WORLD TRADE  
ORGANIZATION  G/SG/N/6/EEC/4 
13 July 2005 
 (05-3128) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT 
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION  
AND THE REASONS FOR IT 
 
EUROPEAN COMMUNITIES 
 
(Strawberries
) 
 
  The following communication, dated 12 July 2005, is being circulated at the request of the 
Delegation of the European Commission. 
 
_______________ 
 
 
1. Specify the date when the investigation was initiated  
 
 On 6 July 2005, the European Commission initiate d an investigation relating to serious injury 
to the domestic producers of products like or dir ectly competing with imported frozen strawberries. 
  Public notice of the investigation was provided on 6 July 2004. 
 
2. Specify the product subject to the investigation  
 
 The product covered by the investigation is strawberries, uncooked or cooked by steaming or 
boiling in water, frozen, whether or not cont aining added sugar or other sweeteners.  
 
 The product concerned is currently classified  within the European Community Combined 
Nomenclature (CN) codes 0811 10 11, 0811 10 19 and 0811 10 90.  
3. Provide the reasons for the initiation of investigation 
 
(a) Information provided to the Commission 
 
 The Commission has been informed by Poland, pursuant to Article 2 of Council Regulations 
(EC) No 3285/94
1 and 519/942 respectively, that trends in imports  of the product concerned appear to 
call for safeguard measures.  Poland submitted the evidence available to them in relation to the 
indicators specified in Article 10 of Regulation (E C) No 3285/94 and Article 8 of Regulation (EC) 
No 519/94, and asked the Commission to open a safeguard investigation.  
                                                     
 
1  OJ L 349, 31.12.1994, p. 53. 
2  OJ L 67, 10.3.1994, p. 89. G/SG/N/6/EEC/4 
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 (b) Increase in imports 
 
 The information currently available to the Co mmission indicates that there have been recent 
sharp increases in imports of the product concerne d in absolute terms and relative to Community 
production. 
 
 Annex 1 contains detailed inform ation as to the increases in imports which form the basis for 
the initiation of the investigation.   (c) Serious injury or threat of serious injury  
 The information currently available to the Co mmission includes data in relation to certain 
economic indicators specified in Article 4 of the Ag reement on Safeguards. In general, the data shows 
that, since 2002 and up to the first quarter of 2005, the volumes of imports at low prices have had a 
negative impact on the prices of the like product in  the Community, on the market shares held, on 
sales and on profitability.  
 
Annex 1 contains detailed info rmation as to the evidence wh ich forms the basis for the 
initiation of the investigation   (d) Procedure  
 Following the provisions of Article 6 Regul ation (EC) No 3285/94 and Article 5 of 
Regulation (EC) No 519/94 governing safeguard inv estigations in the European Communities, the 
Commission has consulted the Advisory Committe e established under Article 4 of each of those 
regulations. Following that consu ltation, it is apparent to the Commission that there is sufficient 
evidence to justify the initiation of an investiga tion in relation to the product concerned and the 
Commission has decided to open an investigatio n, in cooperation with the Member States, to 
determine whether the necessary conditions exist for the adoption of definitive safeguard measures in 
relation to the product concerned.  
4. Further information 
  A copy of the Notice of Initiation which appeared in the Official Journal of the European 
Union is being submitted to the Committee ( Annex 2 ).  This document will also be available in the 
WTO Secretariat for inspection by government representatives.   G/SG/N/6/EEC/4 
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 ANNEX 1  
 
ECONOMIC INDICATORS 
 
Data per calendar year 2001 2002 2003 2004 Q1 2005 
      
CONSUMPTION (thousand tonnes) 268 253 256 227  
      
IMPORTS      
Volume (thousand tonnes) 47 63 104 93  
Market share (%) 17% 25% 41% 41%  
Unit prices (Euro/Tonne)Imports 886.7 942.0 951.8 821.8  
      
SITUATION OF COMMUNITY 
PRODUCERS ACCOUNTING FOR  A MAJOR PROPORTION OF TOTAL COMMUNITY PRODUCTION      
Production ( thousand tonnes ) 243 213 167 200  
Sales volume in the EU ( thousand tonnes ) 61 69 53 48  
Market share (%)  27% 20% 20%  
Unit sales price (EUR/tonne)  737.1 957.3 1427.5 926.3 833.2 
Net profit/loss on EU sales (%) 5.18 12.88 9.96 1.09 -5.12 
 G/SG/N/6/EEC/4 
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 ANNEX 2 
 
Notice of initiation of a safeguard investigation under Council Regulations (EC) Nos 3285/94 
and 519/94 concerning imports of frozen strawberries. 
  
 The Commission has received a request from the Polish authorities for the initiation of a 
safeguard investigation based on Article 2 of Council Regulations (EC) Nos 3285/94
3 and 519/944. 
  The request concerns strawberries, uncooked or cooked by steaming or boiling in water, 
frozen, whether or not containing added sugar or  other sweeteners (‘the product concerned’). 
  The Commission has analysed whether the conditions for opening investigations under Council Regulations (EC)  Nos 3285/94 and 519/94 are fulfilled. 
 
 
1. Request 
 
 In its request, Poland has informed the Co mmission that trends in imports of frozen 
strawberries  appear to call for safeguard measur es, and has provided the evidence available, as 
determined on the basis of the criteria laid down in Article 10 of Regulation (EC) No 3285/94 and 
Article 8 of Regulation (EC) no 519/94. 
 
2. Product concerned 
 
 The product in question is strawberries, uncooke d or cooked by steaming or boiling in water, 
frozen, whether or not containing added sugar or  other sweeteners, (‘the product concerned’). 
  The product concerned is currently classifi ed within CN codes 0811 10 11, 0811 10 19 and 
0811 10 90.  These CN codes are given for information only.  
3. Increase in imports and injury 
 
 According to the complaint, the Community producers of the like or directly competitive 
product are mainly located in Poland with some pr oduction in other Community member states.  The 
like or directly competitive products should for the purpose of this notice be understood as 
strawberries, uncooked or cooked by steaming or bo iling in water, frozen, whether or not containing 
added sugar or other sweeteners  
  Poland has provided evidence that imports into the Community of the product concerned are increasing rapidly both in absolute terms, and re lative to Community production and consumption, 
and, in particular, that imports have increased from around 47,000 tonnes in 2001 to around 63,000 
tonnes in 2002, to 104,000 tons in 2003, and 93,000 tons in 2004.  
 
 It is alleged that the volumes of the imported product concer ned have, among other 
consequences, had a negative impact on the prices of  like or directly competitive products in the 
Community, and on the market share held, the quantiti es sold and the level of prices charged by the 
Community producers
5, resulting in serious injury to the Community producers. 
                                                      
3 OJ L 349, 31.12.1994, p. 53. 
4 OJ L 67, 10.3.1994, p. 67. 
5 ‘Community producers’ includes the ‘Community producers’ as defined in Article 5(3)(c) of Council 
Regulation (EC) No 3285/94 and ‘Community producers of like or directly competing products’ as referred to in 
Article 15(1) of Council Regulation (EC) No 519/94.  G/SG/N/6/EEC/4 
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4. Procedure 
 
 Following the provisions of Article 6 of Regulation (EC) No 3285/94 and Article 5 of Regulation (EC) No 519/94, the Commission has c onsulted the Advisory Committees established 
under Article 4 of Regulations (EC) No 3285/ 94 and 519/94 respectively.  Following that 
consultation, it is apparent to the Commission that there is sufficient evidence to justify the initiation 
of an investigation, and the Commission hereby in itiates an investigation pursuant to Article 6 of 
Regulation (EC) No 3285/94 and Article  5 of Regulation (EC) No 519/94. 
 
4.1 Scope of the investigation 
  The investigation will determine whether saf eguard measures are justified under Council 
Regulations (EC) No 3285/94 and 519/94.  Specifically , the investigation will determine whether, as a 
result of unforeseen developments, the product concer ned is imported into the Community in such 
greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious 
injury to the Community producers.  (a) Questionnaires   In order to obtain the information it deems necessary for its investigation, the Commission 
will send questionnaires to the known producers of the like or directly competitive products in the 
Community and to any association of such  producers in the Community; to the known 
exporters/producers and importers of the prod uct concerned; to any known association of 
exporters/producers and importers  of the product concerned. 
 
 In any event, all parties should contact the Commi ssion forthwith by fax, but not later than the 
time limit set out in paragraph 5(a) of this notice, and, if necessary, request a questionnaire.  (b) Collection of information and holding of hearings   All interested parties are hereby invited to  make their views known, submit information and 
to provide supporting evidence.  This inform ation and supporting evidence has to reach the 
Commission within the time limit set in paragraph 5(b) of this notice.   Furthermore, the Commission will hear interested  parties, provided that they make a request 
showing that they are actually likely to be affected  by the result of the investigation and that there are 
particular reasons why they should be heard. This request must be made within the time limit set in 
paragraph 5(c) of this notice.  4.2 Procedure for the assessment of Community interest   In the event that it is determined that the product concerned is imported into the Community 
in such greatly increased quantities and/or on such term s or conditions as to cause or threaten to cause 
serious injury to the Community producers as to ju stify the taking of safeguard measures, a decision 
as to whether the Community interest calls for inte rvention shall be made based on an appreciation of 
all the various interests taken as a whole, includi ng the interests of the domestic industry and users 
and consumers. 
 
 In order to provide a sound basis on which th e Commission can take account of all views and 
information in the decision as to whether or not  the imposition of measures is in the Community 
interest, the Community producers, importers, thei r representative associations, representative users 
and representative consumer organisat ions, provided that they prove that there is an objective link 
between their activity and the product concerned, may, within the time limits set in paragraph 5(c) of G/SG/N/6/EEC/4 
Page 6  
 
 this notice, make themselves known and provide th e Commission with information.  Those parties 
who have made themselves known within the time limit may also request a hearing setting the particular reasons why they should be heard within the time limit set in paragra ph 5(c) of this notice.  
It should be noted that any information submitted will only be taken into ac count if supported by 
actual evidence at the time of submission. 
 
5. Time limits 
 
(a) Questionnaires  
 Interested parties willing to receive a questionnaire should request it as soon as possible, but 
not later than 10 days after the publication of this notice in the Official Journal of the European 
Union . 
 (b) For parties to make themselves known, to  submit questionnaire re plies and any other 
information. 
  All interested parties, if their representa tions are to be taken into account during the 
investigation, must make themselves known by contacting the Commission, presenting their views 
and submitting questionnaire replies or any other inform ation within 21 days of the date of publication 
of this notice in the Official Journal of the European Union , unless otherwise specified.  Attention is 
drawn to the fact that the exercise of most pro cedural rights set out in Council Regulation (EC) 
No 3285/94, and Council Regulation (EC) No 519/ 94 depends on parties making themselves known 
within the aforementioned period.  (c) Hearings 
 
 Pursuant to Article 6(4) of Council Regulatio n (EC) No 3285/94 and Article 5(4) of Council 
Regulation (EC) No 519/94, all interested parties may also apply to be heard by the Commission within 21 days of the publication of this notice in the Official Journal of the European Union . 
 
6. Written submissions, questionnaire replies and correspondence 
 
 All relevant information is to be communica ted to the Commission.  All submissions and 
requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and  must indicate the name, address, e-mail address, telephone and fax, and/or 
telex numbers of the interested party. 
 
 The Commission address for correspondence is:   European Commission  Directorate General for Trade  Directorate B 
 Office: J-79   5/16 
 B- 1049 Brussels  Belgium  Fax: (32 2) 295 65 05  7. Non-cooperation 
 
 When information is not supplied within the tim e limits or the investigation is significantly 
impeded, findings, affirmative or  negative, may be made on the basis of the facts available. 
  G/SG/N/6/EEC/4 
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  Where it is found that any interested party has supplied false or misleading information, the 
information shall be disregarded and use may be made of the facts available.  
8. Schedule of the investigation 
  In accordance with Article 7 of Regulation (EC)  No 3285/94 and Article 6 of Regulation (EC) 
No 519/94 the investigation shall, if possible, be concluded within 9 months of the date of the 
publication of this notice in the Official Journal of the European Union . 
  In exceptional circumstances the investigation may be extended by a further maximum period 
of 2 months.  If the time limit is extende d, the Commission will publish a notice in the Official 
Journal of the European Union  setting forth the duration of the extension and a summary of the 
reasons therefore.  
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