# Official Journal L 261/7 Oc

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 261 |
| | |
| English edition | Legislation | Volume 487 October 2005 |

ISSN 1725-2555

Official Journal

of the European Union

L 261

English edition

Legislation

Volume 487 October 2005

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 1631/2005 of 3 October 2005 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of trichloroisocyanuric acid originating in the People’s Republic of China and the United States of America | 1 |
| | | Commission Regulation (EC) No 1632/2005 of 6 October 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables | 13 |
| | | Commission Regulation (EC) No 1633/2005 of 6 October 2005 altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 1591/2005 | 15 |
| | | Commission Regulation (EC) No 1634/2005 of 6 October 2005 fixing the maximum export refund for white sugar to certain third countries for the 8th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005 | 17 |
| | * | Commission Regulation (EC) No 1635/2005 of 6 October 2005 establishing a prohibition of fishing for herring in sub-divisions 22 to 24 by vessels flying the flag of Poland | 18 |
| | * | Commission Regulation (EC) No 1636/2005 of 6 October 2005 amending, for the seventh time, Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) | 20 |
| | | Commission Regulation (EC) No 1637/2005 of 6 October 2005 on the issuing of export licences for wine-sector products | 22 |
| | | Commission Regulation (EC) No 1638/2005 of 6 October 2005 fixing the export refunds on cereals and on wheat or rye flour, groats and meal | 23 |
| | | Commission Regulation (EC) No 1639/2005 of 6 October 2005 concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005 | 25 |
| | | Commission Regulation (EC) No 1640/2005 of 6 October 2005 fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1438/2005 | 26 |
| | | Commission Regulation (EC) No 1641/2005 of 6 October 2005 fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005 | 27 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 1631/2005 of 3 October 2005 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of trichloroisocyanuric acid originating in the People’s Republic of China and the United States of America

1

Commission Regulation (EC) No 1632/2005 of 6 October 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

13

Commission Regulation (EC) No 1633/2005 of 6 October 2005 altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 1591/2005

15

Commission Regulation (EC) No 1634/2005 of 6 October 2005 fixing the maximum export refund for white sugar to certain third countries for the 8th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005

17

*

Commission Regulation (EC) No 1635/2005 of 6 October 2005 establishing a prohibition of fishing for herring in sub-divisions 22 to 24 by vessels flying the flag of Poland

18

*

Commission Regulation (EC) No 1636/2005 of 6 October 2005 amending, for the seventh time, Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

20

Commission Regulation (EC) No 1637/2005 of 6 October 2005 on the issuing of export licences for wine-sector products

22

Commission Regulation (EC) No 1638/2005 of 6 October 2005 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

23

Commission Regulation (EC) No 1639/2005 of 6 October 2005 concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005

25

Commission Regulation (EC) No 1640/2005 of 6 October 2005 fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1438/2005

26

Commission Regulation (EC) No 1641/2005 of 6 October 2005 fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005

27

| | | II   Acts whose publication is not obligatory |
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| | | Council |
| | * | Council Decision of 3 October 2005 appointing an alternate member of the Committee of the Regions | 28 |

II   Acts whose publication is not obligatory

Council

*

Council Decision of 3 October 2005 appointing an alternate member of the Committee of the Regions

28

| | | Acts adopted under Title V of the Treaty on European Union |
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| | * | Council Common Position 2005/689/CFSP of 6 October 2005 extending Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) | 29 |

Acts adopted under Title V of the Treaty on European Union

*

Council Common Position 2005/689/CFSP of 6 October 2005 extending Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

29

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts whose publication is obligatory

| 7.10.2005 | EN | Official Journal of the European Union | L 261/1 |
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7.10.2005

EN

Official Journal of the European Union

L 261/1

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COUNCIL REGULATION (EC) No 1631/2005

of 3 October 2005

imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of trichloroisocyanuric acid originating in the People’s Republic of China and the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 9 thereof,

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

1.   PROVISIONAL MEASURES

| (1) | On 7 April 2005, the Commission imposed, by Regulation (EC) No 538/2005 (2) (the provisional Regulation), a provisional anti-dumping duty on the imports into the Community of trichloroisocyanuric acid (TCCA) originating in the People’s Republic of China (PRC) and the United States of America (USA) (the countries concerned). |
| --- | --- |

(1)

On 7 April 2005, the Commission imposed, by Regulation (EC) No 538/2005 (2) (the provisional Regulation), a provisional anti-dumping duty on the imports into the Community of trichloroisocyanuric acid (TCCA) originating in the People’s Republic of China (PRC) and the United States of America (USA) (the countries concerned).

2

| (2) | It is recalled that the investigation of dumping concerning the PRC covered the period from 1 April 2003 to 31 March 2004 (IP-PRC) and that the investigation of dumping concerning the USA covered the period 1 July 2003 to 30 June 2004 (IP-USA). |
| --- | --- |

(2)

It is recalled that the investigation of dumping concerning the PRC covered the period from 1 April 2003 to 31 March 2004 (IP-PRC) and that the investigation of dumping concerning the USA covered the period 1 July 2003 to 30 June 2004 (IP-USA).

| (3) | For both investigations, the examination of trends relevant for the assessment of injury covered the period from 1 January 2000 to the end of the respective investigation period (period considered). |
| --- | --- |

(3)

For both investigations, the examination of trends relevant for the assessment of injury covered the period from 1 January 2000 to the end of the respective investigation period (period considered).

2.   SUBSEQUENT PROCEDURE

| (4) | Following the imposition of a provisional anti-dumping duty on imports of TCCA from the countries concerned, all parties received a disclosure of the facts and considerations on which the provisional Regulation was based. All parties were granted a period within which they could make representations in relation to these disclosures. |
| --- | --- |

(4)

Following the imposition of a provisional anti-dumping duty on imports of TCCA from the countries concerned, all parties received a disclosure of the facts and considerations on which the provisional Regulation was based. All parties were granted a period within which they could make representations in relation to these disclosures.

| (5) | Some interested parties submitted comments in writing. Those parties who so requested were also granted an opportunity to be heard orally. The Commission continued to seek and verify all information it deemed necessary for its definitive findings. |
| --- | --- |

(5)

Some interested parties submitted comments in writing. Those parties who so requested were also granted an opportunity to be heard orally. The Commission continued to seek and verify all information it deemed necessary for its definitive findings.

| (6) | The Commission services further disclosed all the essential facts and considerations on the basis of which they intended to recommend the imposition of a definitive anti-dumping duty and the definitive collection of amounts secured by way of the provisional duty. The interested parties were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the findings have been modified accordingly. |
| --- | --- |

(6)

The Commission services further disclosed all the essential facts and considerations on the basis of which they intended to recommend the imposition of a definitive anti-dumping duty and the definitive collection of amounts secured by way of the provisional duty. The interested parties were also granted a period within which they could make representations subsequent to this disclosure. The oral and written comments submitted by the parties were considered and, where appropriate, the findings have been modified accordingly.

B.   PRODUCT CONCERNED AND LIKE PRODUCT

| (7) | It is recalled that, in recital 19 of the provisional Regulation, the product concerned was defined as TCCA and preparations thereof originating in the countries concerned. TCCA is also referred to as ‘symclosene’ under its international non-proprietary name (INN). TCCA is normally declared within CN codes ex 2933 69 80 and ex 3808 40 20. |
| --- | --- |

(7)

It is recalled that, in recital 19 of the provisional Regulation, the product concerned was defined as TCCA and preparations thereof originating in the countries concerned. TCCA is also referred to as ‘symclosene’ under its international non-proprietary name (INN). TCCA is normally declared within CN codes ex 2933 69 80 and ex 3808 40 20.

| (8) | Moreover, it is recalled that, as set out in recitals 22 and 23 of the provisional Regulation, it was found that the product concerned and TCCA produced by the Community industry and sold on the Community market as well as TCCA produced and sold on the domestic markets of the countries concerned and the analogue country were like products within the meaning of Article 1(4) of the basic Regulation, since no differences in the basic physical and chemical characteristics and uses of the existing different types of TCCA had been found. |
| --- | --- |

(8)

Moreover, it is recalled that, as set out in recitals 22 and 23 of the provisional Regulation, it was found that the product concerned and TCCA produced by the Community industry and sold on the Community market as well as TCCA produced and sold on the domestic markets of the countries concerned and the analogue country were like products within the meaning of Article 1(4) of the basic Regulation, since no differences in the basic physical and chemical characteristics and uses of the existing different types of TCCA had been found.

| (9) | One processor reiterated its claim already made at the provisional stage that the scope of the investigation should have excluded blended TCCA. The processor alleged that the complaint had defined the product concerned as only unblended TCCA and that this product scope had been improperly enlarged by blended TCCA. However, it is recalled that the complaint does not make any reference to blended or unblended products. It is also recalled that a product concerned is defined according to its basic physical, chemical, technical characteristics and end uses and may encompass several or many types which all share the same basic characteristics. In this case, both blended and unblended tablets were found to meet these criteria. The product concerned in these proceedings, as indicated in the notices of initiation for both cases, is trichloroisocyanuric acid and preparations thereof, i.e. all types of the product concerned that share the same basic characteristics are covered by these proceedings. It can therefore not be said that blended tablets should be excluded from the product scope nor that the product scope was enlarged. On this basis, the claim was rejected and the conclusion drawn under recital 24 of the provisional Regulation is confirmed. |
| --- | --- |

(9)

One processor reiterated its claim already made at the provisional stage that the scope of the investigation should have excluded blended TCCA. The processor alleged that the complaint had defined the product concerned as only unblended TCCA and that this product scope had been improperly enlarged by blended TCCA. However, it is recalled that the complaint does not make any reference to blended or unblended products. It is also recalled that a product concerned is defined according to its basic physical, chemical, technical characteristics and end uses and may encompass several or many types which all share the same basic characteristics. In this case, both blended and unblended tablets were found to meet these criteria. The product concerned in these proceedings, as indicated in the notices of initiation for both cases, is trichloroisocyanuric acid and preparations thereof, i.e. all types of the product concerned that share the same basic characteristics are covered by these proceedings. It can therefore not be said that blended tablets should be excluded from the product scope nor that the product scope was enlarged. On this basis, the claim was rejected and the conclusion drawn under recital 24 of the provisional Regulation is confirmed.

C.   DUMPING

1.   GENERAL METHODOLOGY

1.1.   NORMAL VALUE

| (10) | In the absence of any comments about the methodology used when calculating the normal value, the methodology used as set out in recitals 26 to 33 of the provisional Regulation is confirmed. |
| --- | --- |

(10)

In the absence of any comments about the methodology used when calculating the normal value, the methodology used as set out in recitals 26 to 33 of the provisional Regulation is confirmed.

1.2.   EXPORT PRICE

| (11) | In the absence of any comments about the general methodology used when calculating the export price, the methodology used as set out in recital 34 of the provisional Regulation is confirmed. |
| --- | --- |

(11)

In the absence of any comments about the general methodology used when calculating the export price, the methodology used as set out in recital 34 of the provisional Regulation is confirmed.

1.3.   COMPARISON

| (12) | In the absence of any comments about the methodology used when comparing the normal value and the export price, the methodology used as set out in recital 35 of the provisional Regulation is confirmed. |
| --- | --- |

(12)

In the absence of any comments about the methodology used when comparing the normal value and the export price, the methodology used as set out in recital 35 of the provisional Regulation is confirmed.

1.4.   DUMPING MARGIN FOR THE PRC

| (13) | In the provisional Regulation two cooperating producers in the PRC were neither granted market economy treatment (MET) nor individual treatment (IT) (see recitals 44 and 66). The dumping margins for these two exporting producers had provisionally been calculated as a weighted average of their respective individual dumping margins. |
| --- | --- |

(13)

In the provisional Regulation two cooperating producers in the PRC were neither granted market economy treatment (MET) nor individual treatment (IT) (see recitals 44 and 66). The dumping margins for these two exporting producers had provisionally been calculated as a weighted average of their respective individual dumping margins.

| (14) | These two companies received erroneously a separate dumping margin and an individual duty, contrary to Article 9(5) of the basic Regulation and the consistent practice of the institutions. Therefore, this should be corrected at the definitive stage and both companies should be subject to the country-wide duty. |
| --- | --- |

(14)

These two companies received erroneously a separate dumping margin and an individual duty, contrary to Article 9(5) of the basic Regulation and the consistent practice of the institutions. Therefore, this should be corrected at the definitive stage and both companies should be subject to the country-wide duty.

| (15) | Therefore, for the definitive measures and given that those two companies were clearly still under significant State influence, their data had to be considered in the calculation of the country-wide dumping margin. Thus, given that the level of cooperation was low, the country-wide dumping margin was set as a weighted average of:






  (i) | the weighted average of the dumping margins found for these two exporting producers, in accordance with the methodology explained in recital 38 of the provisional Regulation; and |
| --- | --- | --- |

(15)

Therefore, for the definitive measures and given that those two companies were clearly still under significant State influence, their data had to be considered in the calculation of the country-wide dumping margin. Thus, given that the level of cooperation was low, the country-wide dumping margin was set as a weighted average of:

(i)

the weighted average of the dumping margins found for these two exporting producers, in accordance with the methodology explained in recital 38 of the provisional Regulation; and

| (ii) | the dumping margins found for the representative type of the product concerned with the highest dumping margin, as derived from the two exporters concerned. |
| --- | --- |

(ii)

the dumping margins found for the representative type of the product concerned with the highest dumping margin, as derived from the two exporters concerned.

2.   PEOPLE’S REPUBLIC OF CHINA (PRC)

2.1.   MET

| (16) | In the absence of any comments, the provisional findings concerning determination of MET as set out in recitals 40 to 63 of the provisional Regulation are confirmed. |
| --- | --- |

(16)

In the absence of any comments, the provisional findings concerning determination of MET as set out in recitals 40 to 63 of the provisional Regulation are confirmed.

2.2.   IT

| (17) | In the absence of any comments, the provisional findings concerning determination of IT as set out in recitals 64 to 67 of the provisional Regulation are confirmed. |
| --- | --- |

(17)

In the absence of any comments, the provisional findings concerning determination of IT as set out in recitals 64 to 67 of the provisional Regulation are confirmed.

2.3.   NORMAL VALUE

2.3.1.   Determination of normal value for all exporting producers not granted MET

(a)   Analogue country

| (18) | In the absence of any comments on the choice of analogue country, the selection as set out in recitals 68 to 74 of the provisional Regulation is confirmed. |
| --- | --- |

(18)

In the absence of any comments on the choice of analogue country, the selection as set out in recitals 68 to 74 of the provisional Regulation is confirmed.

(b)   Determination of normal value

| (19) | In the absence of any comments on the normal value for exporting producers not granted MET, the findings as set out in recital 75 of the provisional Regulation are confirmed. |
| --- | --- |

(19)

In the absence of any comments on the normal value for exporting producers not granted MET, the findings as set out in recital 75 of the provisional Regulation are confirmed.

2.3.2.   Determination of normal value for exporting producers granted MET

| (20) | Several exporters submitted that certain allowances claimed when calculating the normal value had not sufficiently been taken into account. The exporters argued that certain costs (i.e. transports costs and packaging) had been included in the constructed normal value which should rather have been deducted as an allowance, in the same way as it was done in cases where normal value was based on the domestic price. |
| --- | --- |

(20)

Several exporters submitted that certain allowances claimed when calculating the normal value had not sufficiently been taken into account. The exporters argued that certain costs (i.e. transports costs and packaging) had been included in the constructed normal value which should rather have been deducted as an allowance, in the same way as it was done in cases where normal value was based on the domestic price.

| (21) | These exporters also claimed that, for those types of the product concerned where a constructed normal value had to be used, selling, general and administrative expenses (SG & A) should be those expenses incurred on the domestic market. |
| --- | --- |

(21)

These exporters also claimed that, for those types of the product concerned where a constructed normal value had to be used, selling, general and administrative expenses (SG & A) should be those expenses incurred on the domestic market.

| (22) | Finally, they claimed that the applicable profit margin should be the margin obtained on domestic sales in the ordinary course of trade. |
| --- | --- |

(22)

Finally, they claimed that the applicable profit margin should be the margin obtained on domestic sales in the ordinary course of trade.

| (23) | Following analysis of the claims, it was considered appropriate to adjust the normal value for the allowances claimed to the extent that these claims indeed concerned transport and packaging costs that had been included in the constructed normal value as provisionally established. Furthermore, the normal value has now been calculated taking into account the SG & A incurred on the domestic market, and the profit margin applied has been adjusted to reflect the profit margin obtained in the ordinary course of trade on the domestic market. The normal value has therefore been adjusted downwards to reflect these changes. |
| --- | --- |

(23)

Following analysis of the claims, it was considered appropriate to adjust the normal value for the allowances claimed to the extent that these claims indeed concerned transport and packaging costs that had been included in the constructed normal value as provisionally established. Furthermore, the normal value has now been calculated taking into account the SG & A incurred on the domestic market, and the profit margin applied has been adjusted to reflect the profit margin obtained in the ordinary course of trade on the domestic market. The normal value has therefore been adjusted downwards to reflect these changes.

2.4.   EXPORT PRICES

| (24) | In the absence of any comments, the provisional findings concerning export prices as set out in recitals 79 and 80 of the provisional Regulation are confirmed. |
| --- | --- |

(24)

In the absence of any comments, the provisional findings concerning export prices as set out in recitals 79 and 80 of the provisional Regulation are confirmed.

2.5.   COMPARISON

| (25) | In the absence of any comments, the provisional findings concerning comparison between the normal value and the export price as set out in recital 81 of the provisional Regulation are confirmed. |
| --- | --- |

(25)

In the absence of any comments, the provisional findings concerning comparison between the normal value and the export price as set out in recital 81 of the provisional Regulation are confirmed.

2.6.   DUMPING MARGIN

2.6.1.   For the cooperating exporting producers granted MET/IT

| (26) | In the absence of any other comments, except for the normal value adjustments, as set out in detail in recitals 20 to 23, the methodology set out in recitals 82 and 83 of the provisional Regulation is confirmed. The new dumping margins expressed as a percentage on the CIF import price at the Community border, are now as follows:






  Hebei Jiheng Chemical Co. Limited | 8,1  % |
| --- | --- | --- |
| Puyang Cleanway Chemicals Limited | 7,3  % |
| Heze Huayi Chemical Co. Limited | 14,1  % |
| Zhucheng Taisheng Chemical Co. Limited | 40,5  % |

(26)

In the absence of any other comments, except for the normal value adjustments, as set out in detail in recitals 20 to 23, the methodology set out in recitals 82 and 83 of the provisional Regulation is confirmed. The new dumping margins expressed as a percentage on the CIF import price at the Community border, are now as follows:

Hebei Jiheng Chemical Co. Limited

8,1  %

Puyang Cleanway Chemicals Limited

7,3  %

Heze Huayi Chemical Co. Limited

14,1  %

Zhucheng Taisheng Chemical Co. Limited

40,5  %

2.6.2.   For all other exporting producers

| (27) | The new country-wide dumping margin, expressed as a percentage on the CIF import price at the Community border, and amended as explained in recitals 13 to 15, is now as follows:






  All other companies | 42,6  % |
| --- | --- | --- |

(27)

The new country-wide dumping margin, expressed as a percentage on the CIF import price at the Community border, and amended as explained in recitals 13 to 15, is now as follows:

All other companies

42,6  %

3.   THE UNITED STATES OF AMERICA

3.1.   NORMAL VALUE

| (28) | In the absence of any comments on the determination of normal value, with the exception of an issue of comparison having an influence on the level of the normal value for one exporting producer and commented below, the provisional findings concerning the method of establishing normal value as set out in recital 92 of the provisional Regulation are confirmed. |
| --- | --- |

(28)

In the absence of any comments on the determination of normal value, with the exception of an issue of comparison having an influence on the level of the normal value for one exporting producer and commented below, the provisional findings concerning the method of establishing normal value as set out in recital 92 of the provisional Regulation are confirmed.

3.2.   EXPORT PRICE

| (29) | One exporting producer contested the fact that the SG & A expenses and the profit realised by its related importers in the Community were deducted in their entirety from the resale prices in order to arrive at a reliable export price. Rather it claimed that such deductions should be allocated over the activities of the company both in the USA and in the Community. |
| --- | --- |

(29)

One exporting producer contested the fact that the SG & A expenses and the profit realised by its related importers in the Community were deducted in their entirety from the resale prices in order to arrive at a reliable export price. Rather it claimed that such deductions should be allocated over the activities of the company both in the USA and in the Community.

| (30) | In this respect, it is recalled that, pursuant to Article 2(9) of the basic Regulation, all costs, including the SG & A incurred between importation and resale of the related importer, plus a reasonable profit have to be deducted. The deductions have been calculated on the basis of actual verified data of the importer. Since the costs which the exporter wanted to allocate to the USA activities were indeed incurred in the Community, the claim had to be rejected. |
| --- | --- |

(30)

In this respect, it is recalled that, pursuant to Article 2(9) of the basic Regulation, all costs, including the SG & A incurred between importation and resale of the related importer, plus a reasonable profit have to be deducted. The deductions have been calculated on the basis of actual verified data of the importer. Since the costs which the exporter wanted to allocate to the USA activities were indeed incurred in the Community, the claim had to be rejected.

3.3.   COMPARISON

| (31) | One exporting producer claimed that the Commission wrongly compared bulk ex-factory product for export with finished domestic retail product. |
| --- | --- |

(31)

One exporting producer claimed that the Commission wrongly compared bulk ex-factory product for export with finished domestic retail product.

| (32) | In this respect it is noted that from the initiation of the proceeding, a comparison has been made between the bulk product sold on the domestic market in the USA and the bulk product imported into the Community, even if the latter was presented as a finished product, such as tablets, when sold to the first independent customer in the Community. This approach was based on the observation that TCCA is mainly imported in bulk form into the Community and re-worked in the Community. |
| --- | --- |

(32)

In this respect it is noted that from the initiation of the proceeding, a comparison has been made between the bulk product sold on the domestic market in the USA and the bulk product imported into the Community, even if the latter was presented as a finished product, such as tablets, when sold to the first independent customer in the Community. This approach was based on the observation that TCCA is mainly imported in bulk form into the Community and re-worked in the Community.

| (33) | However, it is recognised that while making this comparison some necessary adjustments with regard to the finishing of the product were not made at the provisional stage. Therefore, normal value was adjusted by eliminating from the cost of production in the USA the part that corresponds to the finishing of the product sold on the USA domestic market. The manufacturing costs of the department of the USA exporting producer where this activity took place were eliminated from the normal value, in accordance with the deduction from the resale price in the Community of the costs linked to the same activity, typically performed by third party subcontractors or tollers. |
| --- | --- |

(33)

However, it is recognised that while making this comparison some necessary adjustments with regard to the finishing of the product were not made at the provisional stage. Therefore, normal value was adjusted by eliminating from the cost of production in the USA the part that corresponds to the finishing of the product sold on the USA domestic market. The manufacturing costs of the department of the USA exporting producer where this activity took place were eliminated from the normal value, in accordance with the deduction from the resale price in the Community of the costs linked to the same activity, typically performed by third party subcontractors or tollers.

| (34) | It was further claimed that the above described ‘bulk approach’ would also require the exclusion of overheads (SG & A expenses) in the determination of normal value on the domestic market, because allegedly those overheads are mainly made to market the finished product. |
| --- | --- |

(34)

It was further claimed that the above described ‘bulk approach’ would also require the exclusion of overheads (SG & A expenses) in the determination of normal value on the domestic market, because allegedly those overheads are mainly made to market the finished product.

| (35) | In this respect it is noted that the activity of the group, which in the USA consists of the exporting producer and its mother company, and the costs made at that level with regard to TCCA, contribute to the marketing of both the bulk product and its different presentations to the first independent customer. The finished product is nothing more than the bulk product in a specific presentation. Claiming that the overheads do not play a role in the marketing of the bulk production would imply that it would be possible to continue the profitable production of bulk product without interference of the company and group structure, and more specifically its sales organisation. However, in reality the marketing does not distinguish between bulk or finished product but serves the marketing of TCCA in all its presentations. The claim was therefore rejected. |
| --- | --- |

(35)

In this respect it is noted that the activity of the group, which in the USA consists of the exporting producer and its mother company, and the costs made at that level with regard to TCCA, contribute to the marketing of both the bulk product and its different presentations to the first independent customer. The finished product is nothing more than the bulk product in a specific presentation. Claiming that the overheads do not play a role in the marketing of the bulk production would imply that it would be possible to continue the profitable production of bulk product without interference of the company and group structure, and more specifically its sales organisation. However, in reality the marketing does not distinguish between bulk or finished product but serves the marketing of TCCA in all its presentations. The claim was therefore rejected.

| (36) | In all other respects and in the absence of further comments, the provisional findings concerning the comparison of normal value to export price as set out in recital 94 of the provisional Regulation are confirmed. |
| --- | --- |

(36)

In all other respects and in the absence of further comments, the provisional findings concerning the comparison of normal value to export price as set out in recital 94 of the provisional Regulation are confirmed.

3.4.   DUMPING MARGIN

| (37) | In accordance with Article 2(11) of the basic Regulation, the comparison of the weighted average normal value of each product type concerned exported to the Community to the weighted average export price of each corresponding type of the product concerned, taking into account the level of trade, showed the existence of dumping in respect of the cooperating exporting producers. |
| --- | --- |

(37)

In accordance with Article 2(11) of the basic Regulation, the comparison of the weighted average normal value of each product type concerned exported to the Community to the weighted average export price of each corresponding type of the product concerned, taking into account the level of trade, showed the existence of dumping in respect of the cooperating exporting producers.

| (38) | The definitive dumping margins expressed as a percentage of the CIF import price at the Community border, duty unpaid, are the following: | BioLab Inc.: 50,4 % |
| --- | --- | --- |

(38)

The definitive dumping margins expressed as a percentage of the CIF import price at the Community border, duty unpaid, are the following:

BioLab Inc.: 50,4 %

| | Clearon Inc.: 105,3 % |
| --- | --- |

Clearon Inc.: 105,3 %

| (39) | The residual definitive margin was established at the highest dumping margin found on the basis of the highest dumped and representative product type for one of the cooperating exporting producers.
  Residual dumping margin: 120 % |
| --- | --- |

(39)

The residual definitive margin was established at the highest dumping margin found on the basis of the highest dumped and representative product type for one of the cooperating exporting producers.

Residual dumping margin: 120 %

D.   INJURY

1.   COMMUNITY PRODUCTION

| (40) | In the absence of any new information submitted, the findings set out in recitals 97 and 98 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(40)

In the absence of any new information submitted, the findings set out in recitals 97 and 98 of the provisional Regulation are hereby confirmed.

2.   DEFINITION OF THE COMMUNITY INDUSTRY

| (41) | One processor located in the Community argued that it should be considered as a Community producer because it produces blended tablets of TCCA which are covered by the definition of the product concerned. The investigation however showed that this processor did neither produce itself TCCA in granular or powder form, nor even tablets of TCCA or preparations, but rather subcontracted the production of these tablets. Moreover, the production of these tablets does not entail the production of TCCA but rather a transformation of TCCA from one form (granular or powder TCCA) in another (tablets of TCCA). On this basis, the claim could not be taken into account. |
| --- | --- |

(41)

One processor located in the Community argued that it should be considered as a Community producer because it produces blended tablets of TCCA which are covered by the definition of the product concerned. The investigation however showed that this processor did neither produce itself TCCA in granular or powder form, nor even tablets of TCCA or preparations, but rather subcontracted the production of these tablets. Moreover, the production of these tablets does not entail the production of TCCA but rather a transformation of TCCA from one form (granular or powder TCCA) in another (tablets of TCCA). On this basis, the claim could not be taken into account.

| (42) | Contradictory claims were received as to the treatment of the data provided by one of the European producers not included in the definition of the Community industry. The above processor claimed that the data of this producer should have been part of the Community industry while an exporting producer affirmed the contrary. |
| --- | --- |

(42)

Contradictory claims were received as to the treatment of the data provided by one of the European producers not included in the definition of the Community industry. The above processor claimed that the data of this producer should have been part of the Community industry while an exporting producer affirmed the contrary.

| (43) | In this respect, it should be noted that the data available for this producer were not used in the assessment of the situation of the Community industry, given that, as mentioned in recital 97 of the provisional Regulation, the said producer did not fully cooperate in the investigation and consequently could not be included in the definition of the Community industry. There was therefore no reason to consider its data in the analysis of the situation of the Community industry. |
| --- | --- |

(43)

In this respect, it should be noted that the data available for this producer were not used in the assessment of the situation of the Community industry, given that, as mentioned in recital 97 of the provisional Regulation, the said producer did not fully cooperate in the investigation and consequently could not be included in the definition of the Community industry. There was therefore no reason to consider its data in the analysis of the situation of the Community industry.

| (44) | Four Chinese cooperating exporting producers alleged that if there are more than two Community producers, like in the present case, the complaint cannot be supported by only one of them. It must be noted, however, that the degree of support for a complaint does not depend on the number of companies supporting the complaint, but is expressed in terms of production volume, pursuant to Article 4(1) and 5(4) of the basic Regulation. Moreover, it is recalled that as mentioned in recital 97 of the provisional Regulation, two out of the three Community producers supported the complaint. These two producers represented more than 50 % of total Community production so that conditions for initiation were met. Furthermore, it is noted that in this case, the complainant Community producer, who fully cooperated in the investigations, represented more than 50 % of the total Community production of TCCA during the IPs. The claim was therefore rejected. |
| --- | --- |

(44)

Four Chinese cooperating exporting producers alleged that if there are more than two Community producers, like in the present case, the complaint cannot be supported by only one of them. It must be noted, however, that the degree of support for a complaint does not depend on the number of companies supporting the complaint, but is expressed in terms of production volume, pursuant to Article 4(1) and 5(4) of the basic Regulation. Moreover, it is recalled that as mentioned in recital 97 of the provisional Regulation, two out of the three Community producers supported the complaint. These two producers represented more than 50 % of total Community production so that conditions for initiation were met. Furthermore, it is noted that in this case, the complainant Community producer, who fully cooperated in the investigations, represented more than 50 % of the total Community production of TCCA during the IPs. The claim was therefore rejected.

| (45) | It should be mentioned that since the imposition of the provisional measures, Aragonesas Delsa, the Community producer which was deemed to constitute the Community industry, has been acquired by the group Ercros. One American cooperating exporter alleged that the conditions for qualification as Community industry might not be met anymore, given that according to this exporter, Ercros also owns Inquide, allegedly an important importer of Chinese TCCA. |
| --- | --- |

(45)

It should be mentioned that since the imposition of the provisional measures, Aragonesas Delsa, the Community producer which was deemed to constitute the Community industry, has been acquired by the group Ercros. One American cooperating exporter alleged that the conditions for qualification as Community industry might not be met anymore, given that according to this exporter, Ercros also owns Inquide, allegedly an important importer of Chinese TCCA.

| (46) | In this respect, it should be first noted that Inquide is part of the Neokem group, which is one of the other European producers which did not fully cooperate in the investigation. Contrary to what is alleged by the American exporter, Ercros does not own Inquide fully but only owns a minor share in Inquide. Therefore, contrary to what is claimed by this exporter, Inquide and Aragonesas Delsa have not merged and there are no direct financial links between them. The investigation also confirmed that the Community producer was neither participating in dumping practices, nor shielded from the injurious effects of dumping. Therefore, there were no reasons to put into question its qualification as Community industry. Consequently, the conclusion drawn in recital 99 of the provisional Regulation is confirmed. |
| --- | --- |

(46)

In this respect, it should be first noted that Inquide is part of the Neokem group, which is one of the other European producers which did not fully cooperate in the investigation. Contrary to what is alleged by the American exporter, Ercros does not own Inquide fully but only owns a minor share in Inquide. Therefore, contrary to what is claimed by this exporter, Inquide and Aragonesas Delsa have not merged and there are no direct financial links between them. The investigation also confirmed that the Community producer was neither participating in dumping practices, nor shielded from the injurious effects of dumping. Therefore, there were no reasons to put into question its qualification as Community industry. Consequently, the conclusion drawn in recital 99 of the provisional Regulation is confirmed.

| (47) | In the absence of any other comments, the definition of the Community industry as set out in recital 99 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(47)

In the absence of any other comments, the definition of the Community industry as set out in recital 99 of the provisional Regulation is hereby confirmed.

3.   COMMUNITY CONSUMPTION

| (48) | In the absence of any new information, the calculation of Community consumption as set out in recitals 100 to 105 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(48)

In the absence of any new information, the calculation of Community consumption as set out in recitals 100 to 105 of the provisional Regulation is hereby confirmed.

4.   IMPORTS INTO THE COMMUNITY FROM THE COUNTRIES CONCERNED

4.1.   CUMULATIVE ASSESSMENT OF THE EFFECTS OF THE DUMPED IMPORTS CONCERNED — MARKET SHARES OF DUMPED IMPORTS

| (49) | One exporting producer argued that the cumulative assessment of the imports from the PRC and the imports from the USA was not warranted since the conditions of competition between the Chinese and the American imports in terms of import volume, market share and price behaviour were fundamentally different. |
| --- | --- |

(49)

One exporting producer argued that the cumulative assessment of the imports from the PRC and the imports from the USA was not warranted since the conditions of competition between the Chinese and the American imports in terms of import volume, market share and price behaviour were fundamentally different.

| (50) | It is first recalled that the three conditions set by Article 3(4) of the basic Regulation have been assessed under recital 107 of the provisional Regulation. |
| --- | --- |

(50)

It is first recalled that the three conditions set by Article 3(4) of the basic Regulation have been assessed under recital 107 of the provisional Regulation.

| (51) | Moreover, before deciding on the cumulation of the imports from the USA and the PRC, the actual situation of import volumes, market share and prices of the imports concerned has been analysed separately for both countries in recitals 109 to 112 of the provisional Regulation. |
| --- | --- |

(51)

Moreover, before deciding on the cumulation of the imports from the USA and the PRC, the actual situation of import volumes, market share and prices of the imports concerned has been analysed separately for both countries in recitals 109 to 112 of the provisional Regulation.

| (52) | As regards the conditions of competition, it should be recalled that as set out in recital 24 of the provisional Regulation, TCCA produced in the PRC and the USA, and TCCA produced and sold by the Community producers on the Community market have the same basic physical and chemical characteristics and are interchangeable for Community customers. In addition, it was found that exporting producers in the countries concerned and producers in the Community all use similar sales channels. Moreover, the imports from the PRC and the USA both showed the same price trends. The fact that imports from two different countries do not entirely follow the same trend, in terms of volume and market share, can stem from various reasons and does not necessarily imply that they are not sold under similar conditions of competition. |
| --- | --- |

(52)

As regards the conditions of competition, it should be recalled that as set out in recital 24 of the provisional Regulation, TCCA produced in the PRC and the USA, and TCCA produced and sold by the Community producers on the Community market have the same basic physical and chemical characteristics and are interchangeable for Community customers. In addition, it was found that exporting producers in the countries concerned and producers in the Community all use similar sales channels. Moreover, the imports from the PRC and the USA both showed the same price trends. The fact that imports from two different countries do not entirely follow the same trend, in terms of volume and market share, can stem from various reasons and does not necessarily imply that they are not sold under similar conditions of competition.

| (53) | On the basis of the above, and in the absence of any further comments with respect to the cumulative assessment of the effects of the dumped imports concerned, the findings as set out in recitals 106 to 108 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(53)

On the basis of the above, and in the absence of any further comments with respect to the cumulative assessment of the effects of the dumped imports concerned, the findings as set out in recitals 106 to 108 of the provisional Regulation are hereby confirmed.

4.2.   PRICES OF IMPORTS AND UNDERCUTTING

| (54) | Following corrections made in the dumping calculations, the price undercutting has also been revised. |
| --- | --- |

(54)

Following corrections made in the dumping calculations, the price undercutting has also been revised.

| (55) | During the IP, the weighted average price undercutting margins for the PRC, expressed as a percentage of the Community industry’s sales prices, ranged from 33,8 % to 44,2 % for the Chinese exporters. The weighted average price-undercutting margin was 39,7 %. |
| --- | --- |

(55)

During the IP, the weighted average price undercutting margins for the PRC, expressed as a percentage of the Community industry’s sales prices, ranged from 33,8 % to 44,2 % for the Chinese exporters. The weighted average price-undercutting margin was 39,7 %.

| (56) | During the IP, undercutting for the USA was also found to exist. Whilst one exporting producer undercut only certain types of TCCA, the other cooperating exporting producer was found to significantly undercut the Community industry’s prices. The weighted average price-undercutting margin was 0,69 %. It is also noteworthy that the Community industry prices were depressed. |
| --- | --- |

(56)

During the IP, undercutting for the USA was also found to exist. Whilst one exporting producer undercut only certain types of TCCA, the other cooperating exporting producer was found to significantly undercut the Community industry’s prices. The weighted average price-undercutting margin was 0,69 %. It is also noteworthy that the Community industry prices were depressed.

5.   SITUATION OF THE COMMUNITY INDUSTRY

| (57) | It is recalled that in recital 135 of the provisional Regulation, that the Commission provisionally concluded that the Community industry had suffered material injury within the meaning of Article 3 of the basic Regulation. |
| --- | --- |

(57)

It is recalled that in recital 135 of the provisional Regulation, that the Commission provisionally concluded that the Community industry had suffered material injury within the meaning of Article 3 of the basic Regulation.

| (58) | Four Chinese exporters claimed that in most anti-dumping investigations, material injury was established when the Community industry is making losses while in this particular case, the Community industry is still profitable. |
| --- | --- |

(58)

Four Chinese exporters claimed that in most anti-dumping investigations, material injury was established when the Community industry is making losses while in this particular case, the Community industry is still profitable.

| (59) | However, it is recalled that a loss-making situation is not a prerequisite for the determination of material injury. In accordance with Article 3(5) of the basic Regulation which states that the examination of the impact of the dumped imports on the Community industry shall include an evaluation of, inter alia, the ‘actual and potential decline in [...] profits’, the profitability analysis has to be seen by comparison to the profit realised in the absence of dumping. In this particular case, it is recalled that the Community industry has lost 50 % of the profit it reached in 2000, namely before the dumped imports entered the Community market. Moreover, it is recalled that the Community industry suffered also from negative developments in respect of prices and market shares. |
| --- | --- |

(59)

However, it is recalled that a loss-making situation is not a prerequisite for the determination of material injury. In accordance with Article 3(5) of the basic Regulation which states that the examination of the impact of the dumped imports on the Community industry shall include an evaluation of, inter alia, the ‘actual and potential decline in [...] profits’, the profitability analysis has to be seen by comparison to the profit realised in the absence of dumping. In this particular case, it is recalled that the Community industry has lost 50 % of the profit it reached in 2000, namely before the dumped imports entered the Community market. Moreover, it is recalled that the Community industry suffered also from negative developments in respect of prices and market shares.

inter alia

| (60) | On the basis of the above, and in the absence of any other comments in addition to the above, the findings in respect of the situation for the Community industry, as set out in recitals 117 to 135 of the provisional Regulation, are hereby confirmed. |
| --- | --- |

(60)

On the basis of the above, and in the absence of any other comments in addition to the above, the findings in respect of the situation for the Community industry, as set out in recitals 117 to 135 of the provisional Regulation, are hereby confirmed.

6.   CONCLUSION

| (61) | In view of the above, it is concluded that the Community industry has suffered material injury within the meaning of Article 3 of the basic Regulation. |
| --- | --- |

(61)

In view of the above, it is concluded that the Community industry has suffered material injury within the meaning of Article 3 of the basic Regulation.

E.   CAUSATION

1.   EFFECT OF THE DUMPED IMPORTS

| (62) | In the absence of any new information submitted, the conclusions set out in recitals 136 to 141 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(62)

In the absence of any new information submitted, the conclusions set out in recitals 136 to 141 of the provisional Regulation are hereby confirmed.

2.   EFFECT OF OTHER FACTORS

Production capacity

| (63) | One exporting producer alleged that the Community industry did not have the technical ability to participate in market growth because of technical problems linked to the start-up of a new factory, and was not prevented from doing so by the dumped imports as alleged in recital 118 of the provisional Regulation. |
| --- | --- |

(63)

One exporting producer alleged that the Community industry did not have the technical ability to participate in market growth because of technical problems linked to the start-up of a new factory, and was not prevented from doing so by the dumped imports as alleged in recital 118 of the provisional Regulation.

| (64) | As mentioned in recital 118 of the provisional Regulation, the Community industry decided in 2001/2002 to set up a new factory which started production in mid-2003 when the old plant was shut down. Although it is true that the Community industry encountered some technical difficulties to use fully the capacity of its new factory, it should be noted that the designed capacity, which the exporting producer is referring to in its submission, does not match with the data taken into consideration in the provisional Regulation. The capacity figures mentioned in the provisional Regulation referred to an actual capacity, i.e. a capacity adjusted to take into consideration these difficulties instead of the nameplate capacity. Therefore, the effect of the technical difficulties on the decreasing trend of capacity utilisation had already been partially taken into account. However, on the basis of the findings of the investigation, a further correction of the capacity figures used in the provisional Regulation would appear to be appropriate because the consequences of the abovementioned technical difficulties were not fully reflected in the capacity figures. Consequently, the actual capacity utilisation during the IPs would be near to 100 %. Indeed, it was found that the Community industry was operating at full capacity and had to temporary purchase the product concerned in order to meet the demand. Therefore, it cannot be excluded that the temporary technical difficulties of the Community industry to produce have contributed to some extent to the injury suffered by the Community industry. |
| --- | --- |

(64)

As mentioned in recital 118 of the provisional Regulation, the Community industry decided in 2001/2002 to set up a new factory which started production in mid-2003 when the old plant was shut down. Although it is true that the Community industry encountered some technical difficulties to use fully the capacity of its new factory, it should be noted that the designed capacity, which the exporting producer is referring to in its submission, does not match with the data taken into consideration in the provisional Regulation. The capacity figures mentioned in the provisional Regulation referred to an actual capacity, i.e. a capacity adjusted to take into consideration these difficulties instead of the nameplate capacity. Therefore, the effect of the technical difficulties on the decreasing trend of capacity utilisation had already been partially taken into account. However, on the basis of the findings of the investigation, a further correction of the capacity figures used in the provisional Regulation would appear to be appropriate because the consequences of the abovementioned technical difficulties were not fully reflected in the capacity figures. Consequently, the actual capacity utilisation during the IPs would be near to 100 %. Indeed, it was found that the Community industry was operating at full capacity and had to temporary purchase the product concerned in order to meet the demand. Therefore, it cannot be excluded that the temporary technical difficulties of the Community industry to produce have contributed to some extent to the injury suffered by the Community industry.

Effect of investments

| (65) | One exporting producer argued that the Commission failed to consider the negative impact on profitability of the major investments made by the Community industry and the additional costs due to the technical problems it had to face in the start-up phase. |
| --- | --- |

(65)

One exporting producer argued that the Commission failed to consider the negative impact on profitability of the major investments made by the Community industry and the additional costs due to the technical problems it had to face in the start-up phase.

| (66) | It is recalled that the issue of the new investment of the Community industry has already been dealt with in recital 150 to 152 of the provisional Regulation. |
| --- | --- |

(66)

It is recalled that the issue of the new investment of the Community industry has already been dealt with in recital 150 to 152 of the provisional Regulation.

| (67) | Moreover, as stated in recital 129 of the provisional Regulation, the new factory permitted the Community industry to reduce both fixed and variable costs, to produce more efficiently and to reach better productivity levels. Therefore, as mentioned in recital 125 of the provisional Regulation, any additional cost of the new investment has been compensated by parallel cost reductions and better efficiency. Indeed, the cost of production which first increased between 2000 and 2001, subsequently decreased until the IPs when a gain in productivity could be reached. It is also noteworthy that any effect of the new factory on the depreciation costs started only in July 2003, i.e. when the new factory started to produce and when the old factory definitely stopped. It can therefore not explain the decreasing trend in profitability which already started in 2001; profitability decreased by more than 20 % between 2000 and 2002 and even by more than 40 % between 2001 and 2002. The argument was therefore rejected. |
| --- | --- |

(67)

Moreover, as stated in recital 129 of the provisional Regulation, the new factory permitted the Community industry to reduce both fixed and variable costs, to produce more efficiently and to reach better productivity levels. Therefore, as mentioned in recital 125 of the provisional Regulation, any additional cost of the new investment has been compensated by parallel cost reductions and better efficiency. Indeed, the cost of production which first increased between 2000 and 2001, subsequently decreased until the IPs when a gain in productivity could be reached. It is also noteworthy that any effect of the new factory on the depreciation costs started only in July 2003, i.e. when the new factory started to produce and when the old factory definitely stopped. It can therefore not explain the decreasing trend in profitability which already started in 2001; profitability decreased by more than 20 % between 2000 and 2002 and even by more than 40 % between 2001 and 2002. The argument was therefore rejected.

Maturation of the TCCA market

| (68) | One processor challenged the conclusion of recital 149 of the provisional Regulation and reiterated its claim that price decreases were normal and were to be expected due to the maturation of the TCCA market. |
| --- | --- |

(68)

One processor challenged the conclusion of recital 149 of the provisional Regulation and reiterated its claim that price decreases were normal and were to be expected due to the maturation of the TCCA market.

| (69) | Although a price decrease can be expected when a product reaches a certain maturation, it should however be stressed that while maturation is rather commonly understood as a smooth, continuous and regular process which takes place over several years, the price decrease of the imports concerned was on the contrary, sudden and significant, since prices dropped by an average of 15 % per year between 2000 and 2003, even though the demand during the summer time in this period was particularly high. |
| --- | --- |

(69)

Although a price decrease can be expected when a product reaches a certain maturation, it should however be stressed that while maturation is rather commonly understood as a smooth, continuous and regular process which takes place over several years, the price decrease of the imports concerned was on the contrary, sudden and significant, since prices dropped by an average of 15 % per year between 2000 and 2003, even though the demand during the summer time in this period was particularly high.

| (70) | Moreover, according to the claim mentioned above, the injury suffered by the Community industry in terms of prices would have been caused by the normal evolution of the Community market which became mature over the period considered. This would mean that the decrease of 8 % of the Community industry prices between 2000 and the IP-PRC, or 12 % between 2000 and the IP-USA would correspond to the ‘normal’ evolution of the prices on the Community market in view of the life cycle of the product. However, it is recalled that prices of the imports concerned decreased by 40 % between 2000 and the IPs, which is obviously much more than an expected ‘normal’ price decrease which would be merely due to the maturation of the market. Therefore, even if the maturation of the market might have contributed to a limited extent to the price evolution, it can certainly not explain the significant price decrease of the imports concerned between 2000 and the IPs nor the injury suffered thereof by the Community industry. |
| --- | --- |

(70)

Moreover, according to the claim mentioned above, the injury suffered by the Community industry in terms of prices would have been caused by the normal evolution of the Community market which became mature over the period considered. This would mean that the decrease of 8 % of the Community industry prices between 2000 and the IP-PRC, or 12 % between 2000 and the IP-USA would correspond to the ‘normal’ evolution of the prices on the Community market in view of the life cycle of the product. However, it is recalled that prices of the imports concerned decreased by 40 % between 2000 and the IPs, which is obviously much more than an expected ‘normal’ price decrease which would be merely due to the maturation of the market. Therefore, even if the maturation of the market might have contributed to a limited extent to the price evolution, it can certainly not explain the significant price decrease of the imports concerned between 2000 and the IPs nor the injury suffered thereof by the Community industry.

Exports of the Community industry

| (71) | Four cooperating Chinese exporters claimed that some figures regarding the exports of the Community industry were missing in the injury analysis so that it is not possible to establish the full picture of the Community industry situation. |
| --- | --- |

(71)

Four cooperating Chinese exporters claimed that some figures regarding the exports of the Community industry were missing in the injury analysis so that it is not possible to establish the full picture of the Community industry situation.

| (72) | Regarding profitability, one exporting producer argued that the Commission has not taken into consideration the negative impact of the Community industry’s exports of TCCA to the USA. It is recalled that the injury investigation focuses on the situation of the Community industry on the Community market. Consequently, the profitability figures mentioned in recital 125 of the provisional Regulation only concern the sales made on the Community market and are therefore not influenced by any alleged loss made on the USA or on any other export market. |
| --- | --- |

(72)

Regarding profitability, one exporting producer argued that the Commission has not taken into consideration the negative impact of the Community industry’s exports of TCCA to the USA. It is recalled that the injury investigation focuses on the situation of the Community industry on the Community market. Consequently, the profitability figures mentioned in recital 125 of the provisional Regulation only concern the sales made on the Community market and are therefore not influenced by any alleged loss made on the USA or on any other export market.

| (73) | Some parties alleged that any negative trends in the Community industry’s market share and profitability were largely due to the Community industry’s exports outside the Community market. According to them, if the Community industry’s exports had been sold in the EC market instead of being exported to the USA market, the Community industry would have been able to meet the demand on the EC market, to keep its market share and to sell at a better price. |
| --- | --- |

(73)

Some parties alleged that any negative trends in the Community industry’s market share and profitability were largely due to the Community industry’s exports outside the Community market. According to them, if the Community industry’s exports had been sold in the EC market instead of being exported to the USA market, the Community industry would have been able to meet the demand on the EC market, to keep its market share and to sell at a better price.

| (74) | The investigation showed that the exports of the Community industry continuously increased since 2000 and represented more than 50 % of its total sales of the product concerned during the IPs, compared to less than 45 % in the year 2000. |
| --- | --- |

(74)

The investigation showed that the exports of the Community industry continuously increased since 2000 and represented more than 50 % of its total sales of the product concerned during the IPs, compared to less than 45 % in the year 2000.

| (75) | In this respect, it should first of all be noted that the Community industry’s market strategy is not to meet the demand on the Community market whatever the price is, but to sell a maximum on this market at an acceptable price. |
| --- | --- |

(75)

In this respect, it should first of all be noted that the Community industry’s market strategy is not to meet the demand on the Community market whatever the price is, but to sell a maximum on this market at an acceptable price.

| (76) | Secondly, the prices of exports to the USA do not as such point to injury because they are not comparable to those on the Community market. Indeed, it was found that any link made between the exports sales and the situation of the Community industry is not relevant because the exports sales and the sales made on the Community market are not comparable in terms of product mix and thus in terms of price. |
| --- | --- |

(76)

Secondly, the prices of exports to the USA do not as such point to injury because they are not comparable to those on the Community market. Indeed, it was found that any link made between the exports sales and the situation of the Community industry is not relevant because the exports sales and the sales made on the Community market are not comparable in terms of product mix and thus in terms of price.

| (77) | Sales made on the export market are mainly sales of granules in big bags whose price is much lower than the product sold on the Community market, i.e. mainly tablets. A simple price comparison of the unadjusted figures is therefore inconclusive. |
| --- | --- |

(77)

Sales made on the export market are mainly sales of granules in big bags whose price is much lower than the product sold on the Community market, i.e. mainly tablets. A simple price comparison of the unadjusted figures is therefore inconclusive.

| (78) | Thirdly, it should be noted that more than 80 % of the sales on the Community market take place between February and August, while the sales period on the American market is longer, particularly in the sunbelt area. Therefore, the sales to the USA in excess of what the Community market could absorb at an acceptable price allowed the Community industry to achieve improved economies of scale and to maintain the price level on the Community market. |
| --- | --- |

(78)

Thirdly, it should be noted that more than 80 % of the sales on the Community market take place between February and August, while the sales period on the American market is longer, particularly in the sunbelt area. Therefore, the sales to the USA in excess of what the Community market could absorb at an acceptable price allowed the Community industry to achieve improved economies of scale and to maintain the price level on the Community market.

| (79) | Fourthly, it should be noted that the USA market is the first market in the world for swimming pool equipment and chemicals. It was therefore vital for the Community industry to have access to this important market and maintain its position there, in order to diversify its customers and also to take part in the development of the most active market. |
| --- | --- |

(79)

Fourthly, it should be noted that the USA market is the first market in the world for swimming pool equipment and chemicals. It was therefore vital for the Community industry to have access to this important market and maintain its position there, in order to diversify its customers and also to take part in the development of the most active market.

| (80) | Finally, no evidence was provided showing that these sales on the American market could have been replaced by sales on the Community market at the same period of time and at better price, thus causing self inflicted injury. |
| --- | --- |

(80)

Finally, no evidence was provided showing that these sales on the American market could have been replaced by sales on the Community market at the same period of time and at better price, thus causing self inflicted injury.

| (81) | On the basis of the above, the claims were rejected and in the absence of any further comments, the conclusions drawn in respect of the effect of other factors in recitals 142 to 154 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(81)

On the basis of the above, the claims were rejected and in the absence of any further comments, the conclusions drawn in respect of the effect of other factors in recitals 142 to 154 of the provisional Regulation are hereby confirmed.

3.   CONCLUSION ON CAUSATION

| (82) | Based on the above considerations and other elements contained in recitals 136 to 154 of the provisional Regulation, it is concluded that imports from the PRC and the USA have caused material injury to the Community industry within the meaning of Article 3(6) of the basic Regulation. |
| --- | --- |

(82)

Based on the above considerations and other elements contained in recitals 136 to 154 of the provisional Regulation, it is concluded that imports from the PRC and the USA have caused material injury to the Community industry within the meaning of Article 3(6) of the basic Regulation.

F.   COMMUNITY INTEREST

1.   INTEREST OF THE COMMUNITY INDUSTRY

| (83) | In the absence of any comments made with respect to the interest of the Community industry, the findings as set out in recital 160 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(83)

In the absence of any comments made with respect to the interest of the Community industry, the findings as set out in recital 160 of the provisional Regulation are hereby confirmed.

2.   INTEREST OF UNRELATED IMPORTERS

| (84) | It should be recalled that the cooperation of unrelated importers was very low as already mentioned in recital 162 of the provisional Regulation. Furthermore, no importers made any comments after disclosure of the provisional findings. |
| --- | --- |

(84)

It should be recalled that the cooperation of unrelated importers was very low as already mentioned in recital 162 of the provisional Regulation. Furthermore, no importers made any comments after disclosure of the provisional findings.

| (85) | Under these circumstances, and in the absence of any further information submitted or available in respect of the interest of the unrelated importers, the findings as set out in recitals 161 and 162 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(85)

Under these circumstances, and in the absence of any further information submitted or available in respect of the interest of the unrelated importers, the findings as set out in recitals 161 and 162 of the provisional Regulation are hereby confirmed.

3.   INTEREST OF PROCESSORS

| (86) | The further investigation showed that the situation of the processors can vary a lot in terms of profitability and in terms of impact of TCCA on their cost of production. Therefore, the assumption made in recital 168 of the provisional Regulation that TCCA represents more than 40 % of the processor’s cost of production and that it is a low margin product needs to be refined. Indeed, an additional on-the-spot verification carried out at the premises of one of the most important processor on the EC market, showed that the product concerned represented less than 25 % of its total cost of production and that its profitability was above 8 %. |
| --- | --- |

(86)

The further investigation showed that the situation of the processors can vary a lot in terms of profitability and in terms of impact of TCCA on their cost of production. Therefore, the assumption made in recital 168 of the provisional Regulation that TCCA represents more than 40 % of the processor’s cost of production and that it is a low margin product needs to be refined. Indeed, an additional on-the-spot verification carried out at the premises of one of the most important processor on the EC market, showed that the product concerned represented less than 25 % of its total cost of production and that its profitability was above 8 %.

| (87) | One processor challenged the assessment of the provisional Regulation that the processors could revise their price upward, and thus pass part of the cost increase to their customers so that the effect of the measures would be diluted through the distribution chain. |
| --- | --- |

(87)

One processor challenged the assessment of the provisional Regulation that the processors could revise their price upward, and thus pass part of the cost increase to their customers so that the effect of the measures would be diluted through the distribution chain.

| (88) | This scenario was however confirmed by at least another processor, which clearly stated that since the provisional duties have been imposed, processors have increased their prices between 15 and 25 % (or on average EUR 0,32/kg) for the 2005 season. This was also confirmed by another processor. The investigation also showed that the processors are not contractually prevented from increasing their prices and that special clauses have also been inserted in their contracts for the 2006 season in view of the possible imposition of anti-dumping duties. These elements clearly show that the processors have already, at least partially, taken some precautions to pass on the cost increase to the distribution chain. |
| --- | --- |

(88)

This scenario was however confirmed by at least another processor, which clearly stated that since the provisional duties have been imposed, processors have increased their prices between 15 and 25 % (or on average EUR 0,32/kg) for the 2005 season. This was also confirmed by another processor. The investigation also showed that the processors are not contractually prevented from increasing their prices and that special clauses have also been inserted in their contracts for the 2006 season in view of the possible imposition of anti-dumping duties. These elements clearly show that the processors have already, at least partially, taken some precautions to pass on the cost increase to the distribution chain.

| (89) | Finally, the investigation showed that the mark-up added by the mass merchants on their purchase price from the processors can be significant, i.e. above 40 %, which confirms that there is room for passing on the cost increase caused by the duties to the distribution chain. |
| --- | --- |

(89)

Finally, the investigation showed that the mark-up added by the mass merchants on their purchase price from the processors can be significant, i.e. above 40 %, which confirms that there is room for passing on the cost increase caused by the duties to the distribution chain.

| (90) | One processor claimed that the imposition of one single duty on imports of TCCA in the form of both granules and tablets would drive exporting producers and intermediaries to import tablets directly and would negatively affect the processing activity. It was therefore suggested that a higher duty be imposed on imports of tablets than on imports of TCCA in granules. According to this processor, such distinction would allow to protect both the Community industry and the processors. |
| --- | --- |

(90)

One processor claimed that the imposition of one single duty on imports of TCCA in the form of both granules and tablets would drive exporting producers and intermediaries to import tablets directly and would negatively affect the processing activity. It was therefore suggested that a higher duty be imposed on imports of tablets than on imports of TCCA in granules. According to this processor, such distinction would allow to protect both the Community industry and the processors.

| (91) | However, it is recalled that the product concerned was defined as TCCA and preparations thereof. It can be in the form of granules, powder or tablets, with no limit of chlorine content. Therefore, although the comparisons were made between products having identical characteristics, such as the form or the packaging, the resulting duty applied on the product concerned should apply on imports of TCCA, whatever the form, i.e. granules, powder or tablets. Any other approach would consist in using the anti-dumping duties to make up for the difference in processing costs between the European processors and the Chinese exporters, which is obviously not the purpose of anti-dumping measures. Finally, it is noted that, although the same ad valorem duty applies to both TCCA in granules and tablets of TCCA, it will necessarily result in a higher amount of duties to be paid when applied on more expensive products, such as tablets. This could partially satisfy the request made by this processor. The claim was therefore rejected. |
| --- | --- |

(91)

However, it is recalled that the product concerned was defined as TCCA and preparations thereof. It can be in the form of granules, powder or tablets, with no limit of chlorine content. Therefore, although the comparisons were made between products having identical characteristics, such as the form or the packaging, the resulting duty applied on the product concerned should apply on imports of TCCA, whatever the form, i.e. granules, powder or tablets. Any other approach would consist in using the anti-dumping duties to make up for the difference in processing costs between the European processors and the Chinese exporters, which is obviously not the purpose of anti-dumping measures. Finally, it is noted that, although the same ad valorem duty applies to both TCCA in granules and tablets of TCCA, it will necessarily result in a higher amount of duties to be paid when applied on more expensive products, such as tablets. This could partially satisfy the request made by this processor. The claim was therefore rejected.

ad valorem

| (92) | On the basis of the above, and in the absence of any other comments made with respect to the interest of the Community processors, the findings as set out in recitals 163 to 172 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(92)

On the basis of the above, and in the absence of any other comments made with respect to the interest of the Community processors, the findings as set out in recitals 163 to 172 of the provisional Regulation are hereby confirmed.

4.   INTEREST OF CONSUMERS

| (93) | One processor reiterated its claim that any price increase will not be in the consumers’ interest. However, as explained in the provisional Regulation, any price increase is likely to be minor and thus not to affect the consumer’s choice. This has been confirmed by one processor who even stated that the impact on the final consumer would be around EUR 10 per year, which is even less then the conservative estimate of EUR 2,5 per month mentioned in the provisional Regulation. Such a cost increase cannot be considered as significant or of a nature as to lead the final consumer to switch to alternative products. |
| --- | --- |

(93)

One processor reiterated its claim that any price increase will not be in the consumers’ interest. However, as explained in the provisional Regulation, any price increase is likely to be minor and thus not to affect the consumer’s choice. This has been confirmed by one processor who even stated that the impact on the final consumer would be around EUR 10 per year, which is even less then the conservative estimate of EUR 2,5 per month mentioned in the provisional Regulation. Such a cost increase cannot be considered as significant or of a nature as to lead the final consumer to switch to alternative products.

| (94) | In addition, the estimated amount of EUR 10 per year only reflects the hypothetical maximum impact of the measures if the entire duty were to be passed on to the final consumer. It also does not take into account the fact that the definitive measures are at least for the imports originating in the USA lower than those provisionally imposed. |
| --- | --- |

(94)

In addition, the estimated amount of EUR 10 per year only reflects the hypothetical maximum impact of the measures if the entire duty were to be passed on to the final consumer. It also does not take into account the fact that the definitive measures are at least for the imports originating in the USA lower than those provisionally imposed.

| (95) | On the basis of the above, and in the absence of any other comments made with respect to the interest of the Community consumers, the findings as set out in recitals 173 to 177 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(95)

On the basis of the above, and in the absence of any other comments made with respect to the interest of the Community consumers, the findings as set out in recitals 173 to 177 of the provisional Regulation are hereby confirmed.

5.   CONCLUSION ON COMMUNITY INTEREST

| (96) | In view of the conclusions drawn in the provisional Regulation, and taking into account the submissions made by the various parties, it is concluded that there are no compelling reasons not to impose definitive anti-dumping measures against dumped imports of TCCA originating in the countries concerned. |
| --- | --- |

(96)

In view of the conclusions drawn in the provisional Regulation, and taking into account the submissions made by the various parties, it is concluded that there are no compelling reasons not to impose definitive anti-dumping measures against dumped imports of TCCA originating in the countries concerned.

G.   DEFINITIVE ANTI-DUMPING MEASURES

| (97) | Based on the methodology explained in recitals 179 to 183 of the provisional Regulation, an injury elimination level was calculated for the purposes of establishing the level of measures to be imposed. |
| --- | --- |

(97)

Based on the methodology explained in recitals 179 to 183 of the provisional Regulation, an injury elimination level was calculated for the purposes of establishing the level of measures to be imposed.

| (98) | When calculating the injury margin in the provisional Regulation, the target profit for the Community industry was set at 10 %, a level deemed conservative and which could be reasonably expected in the absence of injurious dumping. |
| --- | --- |

(98)

When calculating the injury margin in the provisional Regulation, the target profit for the Community industry was set at 10 %, a level deemed conservative and which could be reasonably expected in the absence of injurious dumping.

| (99) | Several interested parties argued that a 10 % profit is inappropriate for the TCCA business and that the profit should rather be below 5 %. However, as mentioned in recital 181 of the provisional Regulation, the profit level of the Community industry before the imports concerned into the Community started to significantly increase. Indeed, the level reached in 2000 and 2001, shows that a 10 % profit can reasonably be expected in the absence of dumping. The claims were therefore rejected. |
| --- | --- |

(99)

Several interested parties argued that a 10 % profit is inappropriate for the TCCA business and that the profit should rather be below 5 %. However, as mentioned in recital 181 of the provisional Regulation, the profit level of the Community industry before the imports concerned into the Community started to significantly increase. Indeed, the level reached in 2000 and 2001, shows that a 10 % profit can reasonably be expected in the absence of dumping. The claims were therefore rejected.

| (100) | In the absence of any new comments on this subject, the methodology set out in recitals 179 to 183 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(100)

In the absence of any new comments on this subject, the methodology set out in recitals 179 to 183 of the provisional Regulation is hereby confirmed.

1.   DEFINITIVE MEASURES

| (101) | In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level of the dumping margin calculated as regards imports originating in the PRC and at the level of the injury margin calculated as regards imports originating in the USA. |
| --- | --- |

(101)

In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level of the dumping margin calculated as regards imports originating in the PRC and at the level of the injury margin calculated as regards imports originating in the USA.

| (102) | On the basis of the above, since the injury margins were in all cases higher than the dumping margins with regard to the PRC and lower than the dumping margins with regard to the USA, the definitive duties should be as follows:







  Country | Company | Anti-dumping duty rate |
| --- | --- | --- | --- |
| PRC | Hebei Jiheng Chemical Co. Limited | 8,1  % |
| Puyang Cleanway Chemicals Limited | 7,3  % |
| Heze Huayi Chemical Co. Limited | 14,1  % |
| Zhucheng Taisheng Chemical Co. Limited | 40,5  % |
| All other companies | 42,6  % |
| USA | Biolab Inc. | 7,4  % |
| Clearon Inc. | 8,1  % |
| All other companies | 25,0  % |

(102)

On the basis of the above, since the injury margins were in all cases higher than the dumping margins with regard to the PRC and lower than the dumping margins with regard to the USA, the definitive duties should be as follows:

Country

Company

Anti-dumping duty rate

PRC

Hebei Jiheng Chemical Co. Limited

8,1  %

Puyang Cleanway Chemicals Limited

7,3  %

Heze Huayi Chemical Co. Limited

14,1  %

Zhucheng Taisheng Chemical Co. Limited

40,5  %

All other companies

42,6  %

USA

Biolab Inc.

7,4  %

Clearon Inc.

8,1  %

All other companies

25,0  %

| (103) | The individual anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies specifically mentioned. Imported products produced by any other company not specifically mentioned by its name and address in the operative part of this Regulation, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’. |
| --- | --- |

(103)

The individual anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies specifically mentioned. Imported products produced by any other company not specifically mentioned by its name and address in the operative part of this Regulation, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’.

| (104) | Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting-up of new production or sales entities) should be addressed to the Commission (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates. |
| --- | --- |

(104)

Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting-up of new production or sales entities) should be addressed to the Commission (3) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates.

3

| (105) | In order to minimise the risks of circumvention due to the high difference in the amounts of duties, it is considered that special measures are needed in this case to ensure the proper application of the anti-dumping duties. These special measures include: |
| --- | --- |

(105)

In order to minimise the risks of circumvention due to the high difference in the amounts of duties, it is considered that special measures are needed in this case to ensure the proper application of the anti-dumping duties. These special measures include:

| (106) | The 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. Only imports accompanied by such an invoice shall be declared under the applicable TARIC additional codes of the producer in question. Imports not accompanied by such an invoice shall be made subject to the residual anti-dumping duty applicable to all other exporters. |
| --- | --- |

(106)

The 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. Only imports accompanied by such an invoice shall be declared under the applicable TARIC additional codes of the producer in question. Imports not accompanied by such an invoice shall be made subject to the residual anti-dumping duty applicable to all other exporters.

| (107) | The companies concerned have also been invited to submit regular reports to the Commission in order to ensure a proper follow-up of their sales of the product concerned to the Community. Should the reports not be submitted, or should the analysis of the reports show that the measures are not adequate to eliminate the effects of injurious dumping, the Commission may initiate an interim review pursuant to Article 11(3) of the basic Regulation. This review may, inter alia, examine the need for the removal of individual duty rates and the consequent imposition of a country-wide duty. |
| --- | --- |

(107)

The companies concerned have also been invited to submit regular reports to the Commission in order to ensure a proper follow-up of their sales of the product concerned to the Community. Should the reports not be submitted, or should the analysis of the reports show that the measures are not adequate to eliminate the effects of injurious dumping, the Commission may initiate an interim review pursuant to Article 11(3) of the basic Regulation. This review may, inter alia, examine the need for the removal of individual duty rates and the consequent imposition of a country-wide duty.

inter alia

2.   COLLECTION OF PROVISIONAL DUTIES

| (108) | In view of the magnitude of the dumping margins found and in the light of the level of the material injury caused to the Community Industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by Regulation (EC) No 538/2005, should be collected at the rate of the duty definitively imposed. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties should be definitively collected. The amounts secured in excess of the definitive rate of anti-dumping duties should be released, |
| --- | --- |

(108)

In view of the magnitude of the dumping margins found and in the light of the level of the material injury caused to the Community Industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by Regulation (EC) No 538/2005, should be collected at the rate of the duty definitively imposed. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties should be definitively collected. The amounts secured in excess of the definitive rate of anti-dumping duties should be released,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN), and falling within CN codes ex 2933 69 80 and ex 3808 40 20 (TARIC codes 2933698070 and 3808402020), originating in the People’s Republic of China and the United States of America.

2.   The rate of the definitive anti-dumping duty applicable before duty, to the net free-at-Community-frontier price for products manufactured by the companies listed below shall be as follows:

| Country | Company | Anti-dumping duty rate | TARIC additional Code |
| --- | --- | --- | --- |
| PRC | Hebei Jiheng Chemical Co. Limited | 8,1  % | A604 |
| Puyang Cleanway Chemicals Limited | 7,3  % | A628 |
| Heze Huayi Chemical Co. Limited | 14,1  % | A629 |
| Zhucheng Taisheng Chemical Co. Limited | 40,5  % | A627 |
| All other companies | 42,6  % | A999 |
| USA | Biolab Inc. | 7,4  % | A594 |
| Clearon Inc. | 8,1  % | A596 |
| All other companies | 25,0  % | A999 |

Country

Company

Anti-dumping duty rate

TARIC additional Code

PRC

Hebei Jiheng Chemical Co. Limited

8,1  %

A604

Puyang Cleanway Chemicals Limited

7,3  %

A628

Heze Huayi Chemical Co. Limited

14,1  %

A629

Zhucheng Taisheng Chemical Co. Limited

40,5  %

A627

All other companies

42,6  %

A999

USA

Biolab Inc.

7,4  %

A594

Clearon Inc.

8,1  %

A596

All other companies

25,0  %

A999

3.   The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in the Annex. If no such invoice is presented, the duty rate applicable to all other companies shall apply.

4.   Unless otherwise specified, the provisions in force concerning customs duties shall apply.

Article 2

Amounts secured by way of provisional anti-dumping duty pursuant to Commission Regulation (EC) No 538/2005 on imports of trichloroisocyanuric acid and preparations thereof, also referred to as ‘symclosene’ under the international non-proprietary name (INN), and falling within CN codes ex 2933 69 80 and ex 3808 40 20 (TARIC codes 2933698070 and 3808402020), originating in the People’s Republic of China and the United States of America shall be definitely collected at the rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 3 October 2005.

For the Council

The President

D. ALEXANDER

---

(1)  
  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

1

(2)  
  OJ L 89, 8.4.2005, p. 4.

2

(3)  
  European Commission, Directorate-General for Trade, Direction B, Office J-79 5/16, B-1049 Brussels.

3

---

ANNEX

The valid commercial invoice referred to in Article 1(3) of this Regulation must include a declaration signed by an official of the company, in the following format:

| 1. | The name and function of the official of the company which has issued the commercial invoice. |
| --- | --- |

1.

The name and function of the official of the company which has issued the commercial invoice.

| 2. | The following declaration: ‘I, the undersigned, certify that the (volume) of trichloroisocyanuric acid sold for export to the European Community 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.’ |
| --- | --- |

2.

The following declaration: ‘I, the undersigned, certify that the (volume) of trichloroisocyanuric acid sold for export to the European Community 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.’

Date and signature.

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/13 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/13

---

COMMISSION REGULATION (EC) No 1632/2005

of 6 October 2005

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

1

---

ANNEX

to Commission Regulation of 6 October 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 47,4 |
| 096 | 34,2 |
| 999 | 40,8 |
| 0707 00 05 | 052 | 76,3 |
| 999 | 76,3 |
| 0709 90 70 | 052 | 101,8 |
| 999 | 101,8 |
| 0805 50 10 | 052 | 71,6 |
| 388 | 62,7 |
| 524 | 67,9 |
| 528 | 62,6 |
| 999 | 66,2 |
| 0806 10 10 | 052 | 86,2 |
| 388 | 79,9 |
| 624 | 163,0 |
| 999 | 109,7 |
| 0808 10 80 | 388 | 84,8 |
| 400 | 80,1 |
| 508 | 26,4 |
| 512 | 78,3 |
| 528 | 45,5 |
| 720 | 43,8 |
| 800 | 164,2 |
| 804 | 82,0 |
| 999 | 75,6 |
| 0808 20 50 | 052 | 90,8 |
| 388 | 58,4 |
| 720 | 84,3 |
| 999 | 77,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

47,4

096

34,2

999

40,8

0707 00 05

052

76,3

999

76,3

0709 90 70

052

101,8

999

101,8

0805 50 10

052

71,6

388

62,7

524

67,9

528

62,6

999

66,2

0806 10 10

052

86,2

388

79,9

624

163,0

999

109,7

0808 10 80

388

84,8

400

80,1

508

26,4

512

78,3

528

45,5

720

43,8

800

164,2

804

82,0

999

75,6

0808 20 50

052

90,8

388

58,4

720

84,3

999

77,8

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/15 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/15

---

COMMISSION REGULATION (EC) No 1633/2005

of 6 October 2005

altering the export refunds on white sugar and raw sugar exported in the natural state fixed by Regulation (EC) No 1591/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the third subparagraph of Article 27(5) thereof,

Whereas:

| (1) | The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1591/2005 (2). |
| --- | --- |

(1)

The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1591/2005 (2).

| (2) | Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 1591/2005 was adopted, those refunds should be adjusted, |
| --- | --- |

(2)

Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 1591/2005 was adopted, those refunds should be adjusted,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, as fixed in the Annex to Regulation (EC) No 1591/2005 are hereby altered to the amounts shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 254, 29.9.2005, p. 41.

2

---

ANNEX

AMENDED AMOUNTS OF REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING APPLICABLE FROM 7 OCTOBER 2005 (1)

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1701 11 90 9100 | S00 | EUR/100 kg | 34,44  (1) |
| 1701 11 90 9910 | S00 | EUR/100 kg | 33,82  (1) |
| 1701 12 90 9100 | S00 | EUR/100 kg | 34,44  (1) |
| 1701 12 90 9910 | S00 | EUR/100 kg | 33,82  (1) |
| 1701 91 00 9000 | S00 | EUR/1 % of sucrose × 100 kg product net | 0,3744 |
| 1701 99 10 9100 | S00 | EUR/100 kg | 37,44 |
| 1701 99 10 9910 | S00 | EUR/100 kg | 36,77 |
| 1701 99 10 9950 | S00 | EUR/100 kg | 36,77 |
| 1701 99 90 9100 | S00 | EUR/1 % of sucrose × 100 kg of net product | 0,3744 |
| NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
  The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).
  The other destinations are:







  S00 | : | all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo, as defined in UN Security Council Resolution No 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, save for sugar incorporated in the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29). |

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 9100

S00

EUR/100 kg

34,44  (1)

1701 11 90 9910

S00

EUR/100 kg

33,82  (1)

1701 12 90 9100

S00

EUR/100 kg

34,44  (1)

1701 12 90 9910

S00

EUR/100 kg

33,82  (1)

1701 91 00 9000

S00

EUR/1 % of sucrose × 100 kg product net

0,3744

1701 99 10 9100

S00

EUR/100 kg

37,44

1701 99 10 9910

S00

EUR/100 kg

36,77

1701 99 10 9950

S00

EUR/100 kg

36,77

1701 99 90 9100

S00

EUR/1 % of sucrose × 100 kg of net product

0,3744

NB: The product codes and the ‘A ’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are:

S00

:

all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo, as defined in UN Security Council Resolution No 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, save for sugar incorporated in the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).

---

(1)  The amounts set out in this Annex are not applicable with effect from 1 February 2005 pusrsuant to Council Decision 2005/45/EC of 22 December 2004 concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (OJ L 23, 26.1.2005, p. 17).

(1)  This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 %, the refund amount applicable shall be calculated in accordance with Article 28(4) of Regulation (EC) No 1260/2001.

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/17 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/17

---

COMMISSION REGULATION (EC) No 1634/2005

of 6 October 2005

fixing the maximum export refund for white sugar to certain third countries for the 8th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1138/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 1138/2005 of 15 July 2005 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2005/2006 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

| (2) | Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. |
| --- | --- |

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1138/2005 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the 8th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1138/2005 the maximum amount of the export refund shall be 40,171 EUR/100 kg.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 185, 16.7.2005, p. 3.

2

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/18 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/18

---

COMMISSION REGULATION (EC) No 1635/2005

of 6 October 2005

establishing a prohibition of fishing for herring in sub-divisions 22 to 24 by vessels flying the flag of Poland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005. |
| --- | --- |

(1)

Council Regulation (EC) No 27/2005 of 22 December 2004 fixing for 2005 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2005.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2005.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2005 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Jörgen HOLMQUIST

Director-General for Fisheries and Maritime Affairs

---

(1)  
  OJ L 358, 31.12.2002, p. 59.

1

(2)  
  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

2

(3)  
  OJ L 12, 14.1.2005, p. 1. Regulation as last amended by Regulation (EC) No 1300/2005 (OJ L 207, 10.8.2005, p. 1).

3

---

ANNEX

| Member State | Poland |
| --- | --- |
| Stock | HER/3B23.; HER/3C22.; HER/3D24. |
| Species | Herring (Clupea harengus) |
| Zone | Sub-divisions 22-24 |
| Date | 23 September 2005 |

Member State

Poland

Stock

HER/3B23.; HER/3C22.; HER/3D24.

Species

Herring (Clupea harengus)

Zone

Sub-divisions 22-24

Date

23 September 2005

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/20 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/20

---

COMMISSION REGULATION (EC) No 1636/2005

of 6 October 2005

amending, for the seventh time, Council Regulation (EC) No 1763/2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1763/2004 of 11 October 2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (1), and in particular Article 10(a) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 1763/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 1763/2004 lists the persons covered by the freezing of funds and economic resources under that Regulation.

| (2) | The Commission is empowered to amend that Annex, taking into account Council Decisions implementing Common Position 2004/694/CFSP of the Council of 11 October 2004 on further measures in support of the effective implementation of the mandate of ICTY (2). Council Common Position 2005/689/CFSP (3) extends and implements that Common Position. Annex I to Regulation (EC) No 1763/2004 should, therefore, be amended accordingly, |
| --- | --- |

(2)

The Commission is empowered to amend that Annex, taking into account Council Decisions implementing Common Position 2004/694/CFSP of the Council of 11 October 2004 on further measures in support of the effective implementation of the mandate of ICTY (2). Council Common Position 2005/689/CFSP (3) extends and implements that Common Position. Annex I to Regulation (EC) No 1763/2004 should, therefore, be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1763/2004 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Eneko LANDÁBURU

Director-General for External Relations

---

(1)  
  OJ L 315, 14.10.2004, p. 14. Regulation as last amended by Commission Regulation (EC) No 1208/2005 (OJ L 197, 28.7.2005, p. 19).

1

(2)  
  OJ L 315, 14.10.2004, p. 52.

2

(3)  See page 29 of this Official Journal.

3

---

ANNEX

Annex I to Regulation (EC) No 1763/2004:

The following person shall be removed:

‘LUKIC, Sredoje. Date of birth: 5.4.1961. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.’.

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/22 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/22

---

COMMISSION REGULATION (EC) No 1637/2005

of 6 October 2005

on the issuing of export licences for wine-sector products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 883/2001 of 24 April 2001, laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector (1), and in particular Article 7 and Article 9(3) thereof,

Whereas:

| (1) | Article 63(7) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2), limits the grant of export refunds for wine-sector products to the volumes and expenditure contained in the Agreement on Agriculture concluded during the Uruguay Round multilateral trade negotiations. |
| --- | --- |

(1)

Article 63(7) of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (2), limits the grant of export refunds for wine-sector products to the volumes and expenditure contained in the Agreement on Agriculture concluded during the Uruguay Round multilateral trade negotiations.

| (2) | Article 9 of Regulation (EC) No 883/2001 lays down the conditions under which the Commission may take specific measures to prevent an overrun of the quantity laid down or the budget available under the said Agreement. |
| --- | --- |

(2)

Article 9 of Regulation (EC) No 883/2001 lays down the conditions under which the Commission may take specific measures to prevent an overrun of the quantity laid down or the budget available under the said Agreement.

| (3) | On the basis of information on export licence applications available to the Commission on 5 October 2005, the quantity still available for the period until 15 November 2005, for destination zone (1) Africa, referred to in Article 9(5) of Regulation (EC) No 883/2001, could be exceeded unless the issue of export licences with advance fixing of the refund is restricted. Therefore, a single percentage for the acceptance of applications submitted from 28 September to 4 October 2005 should be applied and the submission of applications and the issue of licences suspended for this zone until 16 November 2005, |
| --- | --- |

(3)

On the basis of information on export licence applications available to the Commission on 5 October 2005, the quantity still available for the period until 15 November 2005, for destination zone (1) Africa, referred to in Article 9(5) of Regulation (EC) No 883/2001, could be exceeded unless the issue of export licences with advance fixing of the refund is restricted. Therefore, a single percentage for the acceptance of applications submitted from 28 September to 4 October 2005 should be applied and the submission of applications and the issue of licences suspended for this zone until 16 November 2005,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export licences with advance fixing of the refund for wine-sector products for which applications are submitted from 28 September to 4 October 2005 under Regulation (EC) No 883/2001 shall be issued in concurrence with 37,61 % of the quantities requested for zone (1) Africa.

2.   The issue of export licences for wine-sector products referred to in paragraph 1 for which applications are submitted from 5 October 2005 and the submission of export licence applications from 7 October 2005 for destination zone (1) Africa shall be suspended until 16 November 2005.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 128, 10.5.2001, p. 1. Regulation as last amended by Regulation (EC) No 908/2004 (OJ L 163, 30.4.2004, p. 56).

1

(2)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1188/2005 (OJ L 193, 23.7.2005, p. 24).

2

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/23 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/23

---

COMMISSION REGULATION (EC) No 1638/2005

of 6 October 2005

fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EC) No 1784/2003 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund.

| (2) | The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2). |
| --- | --- |

(2)

The refunds must be fixed taking into account the factors referred to in Article 1 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2).

| (3) | As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95. |
| --- | --- |

(3)

As far as wheat and rye flour, groats and meal are concerned, when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture. These quantities were fixed in Regulation (EC) No 1501/95.

| (4) | The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination. |
| --- | --- |

(4)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

| (5) | The refund must be fixed once a month. It may be altered in the intervening period. |
| --- | --- |

(5)

The refund must be fixed once a month. It may be altered in the intervening period.

| (6) | It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto. |
| --- | --- |

(6)

It follows from applying the detailed rules set out above to the present situation on the market in cereals, and in particular to quotations or prices for these products within the Community and on the world market, that the refunds should be as set out in the Annex hereto.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(a), (b) and (c) of Regulation (EC) No 1784/2003, excluding malt, exported in the natural state, shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78.

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

2

---

ANNEX

to the Commission Regulation of 6 October 2005 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

| Product code | Destination | Unit of measurement | Amount of refunds |
| --- | --- | --- | --- |
| 1001 10 00 9200 | — | EUR/t | — |
| 1001 10 00 9400 | A00 | EUR/t | 0 |
| 1001 90 91 9000 | — | EUR/t | — |
| 1001 90 99 9000 | A00 | EUR/t | 0 |
| 1002 00 00 9000 | A00 | EUR/t | 0 |
| 1003 00 10 9000 | — | EUR/t | — |
| 1003 00 90 9000 | A00 | EUR/t | 0 |
| 1004 00 00 9200 | — | EUR/t | — |
| 1004 00 00 9400 | A00 | EUR/t | 0 |
| 1005 10 90 9000 | — | EUR/t | — |
| 1005 90 00 9000 | A00 | EUR/t | 0 |
| 1007 00 90 9000 | — | EUR/t | — |
| 1008 20 00 9000 | — | EUR/t | — |
| 1101 00 11 9000 | — | EUR/t | — |
| 1101 00 15 9100 | C01 | EUR/t | 10,96 |
| 1101 00 15 9130 | C01 | EUR/t | 10,24 |
| 1101 00 15 9150 | C01 | EUR/t | 9,44 |
| 1101 00 15 9170 | C01 | EUR/t | 8,72 |
| 1101 00 15 9180 | C01 | EUR/t | 8,16 |
| 1101 00 15 9190 | — | EUR/t | — |
| 1101 00 90 9000 | — | EUR/t | — |
| 1102 10 00 9500 | A00 | EUR/t | 0 |
| 1102 10 00 9700 | A00 | EUR/t | 0 |
| 1102 10 00 9900 | — | EUR/t | — |
| 1103 11 10 9200 | A00 | EUR/t | 0 |
| 1103 11 10 9400 | A00 | EUR/t | 0 |
| 1103 11 10 9900 | — | EUR/t | — |
| 1103 11 90 9200 | A00 | EUR/t | 0 |
| 1103 11 90 9800 | — | EUR/t | — |
| NB: The product codes and the ‘A ’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.







  C01 | : | All third countries with the exception of Albania, Bulgaria, Romania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro, the former Yugoslav Republic of Macedonia, Lichtenstein and Switzerland. |

Product code

Destination

Unit of measurement

Amount of refunds

1001 10 00 9200

—

EUR/t

—

1001 10 00 9400

A00

EUR/t

0

1001 90 91 9000

—

EUR/t

—

1001 90 99 9000

A00

EUR/t

0

1002 00 00 9000

A00

EUR/t

0

1003 00 10 9000

—

EUR/t

—

1003 00 90 9000

A00

EUR/t

0

1004 00 00 9200

—

EUR/t

—

1004 00 00 9400

A00

EUR/t

0

1005 10 90 9000

—

EUR/t

—

1005 90 00 9000

A00

EUR/t

0

1007 00 90 9000

—

EUR/t

—

1008 20 00 9000

—

EUR/t

—

1101 00 11 9000

—

EUR/t

—

1101 00 15 9100

C01

EUR/t

10,96

1101 00 15 9130

C01

EUR/t

10,24

1101 00 15 9150

C01

EUR/t

9,44

1101 00 15 9170

C01

EUR/t

8,72

1101 00 15 9180

C01

EUR/t

8,16

1101 00 15 9190

—

EUR/t

—

1101 00 90 9000

—

EUR/t

—

1102 10 00 9500

A00

EUR/t

0

1102 10 00 9700

A00

EUR/t

0

1102 10 00 9900

—

EUR/t

—

1103 11 10 9200

A00

EUR/t

0

1103 11 10 9400

A00

EUR/t

0

1103 11 10 9900

—

EUR/t

—

1103 11 90 9200

A00

EUR/t

0

1103 11 90 9800

—

EUR/t

—

NB: The product codes and the ‘A ’ series destination codes are set out in the Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.

C01

:

All third countries with the exception of Albania, Bulgaria, Romania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro, the former Yugoslav Republic of Macedonia, Lichtenstein and Switzerland.

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| 7.10.2005 | EN | Official Journal of the European Union | L 261/25 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/25

---

COMMISSION REGULATION (EC) No 1639/2005

of 6 October 2005

concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2).

| (2) | Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof, |
| --- | --- |

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

| (3) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 30 September to 6 October 2005 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 1058/2005.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 174, 7.7.2005, p. 12.

2

(3)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

---

| 7.10.2005 | EN | Official Journal of the European Union | L 261/26 |
| --- | --- | --- | --- |

7.10.2005

EN

Official Journal of the European Union

L 261/26

---

COMMISSION REGULATION (EC) No 1640/2005

of 6 October 2005

fixing the maximum export refund on oats in connection with the invitation to tender issued in Regulation (EC) No 1438/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 7 thereof,

Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2), and in particular Article 7 thereof,

Having regard to Commission Regulation (EC) No 1438/2005 of 2 September 2005 on a special intervention measure for oats in Finland and Sweden for the 2005/2006 marketing year (3),

Whereas:

| (1) | An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1438/2005. |
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(1)

An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland or Sweden to all third countries with the exception of Bulgaria, Norway, Romania and Switzerland was opened pursuant to Regulation (EC) No 1438/2005.

| (2) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed. |
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(2)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should be fixed.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
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(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 30 September to 6 October 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1438/2005, the maximum refund on exportation of oats shall be 23,89 EUR/t.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

2

(3)  
  OJ L 228, 3.9.2005, p. 5.

3

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COMMISSION REGULATION (EC) No 1641/2005

of 6 October 2005

fixing the maximum export refund on common wheat in connection with the invitation to tender issued in Regulation (EC) No 1059/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 1059/2005 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 1059/2005 (2).

| (2) | In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund. |
| --- | --- |

(2)

In accordance with Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), the Commission may, on the basis of the tenders notified, decide to fix a maximum export refund taking account of the criteria referred to in Article 1 of Regulation (EC) No 1501/95. In that case a contract is awarded to any tenderer whose bid is equal to or lower than the maximum refund.

| (3) | The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed. |
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(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum export refund being fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified from 30 September to 6 October 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1059/2005, the maximum refund on exportation of common wheat shall be 8,00 EUR/t.

Article 2

This Regulation shall enter into force on 7 October 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 October 2005.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

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(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 174, 7.7.2005, p. 15.

2

(3)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

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II Acts whose publication is not obligatory

Council

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COUNCIL DECISION

of 3 October 2005

appointing an alternate member of the Committee of the Regions

(2005/688/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Netherlands Government,

Whereas:

| (1) | On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1). |
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(1)

On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

| (2) | A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr G.B.M. LEERS, |
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(2)

A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr G.B.M. LEERS,

HAS DECIDED AS FOLLOWS:

Article 1

Mr C.H.J. LAMERS,

Burgemeester van Houten,

is hereby appointed an alternate member of the Committee of the Regions in place of Mr G.B.M. LEERS for the remainder of the latter’s term of office, which runs until 25 January 2006.

Article 2

This Decision shall be published in the Official Journal of the European Union.

It shall take effect on the date of its adoption.

Done at Luxembourg, 3 October 2005.

For the Council

The President

D. ALEXANDER

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(1)  
  OJ L 24, 26.1.2002, p. 38.

1

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Acts adopted under Title V of the Treaty on European Union

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COUNCIL COMMON POSITION 2005/689/CFSP

of 6 October 2005

extending Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | On 11 October 2004, the Council adopted Common Position 2004/694/CFSP (1), in order to freeze all funds and economic resources belonging to Radovan KARADZIC, Ratko MLADIC and Ante GOTOVINA. By Council Decision 2004/767/CFSP (2), these measures were extended to all persons publicly indicted by the ICTY for war crimes who are not in custody of the Tribunal. |
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(1)

On 11 October 2004, the Council adopted Common Position 2004/694/CFSP (1), in order to freeze all funds and economic resources belonging to Radovan KARADZIC, Ratko MLADIC and Ante GOTOVINA. By Council Decision 2004/767/CFSP (2), these measures were extended to all persons publicly indicted by the ICTY for war crimes who are not in custody of the Tribunal.

| (2) | Common Position 2004/694/CFSP applies until 11 October 2005. |
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(2)

Common Position 2004/694/CFSP applies until 11 October 2005.

| (3) | The Council considers it necessary to renew Common Position 2004/694/CFSP for another 12 months. The list contained in the Annex to that Common Position should be updated. |
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(3)

The Council considers it necessary to renew Common Position 2004/694/CFSP for another 12 months. The list contained in the Annex to that Common Position should be updated.

| (4) | Following the transfer of Mr Sredoje LUKIC to ICTY detention units, his name should be removed from the list contained in the Annex to that Common Position. |
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(4)

Following the transfer of Mr Sredoje LUKIC to ICTY detention units, his name should be removed from the list contained in the Annex to that Common Position.

| (5) | Action by the Community is needed in order to implement these measures, |
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(5)

Action by the Community is needed in order to implement these measures,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2004/694/CFSP is hereby extended for a further period of 12 months.

Article 2

The list set out in the Annex to Common Position 2004/694/CFSP shall be replaced by the list set out in the Annex to this Common Position.

Article 3

This Common Position shall take effect on 11 October 2005. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 6 October 2005.

For the Council

The President

A. DARLING

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(1)  
  OJ L 315, 14.10.2004, p. 52. Common Position as last amended by Decision 2005/426/CFSP (OJ L 144, 8.6.2005, p. 52).

1

(2)  
  OJ L 339, 16.11.2004, p. 16.

2

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ANNEX

‘Name: DJORDJEVIC Vlastimir

Date of birth: 1948

Place of birth: Vladicin Han, Serbia and Montenegro

Nationality: Serbia and Montenegro

Name: GOTOVINA Ante

Date of birth: 12.10.1955

Place of birth: Island of Pasman, Municipality of Zadar, Republic of Croatia

Nationality: Croatian — French

Name: HADZIC Goran

Date of birth: 7.9.1958

Place of birth: Vinkovci, Republic of Croatia

Nationality: Serbia and Montenegro

Name: KARADZIC Radovan

Date of birth: 19.6.1945

Place of birth: Petnjica, Savnik, Montenegro, Serbia and Montenegro

Nationality: Bosnia and Herzegovina

Name: LUKIC Milan

Date of birth: 6.9.1967

Place of birth: Visegrad, Bosnia and Herzegovina

Nationality: Bosnia and Herzegovina

Possibly Serbia and Montenegro

Name: MLADIC Ratko

Date of birth: 12.3.1942

Place of birth: Bozanovici, Municipality of Kalinovik, Bosnia and Herzegovina

Nationality: Bosnia and Herzegovina

Possibly Serbia and Montenegro

Name: TOLIMIR Zdravko

Date of birth: 27.11.1948

Place of birth:

Nationality: Bosnia and Herzegovina

Name: ZELENOVIC Dragan

Date of birth: 12.2.1961

Place of birth: Foca, Bosnia and Herzegovina

Nationality: Bosnia and Herzegovina

Name: ZUPLJANIN Stojan

Date of birth: 22.9.1951

Place of birth: Kotor Varos, Bosnia and Herzegovina

Nationality: Bosnia and Herzegovina’

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