to India and Indonesia in the same period.

                  Table 2

                           Import volumes (millions of m2)

                           April 2009/March 2010

                           April 2010/March 2011

                           April 2011/March 2012

                           April 2012/March 2013

                           India

                           4,80

                           16,35

                           18,38

                           29,28

                           Indonesia

                           5,78

                           4,01

                           8,94

                           11,54

                              Source: China customs Statistics

      Exports from the PRC to India

               (29)

               According to the Chinese customs statistics, imports from the PRC to India of the product under investigation increased from 4,8 million m2 in the financial year 2009/2010 to 29,3 million m2 in the financial year 2012/2013.

      Exports from the PRC to Indonesia

               (30)

               According to the Chinese customs statistics, imports from the PRC to Indonesia of the product under investigation increased from 5,78 million m2 in the financial year 2009/2010 to 11,54 million m2 in the financial year 2012/2013.

         2.4.3   Conclusion on the change in the pattern of trade

               (31)

               The overall decrease of the exports from the PRC to the Union and the parallel increase of both exports from India and Indonesia to the Union and exports from the PRC to India and Indonesia, following the imposition of provisional measures in February 2011 and of definitive measures in August 2011, constitutes a change in the pattern of trade between the abovementioned countries, on the one hand, and of the exports of those countries to the Union, on the other hand.

         2.5   Nature of the circumvention practice

               (32)

               Article 13(1) of the basic Regulation requires that the change in the pattern of trade stems from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the duty. The practice, process or work includes, inter alia, the consignment of the product subject to measures in force via third countries in accordance with Article 13(2) of the basic Regulation.

               (33)

               During the investigation, evidence was found of transhipment practices via Indonesia and India and/or incorrect certificates of origin. For instance, some of the imports of the product concerned to the Union were transhipped through Dubai or Singapore with certificates of origin of Indonesia/India and a part of the imports to the Union was transhipped through an Indian company which did not cooperate in the investigation. The lack of cooperation by any of the producers of the product under investigation, except Montex, is also an indication that there is no genuine production in Indonesia and India that could justify the export levels from Indonesia and India to the Union. It is reasonable to expect that if there are genuine producers, they would try to distinguish themselves from circumvention practices by participating in this investigation in the first place. In addition, the investigation did not reveal evidence of genuine production in the two contries concerned, other than that of Montex. Furthermore, the surge in imports from those two countries indicates that the Chinese products are transhipped to the Union through India and Indonesia and/or with incorrect certificates of origin.

               (34)

               The existence of transhipment of Chinese-origin products via India and Indonesia is therefore confirmed.

         2.6   Insufficient due cause or economic justification other than the imposition of the anti-dumping duty

               (35)

               The investigation did not bring to light any due cause or economic justification for the transhipment other than the avoidance of the measures in force on the product concerned. No elements were found, other than the duty, which could be considered as a compensation for the costs of transhipment, in particular regarding transport and reloading, of certain open mesh fabrics of glass fibres originating in the PRC from the PRC via India and Indonesia.

         2.7   Undermining of the remedial effect of the anti-dumping duty

               (36)

               Next, it was assessed whether the imports of the product under investigation into the Union had undermined the remedial effects of the measures in force in terms of quantities and prices. COMEXT data was used as the best data available concerning quantities and prices of exports by the non-cooperating companies in India and Indonesia. The prices so determined were compared to the injury elimination level established for the Union industry in recital (74) of the original Regulation.

               (37)

               The increase of imports from India to the Union from 0,35 million m2 in 2009/2010 to 13,10 million m2 in the RP was significant in terms of quantities, compared to (very low) volumes of imports from India before the imposition of the provisional measures in 2009/2010. Also, the increase of imports from Indonesia to the Union from 0,04 m2 in 2009/2010 to 33,31 million m2 in the RP was considered to be substantial in terms of quantities, compared to (very low) volumes of imports from Indonesia before the imposition of the provisionnal measures in 2009/2010.

               (38)

               To assess whether the remedial effects of the measures in force are undermined in terms of prices, the prices of the imports from Indonesia and India were compared with the injury elimination level as established in the original Regulation. The injury elimination level as established in the original Regulation was adjusted for inflation. The weighted average export price of exports from India and Indonesia was adjusted for post importation costs and quality adjustments as established in the original investigation for imports from PRC. The comparison showed significantly lower export prices for exports from the countries concerned to the Union. It was therefore concluded that the remedial effects of the measures in force are also being undermined in terms of both quantities and prices.

         2.8   Evidence of dumping

               (39)

               Finally, in accordance with Article 13(1) of the basic Regulation it was examined whether there was evidence of dumping.

               (40)

               In the original Regulation the normal value was established on the basis of prices in Canada, which in that investigation was found to be an appropriate market economy analogue country for the PRC. In line with Article 13(1) of the basic Regulation the normal value as established in the original investigation was used.

               (41)

               The export prices from India and Indonesia were based on facts available under Article 18 of the basic Regulation. The export price was the average export price of certain open mesh fabrics of glass fibres from each of the two contries concerned during the RP as reported in COMEXT. The exports of the Indian company Montex were not reflected in the statistics due to the misclassification of their products (see recital 25 above), and were not used for the calculation of the dumping margin.

               (42)

               For the purpose of a fair comparison between the normal value and the export price, due allowance, in the form of adjustments, was made for differences which affect prices and price comparability in accordance with Article 2(10) of the basic Regulation. Accordingly, adjustments were made for differences in transport, insurance and packing costs. Given that data available did not allow to establish the level of the adjustments to be made, the adjustments had to be established on the basis of the best facts available. Thus, the adjustment for these allowances was based on a percentage calculated as the proportion of the total transport, insurance and packing costs over the value of the Union sales transactions with CIF delivery terms provided by the cooperating Chinese exporting producers in the original investigation.

               (43)

               In accordance with Articles 2(11) and 2(12) of the basic Regulation, dumping was calculated by comparing the weighted average normal value as established in the original Regulation and the corresponding weighted average export prices of the two countries concerned during this investigation's RP, expressed as a percentage of the CIF price at the Union frontier duty unpaid.

               (44)

               The comparison of the weighted average normal value and the weighted average export price as established showed dumping.

         3.   MEASURES

               (45)

               In view of the above, it is concluded that the definitive anti-dumping duty imposed on imports of certain open mesh fabrics of glass fibres originating in the PRC was circumvented by transhipment via India and Indonesia within the meaning of Article 13(1) of the basic Regulation.

               (46)

               In accordance with the first sentence of Article 13(1) of the basic Regulation, the measures in force on imports of the product concerned, should be extended to imports of the same product but consigned from India and Indonesia, whether declared as originating in India and Indonesia or not.

               (47)

               The measures to be extended should be the measures established in Article 1(2) of Regulation (EU) No 791/2011 for ‘all other companies’, which is a definitive anti-dumping duty of 62,9 % applicable to the net, free-at-Union-frontier price, before duty.

               (48)

               In accordance with Articles 13(3) and 14(5) of the basic Regulation, which provides that any extended measure should apply to imports which entered the Union under registration imposed by the initiating Regulation, duties should be collected on those registered imports of certain open mesh fabrics of glass fibres consigned from India and Indonesia.

         4.   REQUESTS FOR EXEMPTION

   4.1   India

               (49)

               As stated in recital (10) two exporting producers came forward following initiation and submitted questionnaire replies and requested exemption in accordance with Article 13(4) of the basic Regulation – Montex and Urja Products.

               (50)

               As stated in recital (11), it was found that one of the two companies, Urja Products does not produce the product under investigation. The exemption under Article 13(4) of the basic Regulation is not applicable to that company.

               (51)

               Montex was found not to be engaged in the circumvention practices subject to this investigation. The company demostrated that it is a genuine producer whose production capacity exceeds the volume of exports of the product under investigation to the Union. The company submitted a complete set of data and was verified on the spot. The verified data relating to the setting-up of the company, purchase of machinery, production process, capacity, stocks, purchases of raw material and cost of production support this conclusion. Furthermore, this producer could demonstrate that it is not related to any of the Chinese producers/exporters subject to the existing measures or to companies involved in the circumvention practices. Therefore, the exemption from the extended duties could be granted to this company.

         4.2   Indonesia

               (52)

               As stated in recital (10) no exporting producer in Indonesia submitted a request for exemption under Article 13(4) of the basic Regulation. The investigation did not reveal any genuine producer of the product under investigation in Indonesia.

         4.3   Newcomers

               (53)

               Producers in India and Indonesia which did not participate in this investigation and/or did not export the product under investigation to the Union in the RP may request an exemption from the extended anti-dumping duty under Articles 11(3), 11(4) and 13(4) of the basic Regulation. They will be asked to complete a questionnaire in order to enable the Commission to determine whether an exemption may be warranted. Such exemption may be granted after the assessment of the market situation of the product concerned, production capacity and capacity utilisation, procurement and sales and the likelihood of a continuation of practices for which there is insufficient due cause or economic justification and the evidence of dumping. The Commission would normally also carry out an on-the-spot verification visit. The request should be addressed to the Commission, with all relevant information, in particular any modification in the company's activities linked to the production and sales.

               (54)

               Where an exemption is warranted, the Commission will, after consultation of the Advisory Committee, propose the amendment of the extended measures in force accordingly. Subsequently, any exemption granted will be monitored to ensure compliance with the conditions.

         5.   DISCLOSURE

               (55)

               All interested parties were informed of the essential facts and considerations leading to the above conclusions and were invited to comment. The oral and written comments submitted by the parties were considered. None of the arguments presented gave rise to a modification of the definitive findings,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   The definitive anti-dumping duty applicable to ‘all other companies’ imposed by Article 1(2) of Regulation (EU) No 791/2011 on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, originating in the People's Republic of China, is hereby extended to imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, excluding fibreglass discs, consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, currently falling in CN codes ex 7019 51 00 and ex 7019 59 00 (TARIC codes 7019510014, 7019510015, 7019590014 and 7019590015) with the exception of those produced by Montex Glass Fibre Industries Pvt.Ltd. (TARIC additional code B942).
   2.   The application of the exemption granted to Montex Glass Fibre Industries Pvt. Ltd. shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex to this Regulation. If no such invoice is presented, the anti-dumping duty as imposed by paragraph 1 of this Article shall apply.
   3.   The duty extended by paragraph 1 of this Article shall be collected on imports consigned from India and Indonesia, whether declared as originating in India and Indonesia or not, registered in accordance with Article 2 of Regulation (EU) No 322/2013 and Articles 13(3) and 14(5) of Regulation (EC) No 1225/2009.
   4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.
   Article 2
   1.   Requests for exemption from the duty extended by Article 1 shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:

               European Commission

               Directorate-General for Trade

               Directorate H

               Office: N-105 8/20

               1049 Brussels

               Belgium

               Fax (32 2) 295 65 05

         2.   Imports from companies which do not circumvent the anti-dumping measures imposed by Regulation (EU) No 791/2011 may be exempted from the duty extended by Article 1 under the relevant provisions of the Basic Regulation.
   Article 3
   Customs authorities are hereby directed to discontinue the registration of imports, established in accordance with Article 2 of Regulation (EU) No 322/2013.
   Article 4
   This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 December 2013.

            For the Council

            The President

         V. JUKNA

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

      (2)  OJ L 204, 9.8.2011, p. 1.

      (3)  OJ L 196, 24.7.2012, p. 1.

      (4)  OJ L 11, 16.1.2013, p. 1.

      (5)  OJ L 101, 10.4.2013, p. 1.

      (6)  Comext is a database on foreign trade statistics managed by Eurostat.

      (7)  Global Trade Information Services are trade statistics from a commercial database provider.

      (8)  The volume in Comext is reported in metric tonnes and converted to square meters according to UI conversion rates; i.e. for CN 70 195 100: 1 m2 = 0,05kg, for CN 70 195 900: 1 m2 = 0,14 kg.

      (9)  OJ L 43, 17.2.2011, p. 9.

      (10)  OJ L 204, 9.8.2011, p. 1.

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

                  1.

                  The name and function of the official of the entity issuing the commercial invoice;

                  2.

                  The following declaration: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct’;

                  3.

                  Date and signature


title: Council Implementing Regulation (EU) No 193/2012 of 8 March 2012 implementing Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire

text:
               9.3.2012

               EN

               Official Journal of the European Union

               L 71/5

         COUNCIL IMPLEMENTING REGULATION (EU) No 193/2012
   of 8 March 2012
   implementing Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire
   THE COUNCIL OF THE EUROPEAN UNION
   Having regard to Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire (1), and in particular Article 11a(2) and (5) thereof,
   Whereas:

               (1)

               On 12 April 2005, the Council adopted Regulation (EC) No 560/2005.

               (2)

               On the basis of a review of the list of persons and entities to which the restrictive measures provided for in Regulation (EC) No 560/2005 apply, the Council considers that there are no longer grounds for keeping certain persons on that list.

               (3)

               Furthermore, the information relating to a person on the list in Annex I and to the persons on the list in Annex IA to that Regulation should be updated,

         HAS ADOPTED THIS REGULATION:
   Article 1
   In Annex I to Regulation (EC) No 560/2005, the entry for the following person:
   Désiré Tagro
   shall be replaced by the entry set out in Annex I to this Regulation.
   Article 2
   Annex IA to Regulation (EC) No 560/2005 shall be replaced by the text set out in Annex II to this Regulation.
   Article 3
   This Regulation shall enter into force on the date 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, 8 March 2012.

            For the Council

            The President

         M. BØDSKOV

      (1)  OJ L 95, 14.4.2005, p. 1.
   ANNEX I

      Entry referred to in Article 1

      ‘Désiré TAGRO. Passport number: PD — AE 065FH08. Date of birth: 27 January 1959. Place of birth: Issia, Côte d’Ivoire. Deceased on 12 April 2011 in Abidjan.
      Secretary-General in the so-called "presidency" of Mr GBAGBO: participation in the illegitimate government of Mr GBAGBO, obstruction of the peace and reconciliation process, rejection of the results of the presidential election, participation in violent repressions of popular movements. Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010).’

   ANNEX II

         ‘ANNEX IA

            List of natural and legal persons, entities or bodies not designated by the UN Security Council or the Sanctions Committee, referred to in Articles 2, 4 and 7

                     Name (and any aliases)

                     Identifying information

                     Grounds for designation

                     1.

                     Kadet Bertin

                     Born 1957 in Mama

                     Special Adviser to Laurent Gbagbo on matters of security, defence and military equipment, and formerly Gbagbo’s Minister for Defence.
                     Nephew of Laurent Gbagbo.
                     Exiled in Ghana. Subject of an international arrest warrant
                     Actively involved in incidents of abuse and forced disappearances, and in the funding and arming of the militia and of the "Young Patriots (COJEP)".
                     Involved in the funding and trafficking of arms and in the circumvention of the embargo.
                     He was close to western militia and liaised on Gbagbo’s behalf with these groups. Involved in setting up the "LIMA force" death squads.
                     During his exile in Ghana, he has continued to plot ways to regain power by force. He is calling for Gbagbo’s immediate release.
                     Because of his financial resources, his familiarity with illegal arms traffickers and his ongoing ties with active militia groups, especially in Liberia, Kadet Bertin poses a very real threat to the security and stability of Côte d’Ivoire.

                     2.

                     Oulaï Delafosse

                     Born 28 October 1968

                     Former sub-prefect of Toulepleu. Leader in the Great West Patriotic Resistance Union.
                     As Head of the militia, he has engaged in violence and crime, particularly in the Toulepleu area.
                     Taking his orders directly from Kadet Bertin, he was very active in the recruitment of Liberian mercenaries and in the trafficking of illegal arms from Liberia during the post-election crisis. His troops ran a reign of terror throughout the post-election crisis, killing hundreds of people from northern Côte d’Ivoire.
                     Because of his political extremism, his closeness to Kadet Bertin and the strong links he has maintained with Liberian mercenaries, he continues to pose a threat to the stability of the country.

                     3.

                     Pastor Gammi

                     Head of the Ivorian Movement for the Liberation of Western Côte d’Ivoire (MILOCI), established in 2004. As Head of the pro-Gbagbo MILOCI militia, he was involved in many massacres and much brutality.
                     Has fled to Ghana (is probably in Takoradi). Subject of an international arrest warrant.
                     Since his exile, he has joined the International Coalition for the Liberation of Côte d’Ivoire (CILCI) which advocates the use of armed resistance to have Gbagbo returned to power.

                     4.

                     Marcel Gossio

                     Born 18 February 1951 in Adjamé
                     Passport number: 08AA14345 (due to expire on 6 October 2013)

                     Has fled Côte d’Ivoire. Subject of an international arrest warrant.
                     Involved in the misappropriation of public funds and in the funding and arming of the militia.
                     Instrumental to the funding of the Gbagbo clan and of the militia. Also a central figure in illegal arms trafficking.
                     The sizeable sums of money he has misappropriated and his familiarity with the illegal arms networks make him a continued threat to the security and stability of Côte d’Ivoire.

                     5.

                     Justin Koné Katina

                     Has fled to Ghana. Subject of an international arrest warrant.
                     Involved in the Central Bank of West African States (BCEAO) hold-up.
                     From his place of exile, he still sees himself as Gbagbo’s spokesperson. In a press release on 12 December 2011 he argued that Ouattara had never won the election and asserted that the new regime was illegitimate. He calls for resistance, and believes Gbagbo will return to power.

                     6.

                     Ahoua Don Mello

                     Born 23 June 1958 in Bongouanou
                     Passport number: PD-AE/044GN02 (due to expire on 23 February 2013)

                     Spokesperson of Laurent Gbagbo. Former Minister for Infrastructure and Sanitation in the illegitimate government.
                     Exiled in Ghana. Subject of an international arrest warrant.
                     From exile, he has continuously stated that the election of President Ouattara was fraudulent and does not recognise his authority. He has refused to respond to the Ivorian Government’s call for reconciliation and has made regular calls in the press for uprisings, carrying out "mobilisation" tours in the refugee camps in Ghana.
                     In December 2011, he declared that Côte d’Ivoire was a "tribal state under siege" and that "the days of the Ouattara regime" were "numbered".

                     7.

                     Moussa Touré Zéguen

                     Born 9 September 1944
                     Old passport: AE/46CR05

                     Head of the Group of Patriots for Peace (GPP).
                     Founder of the "International Coalition for the Liberation of Côte d’ Ivoire" (CILCI).
                     Became a militia leader in 2002 and has led GPP since 2003. Under his command the GPP has become Gbagbo’s armed wing in Abidjan and the south of the country.
                     Responsible, with the GPP, for numerous acts of violence mainly against populations from the north of the country and opponents of the former regime.
                     Personally involved in post-election violence (particularly in the Abobo and Adjamé districts).
                     Whilst exiled in Accra, Touré Zéguen founded the "International Coalition for the Liberation of Côte d’Ivoire", whose aim is to return Gbagbo to power.
                     From his place of exile he has made repeated inflammatory statements (for example at the press conference on 9 December 2011), maintaining a stance of conflict and armed revenge. He regards Côte d’Ivoire under Ouattara as illegitimate and "recolonised" and has issued a "call on Ivorians to drive out the impostors" (Jeune Afrique, July 2011).
                     Keeps a blog calling for a violent uprising of the Ivorian people against Ouattara.’