# Official Journal L 244/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.244.eng |
| --- | --- |
| Official Journal
  of the European Union | L 244 |
| | |
| English edition | Legislation | Volume 5613 September 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.244.eng

Official Journal

of the European Union

L 244

English edition

Legislation

Volume 5613 September 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Implementing Regulation (EU) No 875/2013 of 2 September 2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 | 1 |
| | * | Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on colleges for central counterparties (
  1
  ) | 19 |
| | * | Commission Delegated Regulation (EU) No 877/2013 of 27 June 2013 supplementing Regulation (EU) No 473/2013 of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area | 23 |
| | | Commission Implementing Regulation (EU) No 878/2013 of 12 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 32 |
| | | DECISIONS |
| | | 2013/453/EU |
| | * | Commission Implementing Decision of 11 September 2013 amending Implementing Decision 2013/443/EU concerning certain protective measures in relation to highly pathogenic avian influenza of the subtype H7N7 in Italy
  (notified under document C(2013) 5904)

   (
  1
  ) | 34 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Implementing Regulation (EU) No 875/2013 of 2 September 2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

1

*

Commission Delegated Regulation (EU) No 876/2013 of 28 May 2013 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on colleges for central counterparties (
  1
  )

1

19

*

Commission Delegated Regulation (EU) No 877/2013 of 27 June 2013 supplementing Regulation (EU) No 473/2013 of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area

23

Commission Implementing Regulation (EU) No 878/2013 of 12 September 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

32

DECISIONS

2013/453/EU

*

Commission Implementing Decision of 11 September 2013 amending Implementing Decision 2013/443/EU concerning certain protective measures in relation to highly pathogenic avian influenza of the subtype H7N7 in Italy
  (notified under document C(2013) 5904)

   (
  1
  )

(notified under document C(2013) 5904)

1

34

| | | |
| --- | --- | --- |
| | * | Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover) | s3 |
| | * | Note to readers — way of referring to acts (see page 3 of the cover) | s3 |

*

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union
  (see page 3 of the cover)

Notice to readers — Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

s3

*

Note to readers — way of referring to acts (see page 3 of the cover)

Note to readers — way of referring to acts

s3

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| 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. |
| --- | --- |

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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II Non-legislative acts

REGULATIONS

| 13.9.2013 | EN | Official Journal of the European Union | L 244/1 |
| --- | --- | --- | --- |

13.9.2013

EN

Official Journal of the European Union

L 244/1

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COUNCIL IMPLEMENTING REGULATION (EU) No 875/2013

of 2 September 2013

imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 291(2) thereof,

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (‘the basic Regulation’) and in particular Articles 9 and 11(2) thereof,

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

Whereas:

A.   PROCEDURE

PROCEDURE

1.   Measures in force

Measures in force

| (1) | The Council, following an anti-dumping investigation (‘the original investigation’), imposed, by means of Regulation (EC) No 682/2007 (2), a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels currently falling within CN codes ex 2001 90 30 and ex 2005 80 00 originating in Thailand (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty ranging between 3,1 % and 12,9 %. |
| --- | --- |

(1)

The Council, following an anti-dumping investigation (‘the original investigation’), imposed, by means of Regulation (EC) No 682/2007 (2), a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels currently falling within CN codes ex 2001 90 30 and ex 2005 80 00 originating in Thailand (‘the definitive anti-dumping measures’). The measures took the form of an ad valorem duty ranging between 3,1 % and 12,9 %.

2

ad valorem

| (2) | Regulation (EC) No 954/2008 (3) amended Regulation (EC) No 682/2007 with regard to the rate of duty imposed on one company and on ‘all other companies’. The amended duties range between 3,1 % and 14,3 %. Imports from two Thai exporting producers from whom undertakings had been accepted by Commission Decision 2007/424/EC (4) were exempted from the duty. |
| --- | --- |

(2)

Regulation (EC) No 954/2008 (3) amended Regulation (EC) No 682/2007 with regard to the rate of duty imposed on one company and on ‘all other companies’. The amended duties range between 3,1 % and 14,3 %. Imports from two Thai exporting producers from whom undertakings had been accepted by Commission Decision 2007/424/EC (4) were exempted from the duty.

3

4

| (3) | The Council, by Regulation (EC) No 847/2009 (5), considered that price undertakings with fixed minimum import prices were no longer appropriate to counteract the injurious effect of dumping. Consequently, the accepted undertakings were withdrawn and the undertaking offers by 10 other Thai exporting producers were rejected. |
| --- | --- |

(3)

The Council, by Regulation (EC) No 847/2009 (5), considered that price undertakings with fixed minimum import prices were no longer appropriate to counteract the injurious effect of dumping. Consequently, the accepted undertakings were withdrawn and the undertaking offers by 10 other Thai exporting producers were rejected.

5

2.   Request for an expiry review

Request for an expiry review

| (4) | Following the publication of a notice of impending expiry (6) of the definitive anti-dumping measures in force, the Commission received on 19 March 2012 a request for the initiation of an expiry review of those measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by the Association Européenne des Transformateurs de Maïs Doux (AETMD) (‘the complainant’) on behalf of producers representing a major proportion of the total Union production of prepared or preserved sweetcorn — in this case more than 50 %. |
| --- | --- |

(4)

Following the publication of a notice of impending expiry (6) of the definitive anti-dumping measures in force, the Commission received on 19 March 2012 a request for the initiation of an expiry review of those measures pursuant to Article 11(2) of the basic Regulation. The request was lodged by the Association Européenne des Transformateurs de Maïs Doux (AETMD) (‘the complainant’) on behalf of producers representing a major proportion of the total Union production of prepared or preserved sweetcorn — in this case more than 50 %.

6

| (5) | The request was based on the grounds that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury to the Union industry. |
| --- | --- |

(5)

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

3.   Initiation of an expiry review

Initiation of an expiry review

| (6) | Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced, on 19 June 2012, by a notice published in the Official Journal of the European Union (7) (‘the notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation. |
| --- | --- |

(6)

Having determined, after consulting the Advisory Committee, that sufficient evidence existed for the initiation of an expiry review, the Commission announced, on 19 June 2012, by a notice published in the Official Journal of the European Union (7) (‘the notice of initiation’), the initiation of an expiry review pursuant to Article 11(2) of the basic Regulation.

Official Journal of the European Union

7

4.   Investigation

Investigation

4.1.   Review investigation period and period considered

Review investigation period and period considered

| (7) | The investigation of a continuation of dumping covered the period from 1 April 2011 to 31 March 2012 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a continuation of injury covered the period from 1 January 2008 to the end of the review investigation period (‘the period considered’). |
| --- | --- |

(7)

The investigation of a continuation of dumping covered the period from 1 April 2011 to 31 March 2012 (‘the review investigation period’ or ‘RIP’). The examination of the trends relevant for the assessment of the likelihood of a continuation of injury covered the period from 1 January 2008 to the end of the review investigation period (‘the period considered’).

4.2.   Parties concerned by the proceedings

Parties concerned by the proceedings

| (8) | The Commission officially advised the applicants, the other known Union producers, the exporting producers in Thailand, the unrelated importers, the users known to be concerned, and the representatives of the exporting country, of the initiation of the expiry review. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation. |
| --- | --- |

(8)

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

| (9) | All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
| --- | --- |

(9)

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

| (10) | In view of the apparent large number of exporting producers in Thailand and unrelated importers in the Union involved in the investigation, sampling was envisaged in the notice of initiation, in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, the above-mentioned parties were requested to make themselves known to the Commission within 15 days of the initiation of the review and to provide the Commission with the information requested in the notice of initiation. |
| --- | --- |

(10)

In view of the apparent large number of exporting producers in Thailand and unrelated importers in the Union involved in the investigation, sampling was envisaged in the notice of initiation, in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, the above-mentioned parties were requested to make themselves known to the Commission within 15 days of the initiation of the review and to provide the Commission with the information requested in the notice of initiation.

| (11) | As regard to the selection of the sample of the exporting producers in Thailand, the Commission received complete information from 17 exporting producers, out of which 9 had exports to the Union during the RIP. It was decided to select a sample of 3 exporting producers whose combined exports represented 90 % of the total quantities exported to the Union by the cooperating exporting producers during the RIP. |
| --- | --- |

(11)

As regard to the selection of the sample of the exporting producers in Thailand, the Commission received complete information from 17 exporting producers, out of which 9 had exports to the Union during the RIP. It was decided to select a sample of 3 exporting producers whose combined exports represented 90 % of the total quantities exported to the Union by the cooperating exporting producers during the RIP.

| (12) | Given that only one reply has been received from an unrelated importer, sampling was not applied to unrelated importers. |
| --- | --- |

(12)

Given that only one reply has been received from an unrelated importer, sampling was not applied to unrelated importers.

| (13) | In view of the large number of Union producers involved in these proceedings, the notice of initiation announced that the Commission had provisionally selected a sample of Union producers for the determination of injury in accordance with Article 17 of the basic Regulation. That pre-selection had been made by using the information available to the Commission at initiation stage and was based on the producers’ sales volume, production volume and geographical location in the Union. The proposed sample corresponds to the largest representative volume of production which could be reasonably investigated within the time available, representing 58 % of the total production of the Union industry. In addition, the proposed sample is representative in terms of geographical location of the companies as it covers three different Member States. Union producers have been consulted about the proposed sample on the date of publication of the notice of initiation. Given that no additional producers came forward and no comments were received on the sample, the proposed sample has been confirmed. |
| --- | --- |

(13)

In view of the large number of Union producers involved in these proceedings, the notice of initiation announced that the Commission had provisionally selected a sample of Union producers for the determination of injury in accordance with Article 17 of the basic Regulation. That pre-selection had been made by using the information available to the Commission at initiation stage and was based on the producers’ sales volume, production volume and geographical location in the Union. The proposed sample corresponds to the largest representative volume of production which could be reasonably investigated within the time available, representing 58 % of the total production of the Union industry. In addition, the proposed sample is representative in terms of geographical location of the companies as it covers three different Member States. Union producers have been consulted about the proposed sample on the date of publication of the notice of initiation. Given that no additional producers came forward and no comments were received on the sample, the proposed sample has been confirmed.

| (14) | Two interested parties claimed that the sample of Union producers has only been selected among applicants and that an effort should have been made to sample producers outside the group of applicants. |
| --- | --- |

(14)

Two interested parties claimed that the sample of Union producers has only been selected among applicants and that an effort should have been made to sample producers outside the group of applicants.

| (15) | However, all known Union producers, both applicants as well as non-applicants, have been invited to cooperate. Ten Union producers, both applicants and non-applicants, have submitted sampling information. As explained in recital 13, the selected sample corresponds to the largest representative volume of production which could be reasonably investigated within the time available, representing 58 % of the total production of the Union industry. The Commission considers that the selected sample is representative in terms of geographical location, irrespective of whether the producers are applicants or not. Therefore, the claim is rejected. |
| --- | --- |

(15)

However, all known Union producers, both applicants as well as non-applicants, have been invited to cooperate. Ten Union producers, both applicants and non-applicants, have submitted sampling information. As explained in recital 13, the selected sample corresponds to the largest representative volume of production which could be reasonably investigated within the time available, representing 58 % of the total production of the Union industry. The Commission considers that the selected sample is representative in terms of geographical location, irrespective of whether the producers are applicants or not. Therefore, the claim is rejected.

| (16) | The Commission sought and verified all the information deemed necessary for a determination of the likelihood of continuation or recurrence of dumping, resulting injury and of the Union interest. To this end, the Commission sent questionnaires to the exporting producers and Union producers selected in the sample and to the unrelated importer. Verification visits were carried out at the premises of the following companies:






  (a) | Producers in the Union:






  — | Bonduelle Conserve International SAS, Renescure, France |
| --- | --- | --- | --- |

(16)

The Commission sought and verified all the information deemed necessary for a determination of the likelihood of continuation or recurrence of dumping, resulting injury and of the Union interest. To this end, the Commission sent questionnaires to the exporting producers and Union producers selected in the sample and to the unrelated importer. Verification visits were carried out at the premises of the following companies:

(a)

Producers in the Union:

—

Bonduelle Conserve International SAS, Renescure, France

| — | Compagnie Générale de Conserve France SA, Theix, France |
| --- | --- |

—

Compagnie Générale de Conserve France SA, Theix, France

| — | Compagnie Générale de Conserve Hungary, Debrecen, Hungary |
| --- | --- |

—

Compagnie Générale de Conserve Hungary, Debrecen, Hungary

| — | Conserve Italia SCA, San Lazzaro di Savena, Italy; |
| --- | --- |

—

Conserve Italia SCA, San Lazzaro di Savena, Italy;

| (b) | Exporting producers in Thailand:






  — | Agri Sol., Ltd, Pathumthani City |
| --- | --- | --- |

(b)

Exporting producers in Thailand:

—

Agri Sol., Ltd, Pathumthani City

| — | Lampang Food Products co, Ltd, Bangkok |
| --- | --- |

—

Lampang Food Products co, Ltd, Bangkok

| — | Sun Sweet Co., Ltd, Chiang Mai City. |
| --- | --- |

—

Sun Sweet Co., Ltd, Chiang Mai City.

| (17) | All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. |
| --- | --- |

(17)

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

B.   PRODUCT CONCERNED AND LIKE PRODUCT

PRODUCT CONCERNED AND LIKE PRODUCT

1.   Product concerned

Product concerned

| (18) | The product concerned is sweetcorn (Zea mays var. saccharata) in kernels, prepared or preserved by vinegar or acetic acid, not frozen, currently falling within CN code ex 2001 90 30, and sweetcorn (Zea mays var. saccharata) in kernels prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, currently falling within CN code ex 2005 80 00, originating in Thailand. |
| --- | --- |

(18)

The product concerned is sweetcorn (Zea mays var. saccharata) in kernels, prepared or preserved by vinegar or acetic acid, not frozen, currently falling within CN code ex 2001 90 30, and sweetcorn (Zea mays var. saccharata) in kernels prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, currently falling within CN code ex 2005 80 00, originating in Thailand.

Zea mays var. saccharata

Zea mays var. saccharata

| (19) | The investigation has shown that, despite differences in the preservations, the different types of the product concerned all share the same basic biological and chemical characteristics and are basically used for the same purposes. |
| --- | --- |

(19)

The investigation has shown that, despite differences in the preservations, the different types of the product concerned all share the same basic biological and chemical characteristics and are basically used for the same purposes.

| (20) | Two interested parties claimed that the CN codes for sweet corn do not only represent the product concerned, but include considerable quantities of canned babycorn which is not produced in the Union and which is not the like product. They suggested that the Commission include babycorn it its data. |
| --- | --- |

(20)

Two interested parties claimed that the CN codes for sweet corn do not only represent the product concerned, but include considerable quantities of canned babycorn which is not produced in the Union and which is not the like product. They suggested that the Commission include babycorn it its data.

| (21) | However, the investigation focused exclusively on the product under measures, which excludes babycorn, by using corresponding TARIC codes as a basis for analysis. Therefore, the claim is rejected as factually incorrect. |
| --- | --- |

(21)

However, the investigation focused exclusively on the product under measures, which excludes babycorn, by using corresponding TARIC codes as a basis for analysis. Therefore, the claim is rejected as factually incorrect.

2.   Like product

Like product

| (22) | The sweetcorn produced and sold in the Union by the Union industry and the sweetcorn produced and sold in Thailand was found to have essentially the same physical and chemical characteristics and the same basic uses as the sweetcorn produced in Thailand and sold for export to the Union. They are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(22)

The sweetcorn produced and sold in the Union by the Union industry and the sweetcorn produced and sold in Thailand was found to have essentially the same physical and chemical characteristics and the same basic uses as the sweetcorn produced in Thailand and sold for export to the Union. They are therefore considered to be alike within the meaning of Article 1(4) of the basic Regulation.

C.   LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING

| (23) | In accordance with Article 11(2) of the basic Regulation, it was examined whether the expiry of the existing measures would be likely to lead to a continuation or recurrence of dumping. |
| --- | --- |

(23)

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

1.   Preliminary remarks

Preliminary remarks

| (24) | As stated in recital 10, in view of the potentially large number of exporting producers which expressed their willingness to cooperate, sampling was foreseen in the notice of initiation. A sample of three exporting producers, representing approximately 90 % of total exports among the exporting producers that expressed their willingness to cooperate, was selected for the determination of the likelihood of a continuation or recurrence of dumping. |
| --- | --- |

(24)

As stated in recital 10, in view of the potentially large number of exporting producers which expressed their willingness to cooperate, sampling was foreseen in the notice of initiation. A sample of three exporting producers, representing approximately 90 % of total exports among the exporting producers that expressed their willingness to cooperate, was selected for the determination of the likelihood of a continuation or recurrence of dumping.

| (25) | As the combined export quantities of the three sampled exporting producers accounted for approximately 25 % of all exports from Thailand to the Union during the RIP, information from other sources such as the request for the review and available trade statistics on exports (from the Thai Customs) and on imports (from Eurostat) had to be used in order to assess the likelihood of a continuation or recurrence of dumping. |
| --- | --- |

(25)

As the combined export quantities of the three sampled exporting producers accounted for approximately 25 % of all exports from Thailand to the Union during the RIP, information from other sources such as the request for the review and available trade statistics on exports (from the Thai Customs) and on imports (from Eurostat) had to be used in order to assess the likelihood of a continuation or recurrence of dumping.

| (26) | Sales to traders in Thailand, where the goods were destined for unknown export destinations, have not been included in the determination of the dumping margin. |
| --- | --- |

(26)

Sales to traders in Thailand, where the goods were destined for unknown export destinations, have not been included in the determination of the dumping margin.

| (27) | As in the original investigation, it has been found that certain exporting producers source part of their sales of the product concerned from external suppliers. For the purpose of the investigation, sales of the product concerned which have not been manufactured by the exporting producers themselves have not been taken into account when determining their respective dumping margins. |
| --- | --- |

(27)

As in the original investigation, it has been found that certain exporting producers source part of their sales of the product concerned from external suppliers. For the purpose of the investigation, sales of the product concerned which have not been manufactured by the exporting producers themselves have not been taken into account when determining their respective dumping margins.

2.   Dumping of imports during the RIP

Dumping of imports during the RIP

2.1.   Determination of the Normal Value

Determination of the Normal Value

| (28) | In accordance with the first sentence of Article 2(2), of the basic Regulation, for the determination of normal value, it was first established, for each of the three exporting producers, whether their total domestic sales of the like product during the RIP were representative in comparison to their total export sales to the Union, i.e. if sales volumes of the like product intended for domestic consumption represented 5 % or more of their exports of the product concerned to the Union. |
| --- | --- |

(28)

In accordance with the first sentence of Article 2(2), of the basic Regulation, for the determination of normal value, it was first established, for each of the three exporting producers, whether their total domestic sales of the like product during the RIP were representative in comparison to their total export sales to the Union, i.e. if sales volumes of the like product intended for domestic consumption represented 5 % or more of their exports of the product concerned to the Union.

| (29) | The domestic sales of the like product were found to be representative for one of the three sampled companies. |
| --- | --- |

(29)

The domestic sales of the like product were found to be representative for one of the three sampled companies.

| (30) | It was subsequently examined whether the types of the like product sold by this company and intended for domestic consumption were identical or directly comparable to the types for export to the Union. For each of the those types, it was established whether sales of the like product intended for domestic consumption were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Sales intended for domestic consumption were sufficiently representative when they represented 5 % or more of the total sales volume of the comparable type exported to the Union. |
| --- | --- |

(30)

It was subsequently examined whether the types of the like product sold by this company and intended for domestic consumption were identical or directly comparable to the types for export to the Union. For each of the those types, it was established whether sales of the like product intended for domestic consumption were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Sales intended for domestic consumption were sufficiently representative when they represented 5 % or more of the total sales volume of the comparable type exported to the Union.

| (31) | It was found that, for this company, only one type of the like product was directly comparable to the type exported to the Union. Moreover, this particular type was also sold in sufficiently representative quantities on the domestic market. |
| --- | --- |

(31)

It was found that, for this company, only one type of the like product was directly comparable to the type exported to the Union. Moreover, this particular type was also sold in sufficiently representative quantities on the domestic market.

| (32) | It was subsequently examined whether the product type for the company referred to in recital 31 was sold in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing the proportion of profitable domestic sales to independent customers for the product type concerned. |
| --- | --- |

(32)

It was subsequently examined whether the product type for the company referred to in recital 31 was sold in the ordinary course of trade pursuant to Article 2(4) of the basic Regulation. This was done by establishing the proportion of profitable domestic sales to independent customers for the product type concerned.

| (33) | It was found that more than 80 % of the volume of sales intended for domestic consumption was profitable and, in accordance with Article 2(4), all transactions for this particular type were used for determining the normal value. |
| --- | --- |

(33)

It was found that more than 80 % of the volume of sales intended for domestic consumption was profitable and, in accordance with Article 2(4), all transactions for this particular type were used for determining the normal value.

| (34) | For the type of the product concerned where the domestic sales were representative and made in the ordinary course of trade, normal value was established on the actual domestic price, calculated as a weighted average of all the domestic sales of that type during the RIP. |
| --- | --- |

(34)

For the type of the product concerned where the domestic sales were representative and made in the ordinary course of trade, normal value was established on the actual domestic price, calculated as a weighted average of all the domestic sales of that type during the RIP.

| (35) | For the remaining two exporting producers whose sales on the domestic market were not considered to be representative (one of which did not sell the like product for domestic consumption at all) and for the third exporting producer whose overall sales were considered to be representative but where for a number of types of the like product, the quantities sold on the domestic market were not considered to be representative, the normal value had to be constructed pursuant to Article 2(3) of the basic Regulation. |
| --- | --- |

(35)

For the remaining two exporting producers whose sales on the domestic market were not considered to be representative (one of which did not sell the like product for domestic consumption at all) and for the third exporting producer whose overall sales were considered to be representative but where for a number of types of the like product, the quantities sold on the domestic market were not considered to be representative, the normal value had to be constructed pursuant to Article 2(3) of the basic Regulation.

| (36) | The normal value was constructed by adding the cost of manufacturing for each product type exported to the Union and a reasonable amount for selling, general and administrative costs (SG & A) and for profits. |
| --- | --- |

(36)

The normal value was constructed by adding the cost of manufacturing for each product type exported to the Union and a reasonable amount for selling, general and administrative costs (SG & A) and for profits.

| (37) | In accordance with Article 2(6) of the basic Regulation, for the two exporting producers who had sales intended for domestic consumption – at quantities below or above 5 % of their respective sales quantities to the Union – the SG & A and the profit margin were taken from the respective company’s sales under the ordinary course of trade on the domestic market. |
| --- | --- |

(37)

In accordance with Article 2(6) of the basic Regulation, for the two exporting producers who had sales intended for domestic consumption – at quantities below or above 5 % of their respective sales quantities to the Union – the SG & A and the profit margin were taken from the respective company’s sales under the ordinary course of trade on the domestic market.

| (38) | For the third exporting producer which did not sell the like product for domestic consumption, in accordance with Article 2(6)(a) of the basic Regulation, the SG & A and profit used for this third exporting producer constituted the weighted average of the SG & A and profit for the other two other exporting producers referred to in recital 37. |
| --- | --- |

(38)

For the third exporting producer which did not sell the like product for domestic consumption, in accordance with Article 2(6)(a) of the basic Regulation, the SG & A and profit used for this third exporting producer constituted the weighted average of the SG & A and profit for the other two other exporting producers referred to in recital 37.

| (39) | Two interested parties contested the methodology used, as set out in recital 37, i.e. the use of profit for the purpose of constructing a normal value when this profit is based on domestic sales transactions at volumes below 5 % of sales quantities to the Union. It considers that, when domestic sales transactions are not considered to be in sufficient quantities to be representative, then the profit from those transactions should not be used. |
| --- | --- |

(39)

Two interested parties contested the methodology used, as set out in recital 37, i.e. the use of profit for the purpose of constructing a normal value when this profit is based on domestic sales transactions at volumes below 5 % of sales quantities to the Union. It considers that, when domestic sales transactions are not considered to be in sufficient quantities to be representative, then the profit from those transactions should not be used.

| (40) | However, the same methodology has been used in the original investigation, and in the absence of changed circumstances, the Commission considers that this methodology is still valid for the purpose of these proceedings. |
| --- | --- |

(40)

However, the same methodology has been used in the original investigation, and in the absence of changed circumstances, the Commission considers that this methodology is still valid for the purpose of these proceedings.

2.2.   Determination of the export price

Determination of the export price

| (41) | All sales of the sampled exporting producers were made directly to unrelated customers in the Union. The sales price was thus established in accordance with Article 2(8) of the basic Regulation, on the basis of prices paid or payable by those independent customers in the Union. |
| --- | --- |

(41)

All sales of the sampled exporting producers were made directly to unrelated customers in the Union. The sales price was thus established in accordance with Article 2(8) of the basic Regulation, on the basis of prices paid or payable by those independent customers in the Union.

2.3.   Comparison and adjustments

Comparison and adjustments

| (42) | The comparison between the normal value and the export price was made on an ex-works basis. In order to ensure a fair comparison, account was taken of differences which affect price comparability in accordance with Article 2(10) of the basic Regulation. |
| --- | --- |

(42)

The comparison between the normal value and the export price was made on an ex-works basis. In order to ensure a fair comparison, account was taken of differences which affect price comparability in accordance with Article 2(10) of the basic Regulation.

| (43) | Allowances for differences in transport costs, insurance costs, handling and loading costs, commissions and bank charges were granted when applicable and duly justified. |
| --- | --- |

(43)

Allowances for differences in transport costs, insurance costs, handling and loading costs, commissions and bank charges were granted when applicable and duly justified.

| (44) | Moreover, in accordance with Article 2(10)(d) of the basic Regulation and pursuant to the methodology applied in the original investigation, allowances were made for differences in the level of trade for those exporting producers whose sales on the domestic market carries its own brand, but whose sales to the Union is under a retailers brand. The adjustment level – calculated in the form of a reduction of the profit margin used when constructing the normal value as referred to in recital 33 — has been estimated on the basis of the relationship of the profit margins obtained by the Union industry on their own branded products and on all products. The profit margin was hence reduced by between 20 % and 50 %. |
| --- | --- |

(44)

Moreover, in accordance with Article 2(10)(d) of the basic Regulation and pursuant to the methodology applied in the original investigation, allowances were made for differences in the level of trade for those exporting producers whose sales on the domestic market carries its own brand, but whose sales to the Union is under a retailers brand. The adjustment level – calculated in the form of a reduction of the profit margin used when constructing the normal value as referred to in recital 33 — has been estimated on the basis of the relationship of the profit margins obtained by the Union industry on their own branded products and on all products. The profit margin was hence reduced by between 20 % and 50 %.

| (45) | Two interested parties considered that the domestic market in Thailand and the Union market cannot be compared, as the size of the market differs and the fact that Thai producers sell under their own brand on the domestic market. |
| --- | --- |

(45)

Two interested parties considered that the domestic market in Thailand and the Union market cannot be compared, as the size of the market differs and the fact that Thai producers sell under their own brand on the domestic market.

| (46) | It is first recalled that in recital 22 it was established that sweet corn sold on the Thai domestic market and sweet corn sold for export to the Union market are alike within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(46)

It is first recalled that in recital 22 it was established that sweet corn sold on the Thai domestic market and sweet corn sold for export to the Union market are alike within the meaning of Article 1(4) of the basic Regulation.

| (47) | Second, due to the differences in the level of trade, an adjustment to the profit margin – a downward adjustment by between 20 % and 50 % of the profit margin generated from domestic, own-brand sales – was made. This also follows the methodology used in the original investigation. |
| --- | --- |

(47)

Second, due to the differences in the level of trade, an adjustment to the profit margin – a downward adjustment by between 20 % and 50 % of the profit margin generated from domestic, own-brand sales – was made. This also follows the methodology used in the original investigation.

2.4.   Dumping during the RIP

Dumping during the RIP

| (48) | On the basis of the above, the dumping margins expressed as a percentage of the free-at-Union-frontier price, before duty, were found to be between 8 % and 44 %. |
| --- | --- |

(48)

On the basis of the above, the dumping margins expressed as a percentage of the free-at-Union-frontier price, before duty, were found to be between 8 % and 44 %.

3.   Development of imports should measures be repealed

Development of imports should measures be repealed

3.1.   Production capacity of the exporting producers

Production capacity of the exporting producers

| (49) | The production of sweetcorn is dependent on the access of freshly harvested corn that is delivered to the canning factory directly after harvest. The freshly harvested corn should be canned within 24 hours after harvest and thus the capacity to produce the product concerned is directly linked to the availability of freshly harvested corn. |
| --- | --- |

(49)

The production of sweetcorn is dependent on the access of freshly harvested corn that is delivered to the canning factory directly after harvest. The freshly harvested corn should be canned within 24 hours after harvest and thus the capacity to produce the product concerned is directly linked to the availability of freshly harvested corn.

| (50) | In Thailand, the harvest season is around 9-10 months a year, encompassing 2 harvests per year. When assessing the available technical capacity to manufacture, season-related raw material constraints must be included in the analysis. |
| --- | --- |

(50)

In Thailand, the harvest season is around 9-10 months a year, encompassing 2 harvests per year. When assessing the available technical capacity to manufacture, season-related raw material constraints must be included in the analysis.

| (51) | The three exporting producers that were included in the sample had a combined technical capacity of between 130 000 - 150 000 tonnes. The actual utilisation rate of available technical capacity varied between 50 % – 80 %. |
| --- | --- |

(51)

The three exporting producers that were included in the sample had a combined technical capacity of between 130 000 - 150 000 tonnes. The actual utilisation rate of available technical capacity varied between 50 % – 80 %.

| (52) | Several interested parties argued that, while acknowledging the methodology used in curtailing the technical capacity with accessibility of raw materials, the available spare capacity was exaggerated. |
| --- | --- |

(52)

Several interested parties argued that, while acknowledging the methodology used in curtailing the technical capacity with accessibility of raw materials, the available spare capacity was exaggerated.

| (53) | As already stressed in recital 50, technical capacity cannot be fully utilized due to the seasonal unavailability of freshly harvested sweet corn. Still, the investigation has shown that capacity utilisation figures of 80 % and above are achieved by some sampled producers, while for other sampled producers the capacity utilisation was much lower. Since all producers have a comparable access to raw materials, this lower capacity utilisation cannot only be explained by the seasonal unavailability of freshly harvested sweet corn. |
| --- | --- |

(53)

As already stressed in recital 50, technical capacity cannot be fully utilized due to the seasonal unavailability of freshly harvested sweet corn. Still, the investigation has shown that capacity utilisation figures of 80 % and above are achieved by some sampled producers, while for other sampled producers the capacity utilisation was much lower. Since all producers have a comparable access to raw materials, this lower capacity utilisation cannot only be explained by the seasonal unavailability of freshly harvested sweet corn.

| (54) | According to information provided by the Thai Food Processors Association, the total export quantity of Thailand to the rest of the world steadily increased by around 20 % during the period considered, reaching a volume of 150 000 – 200 000 tonnes during the RIP. This shows that the quantities of available sweet corn can and effectively do increase steadily when additional quantities are needed by exporting producers. In this respect, it is noted that the total production of yellow corn ranged from 4,1 million – 4,5 million tonnes in Thailand during the period considered. While it is acknowledged that the production cannot be switched from yellow corn to sweet corn on a 1:1 basis, the sheer magnitude of the difference in production volumes makes it clear that even a small shift in the production quantities from yellow corn to sweetcorn can have a substantial impact on the total sweetcorn production in Thailand. |
| --- | --- |

(54)

According to information provided by the Thai Food Processors Association, the total export quantity of Thailand to the rest of the world steadily increased by around 20 % during the period considered, reaching a volume of 150 000 – 200 000 tonnes during the RIP. This shows that the quantities of available sweet corn can and effectively do increase steadily when additional quantities are needed by exporting producers. In this respect, it is noted that the total production of yellow corn ranged from 4,1 million – 4,5 million tonnes in Thailand during the period considered. While it is acknowledged that the production cannot be switched from yellow corn to sweet corn on a 1:1 basis, the sheer magnitude of the difference in production volumes makes it clear that even a small shift in the production quantities from yellow corn to sweetcorn can have a substantial impact on the total sweetcorn production in Thailand.

| (55) | On this basis, it was established that the three sampled producers could produce an additional quantity of around 40 000 – 60 000 tonnes per year (‘effective spare capacity’), which is around 2 to 3 times the total exports from Thailand of the product concerned to the Union. |
| --- | --- |

(55)

On this basis, it was established that the three sampled producers could produce an additional quantity of around 40 000 – 60 000 tonnes per year (‘effective spare capacity’), which is around 2 to 3 times the total exports from Thailand of the product concerned to the Union.

| (56) | The effective spare capacity of the sampled producers alone can therefore be considered significant. In addition, there are another 15 known producers of the product concerned in Thailand, which similarly have access to the vast production of sweet corn in Thailand. |
| --- | --- |

(56)

The effective spare capacity of the sampled producers alone can therefore be considered significant. In addition, there are another 15 known producers of the product concerned in Thailand, which similarly have access to the vast production of sweet corn in Thailand.

| (57) | From information collected from other sources, i.e.






  — | information collected from exporting producers’ internet presentations, |
| --- | --- | --- |

(57)

From information collected from other sources, i.e.

—

information collected from exporting producers’ internet presentations,

| — | information collected in relation to the sampling exercise, and |
| --- | --- |

—

information collected in relation to the sampling exercise, and

| — | information collected under the data-base set up under Article 14(6) of the basic Regulation, |
| --- | --- |

—

information collected under the data-base set up under Article 14(6) of the basic Regulation,

it can be concluded that at least two major exporting producers, one of which cooperated in the review investigation but was not selected for the sample (and hence did not supply any detailed information in this regard), have a combined capacity of between 50 000-100 000 tonnes.

| (58) | Finally, there is no evidence to suggest that the level of consumption on the Thai domestic market or third country markets would increase and thus absorb increased production if the spare capacity of the Thai producers is used. In particular, the Thai domestic market is tiny, and on average only accounted for 1 % - 2 % of total sales of all sampled Thai producers. This confirms that any additional production of sweet corn will be exported outside Thailand. |
| --- | --- |

(58)

Finally, there is no evidence to suggest that the level of consumption on the Thai domestic market or third country markets would increase and thus absorb increased production if the spare capacity of the Thai producers is used. In particular, the Thai domestic market is tiny, and on average only accounted for 1 % - 2 % of total sales of all sampled Thai producers. This confirms that any additional production of sweet corn will be exported outside Thailand.

3.2.   Attractiveness of the Union market

Attractiveness of the Union market

| (59) | When comparing the export prices of the product concerned to the Union with the prices charged for the like product on the domestic market, two facts have emerged: on the domestic market the prices are relatively high (due to own-brand sales) and the volumes are relatively small as compared to the export sales. On this basis, there is no apparent risk of trade diversion from sales on the domestic market to sales to the Union should measures be repealed. |
| --- | --- |

(59)

When comparing the export prices of the product concerned to the Union with the prices charged for the like product on the domestic market, two facts have emerged: on the domestic market the prices are relatively high (due to own-brand sales) and the volumes are relatively small as compared to the export sales. On this basis, there is no apparent risk of trade diversion from sales on the domestic market to sales to the Union should measures be repealed.

| (60) | When comparing the export prices of the product concerned to the Union with the prices charged for the like product on third country markets, it emerges that for the 3 sampled exporting producers prices to the Union are – on average – 14 % higher. |
| --- | --- |

(60)

When comparing the export prices of the product concerned to the Union with the prices charged for the like product on third country markets, it emerges that for the 3 sampled exporting producers prices to the Union are – on average – 14 % higher.

| (61) | Trade Statistics from the Thai Customs also confirms this finding. After conversion of the logistical weight (can + corn + liquid) reported into canned net weight (corn + liquid) following the methodology in the application for the review, the prices per kg charged to the Union are – on average – 5 % higher than to third countries. |
| --- | --- |

(61)

Trade Statistics from the Thai Customs also confirms this finding. After conversion of the logistical weight (can + corn + liquid) reported into canned net weight (corn + liquid) following the methodology in the application for the review, the prices per kg charged to the Union are – on average – 5 % higher than to third countries.

| (62) | While several parties have expressed doubts that a price difference of 5 % or 14 % is significant enough to result in a trade diversion to the Union, the investigation has shown that this is indeed likely in the sweetcorn market. In these proceedings, one Thai company (Karn Corn) previously obtained a duty rate which is 8 % - 10 % lower than that of most other Thai exporters. This advantage of 8 % - 10 % was, however, sufficient to increase their share in Thai exports to the Union by seven times between the IP of the original investigation and the RIP of the current investigation. |
| --- | --- |

(62)

While several parties have expressed doubts that a price difference of 5 % or 14 % is significant enough to result in a trade diversion to the Union, the investigation has shown that this is indeed likely in the sweetcorn market. In these proceedings, one Thai company (Karn Corn) previously obtained a duty rate which is 8 % - 10 % lower than that of most other Thai exporters. This advantage of 8 % - 10 % was, however, sufficient to increase their share in Thai exports to the Union by seven times between the IP of the original investigation and the RIP of the current investigation.

| (63) | In addition, despite the anti-dumping duty of 3,1 % in force, Karn Corn more than doubled their export quantities to the Union since the imposition of the anti-dumping duties. This shows the attractiveness of the Union market compared to other markets, even in the case of a small price differential. |
| --- | --- |

(63)

In addition, despite the anti-dumping duty of 3,1 % in force, Karn Corn more than doubled their export quantities to the Union since the imposition of the anti-dumping duties. This shows the attractiveness of the Union market compared to other markets, even in the case of a small price differential.

| (64) | To conclude, whereas the risk for trade diversion from the domestic market to the Union market is rather limited due to the existence of own-brand sales on the former, there is a significant risk for trade diversion from sales to third countries to the Union market due to the higher prices prevailing on the latter. |
| --- | --- |

(64)

To conclude, whereas the risk for trade diversion from the domestic market to the Union market is rather limited due to the existence of own-brand sales on the former, there is a significant risk for trade diversion from sales to third countries to the Union market due to the higher prices prevailing on the latter.

| (65) | Several interested parties argued that the prices on the Union market are comparably less attractive when compared with prices in other countries such as Japan. Thus, the risk for trade diversion should measures be repealed would be exaggerated. |
| --- | --- |

(65)

Several interested parties argued that the prices on the Union market are comparably less attractive when compared with prices in other countries such as Japan. Thus, the risk for trade diversion should measures be repealed would be exaggerated.

| (66) | It is recalled that sales to third countries are treated as a group and the conclusion drawn in recital 63 is based on prices to all third countries on average. It is fully acknowledged that, within this group to third countries, there are countries where export prices are higher, and there are other third countries which carry lower export prices. Obviously, the lower the export price, the higher the risk for trade diversion should measures lapse. |
| --- | --- |

(66)

It is recalled that sales to third countries are treated as a group and the conclusion drawn in recital 63 is based on prices to all third countries on average. It is fully acknowledged that, within this group to third countries, there are countries where export prices are higher, and there are other third countries which carry lower export prices. Obviously, the lower the export price, the higher the risk for trade diversion should measures lapse.

on average

| (67) | Moreover, one interested party argued that contractual links with importers in third countries will not make an easy switch between customers in different countries. |
| --- | --- |

(67)

Moreover, one interested party argued that contractual links with importers in third countries will not make an easy switch between customers in different countries.

| (68) | While contractual links between exporting producers in Thailand and importers in various third countries may exist and are upheld in the short term, there is no evidence to suggest that those contractual obligations could not be phased out as to enable sales to markets with higher prices such as the Union market. |
| --- | --- |

(68)

While contractual links between exporting producers in Thailand and importers in various third countries may exist and are upheld in the short term, there is no evidence to suggest that those contractual obligations could not be phased out as to enable sales to markets with higher prices such as the Union market.

| (69) | Finally, interested parties claimed that exports to some third countries such as South Korea cannot be compared, as the product mix (e.g. size of cans) and sales conditions (e.g. shipping terms) may be different. |
| --- | --- |

(69)

Finally, interested parties claimed that exports to some third countries such as South Korea cannot be compared, as the product mix (e.g. size of cans) and sales conditions (e.g. shipping terms) may be different.

| (70) | It is recalled that the outcome of the comparisons in recitals 58, 59 and 60 are indicators of differences in export prices to all third countries. The impact of any issue concerning Thai exports to a small number of markets on the overall comparison is therefore by nature limited. In addition, since Thai export data is recorded on an FOB basis, the impact of any difference in shipping terms or shipping cost is limited to the cost of domestic freight inside Thailand and can therefore only be insignificant. |
| --- | --- |

(70)

It is recalled that the outcome of the comparisons in recitals 58, 59 and 60 are indicators of differences in export prices to all third countries. The impact of any issue concerning Thai exports to a small number of markets on the overall comparison is therefore by nature limited. In addition, since Thai export data is recorded on an FOB basis, the impact of any difference in shipping terms or shipping cost is limited to the cost of domestic freight inside Thailand and can therefore only be insignificant.

all third countries

| (71) | In the absence of any evidence suggesting that the average price to all third countries is not comparable with the export price to the Union, the conclusion drawn in recital 63 is valid. |
| --- | --- |

(71)

In the absence of any evidence suggesting that the average price to all third countries is not comparable with the export price to the Union, the conclusion drawn in recital 63 is valid.

4.   Conclusion on the likelihood of continuation or recurrence of dumping

Conclusion on the likelihood of continuation or recurrence of dumping

| (72) | It appears likely that, should the measure be repealed, the relatively higher price level on the Union market will attract significant volumes of the product concerned that are currently sold at lower prices to third countries. |
| --- | --- |

(72)

It appears likely that, should the measure be repealed, the relatively higher price level on the Union market will attract significant volumes of the product concerned that are currently sold at lower prices to third countries.

| (73) | The exporting producers of Thailand have continued their dumping practised during the RIP. |
| --- | --- |

(73)

The exporting producers of Thailand have continued their dumping practised during the RIP.

| (74) | Moreover, the available spare capacity in Thailand and the fact that prices in the Union market are considerably higher than on third country markets brings to the conclusion that there is a risk of an increase in the exports of the product concerned should measures be repealed. |
| --- | --- |

(74)

Moreover, the available spare capacity in Thailand and the fact that prices in the Union market are considerably higher than on third country markets brings to the conclusion that there is a risk of an increase in the exports of the product concerned should measures be repealed.

| (75) | To conclude, there is a strong likelihood of the continuation of dumping should measures be repealed. |
| --- | --- |

(75)

To conclude, there is a strong likelihood of the continuation of dumping should measures be repealed.

D.   DEFINITION OF THE UNION INDUSTRY

DEFINITION OF THE UNION INDUSTRY

| (76) | During the RIP, the like product was manufactured by approximately 20 producers in the Union. The output of those producers (established on the basis of the information collected from the cooperating producers and for the other Union producers on the data from the review request) is therefore deemed to constitute the Union production within the meaning of Article 4(1) of the basic Regulation. |
| --- | --- |

(76)

During the RIP, the like product was manufactured by approximately 20 producers in the Union. The output of those producers (established on the basis of the information collected from the cooperating producers and for the other Union producers on the data from the review request) is therefore deemed to constitute the Union production within the meaning of Article 4(1) of the basic Regulation.

| (77) | As explained in recital 13, due to the large number of Union producers, a sample was selected. For the purpose of the injury analysis, the injury indicators have been established at the following two levels:






  — | the macroeconomic elements (production, capacity, sales volume, market share, growth, employment, productivity, average unit prices and magnitude of dumping margins and recovery from the effects of past dumping) were assessed, at the level of the whole Union production, on the basis of the information collected from the cooperating producers and, for the other Union producers, an estimate based on the data from the review request was used. |
| --- | --- | --- |

(77)

As explained in recital 13, due to the large number of Union producers, a sample was selected. For the purpose of the injury analysis, the injury indicators have been established at the following two levels:

—

the macroeconomic elements (production, capacity, sales volume, market share, growth, employment, productivity, average unit prices and magnitude of dumping margins and recovery from the effects of past dumping) were assessed, at the level of the whole Union production, on the basis of the information collected from the cooperating producers and, for the other Union producers, an estimate based on the data from the review request was used.

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

—

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

E.   SITUATION ON THE UNION MARKET

SITUATION ON THE UNION MARKET

1.   Union consumption

Union consumption

| (78) | Union consumption was established on the basis of the sales volumes of the Union industry’s own production destined for the Union market, the import volumes data on the Union market obtained from the 14.6 database and, concerning the other Union producers, from information available from the request. |
| --- | --- |

(78)

Union consumption was established on the basis of the sales volumes of the Union industry’s own production destined for the Union market, the import volumes data on the Union market obtained from the 14.6 database and, concerning the other Union producers, from information available from the request.

| (79) | Throughout the period considered, the consumption in the Union has increased by 9 %. While from 2008 to 2009 it decreased by 5 %, in 2010 and in 2011 it increased respectively by 6 and 9 percentage points (i.e. compared to the previous year). Then it more or less stabilised during the RIP at a level of around 350 000 tonnes. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Total Union consumption (tonnes) | 318 413 | 301 594 | 320 027 | 351 279 | 347 533 |
| Index (2008 = 100) | 100 | 95 | 101 | 110 | 109 |

(79)

Throughout the period considered, the consumption in the Union has increased by 9 %. While from 2008 to 2009 it decreased by 5 %, in 2010 and in 2011 it increased respectively by 6 and 9 percentage points (i.e. compared to the previous year). Then it more or less stabilised during the RIP at a level of around 350 000 tonnes.

2008

2009

2010

2011

RIP

Total Union consumption (tonnes)

318 413

301 594

320 027

351 279

347 533

Index (2008 = 100)

Index (2008 = 100)

100

100

95

95

101

101

110

110

109

109

2.   Imports from the country concerned

Imports from the country concerned

(a)   Volume

Volume

| (80) | The volume of imports of the product concerned from the country concerned into the Union decreased by 43 %, from around 38 000 tonnes in 2008 to around 22 000 tonnes in the RIP. It decreased by 15 % in 2009, by a further 20 percentage points in 2010 and another 11 percentage points in 2011, before slightly increasing again by 3 percentage points in the RIP. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Volume of imports from Thailand | 38 443 | 32 616 | 24 941 | 20 710 | 21 856 |
| Index (2008 = 100) | 100 | 85 | 65 | 54 | 57 |
| Market share of imports from Thailand (%) | 12 | 11 | 8 | 6 | 6 |
| Price imports from Thailand (EUR /tonne) | 835 | 887 | 806 | 775 | 807 |
| Index (2008 = 100) | 100 | 106 | 96 | 93 | 97 |
| Source: | 14.6 database |

(80)

The volume of imports of the product concerned from the country concerned into the Union decreased by 43 %, from around 38 000 tonnes in 2008 to around 22 000 tonnes in the RIP. It decreased by 15 % in 2009, by a further 20 percentage points in 2010 and another 11 percentage points in 2011, before slightly increasing again by 3 percentage points in the RIP.

2008

2009

2010

2011

RIP

Volume of imports from Thailand

38 443

32 616

24 941

20 710

21 856

Index (2008 = 100)

Index (2008 = 100)

100

100

85

85

65

65

54

54

57

57

Market share of imports from Thailand (%)

12

11

8

6

6

Price imports from Thailand (EUR /tonne)

835

887

806

775

807

Index (2008 = 100)

Index (2008 = 100)

100

100

106

106

96

96

93

93

97

97

Source:

Source:

14.6 database

(b)   Market share

Market share

| (81) | The corresponding market share held by Thai exporters on the Union market in the country concerned gradually decreased by around 50 % or 6 percentage points during the period considered, from 12 % in 2008 to 6 % in the RIP. In detail, the Thai market share decreased from 12 % in 2008 to 11 % in 2009 to 8 % in 2010 and to 6 % in 2011/RIP. |
| --- | --- |

(81)

The corresponding market share held by Thai exporters on the Union market in the country concerned gradually decreased by around 50 % or 6 percentage points during the period considered, from 12 % in 2008 to 6 % in the RIP. In detail, the Thai market share decreased from 12 % in 2008 to 11 % in 2009 to 8 % in 2010 and to 6 % in 2011/RIP.

(c)   Prices

Prices

(i)   Price evolution

Price evolution

| (82) | Between 2008 and the RIP, the average price of imports of the product concerned originating in the country concerned declined by 3 %, from EUR 835/tonne in 2008 to EUR 807/tonne in the RIP. Specifically, prices increased by 6 % in 2008 before decreasing by 10 percentage points in 2010 and by a further 3 percentage points in 2011. From 2011 to the RIP, those prices increased again by 4 percentage points. |
| --- | --- |

(82)

Between 2008 and the RIP, the average price of imports of the product concerned originating in the country concerned declined by 3 %, from EUR 835/tonne in 2008 to EUR 807/tonne in the RIP. Specifically, prices increased by 6 % in 2008 before decreasing by 10 percentage points in 2010 and by a further 3 percentage points in 2011. From 2011 to the RIP, those prices increased again by 4 percentage points.

(ii)   Price undercutting

Price undercutting

| (83) | A price comparison for similar product types was made between the exporting producers’ and the Union industry’s selling prices in the Union. To this end, the Union industry’s ex-works prices net of all rebates and taxes were compared with the CIF Union frontier prices of exporting producers of the country concerned, duly adjusted for conventional duties, unloading and customs clearance costs. The comparison showed that during the RIP the prices of the product concerned originating in the country concerned sold in the Union were overall higher than the Union industry’s prices. Also, based on import statistics (14.6 database), there was no undercutting margin for any Thai imports into the Union (for both cooperating exporters as well as non-cooperators, regardless of the product mix). |
| --- | --- |

(83)

A price comparison for similar product types was made between the exporting producers’ and the Union industry’s selling prices in the Union. To this end, the Union industry’s ex-works prices net of all rebates and taxes were compared with the CIF Union frontier prices of exporting producers of the country concerned, duly adjusted for conventional duties, unloading and customs clearance costs. The comparison showed that during the RIP the prices of the product concerned originating in the country concerned sold in the Union were overall higher than the Union industry’s prices. Also, based on import statistics (14.6 database), there was no undercutting margin for any Thai imports into the Union (for both cooperating exporters as well as non-cooperators, regardless of the product mix).

3.   Situation of the Union industry

Situation of the Union industry

| (84) | Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic factors and indices having a bearing on the state of the Union industry. |
| --- | --- |

(84)

Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic factors and indices having a bearing on the state of the Union industry.

| (85) | This market is, inter alia, characterised by two sales channels, i.e. sales under the producer’s own brand and sales under retailer’s brand. Sales under the first channel, as compared to the second channel, will usually trigger higher selling costs intended in particular for marketing and advertising, and will also command higher selling prices. |
| --- | --- |

(85)

This market is, inter alia, characterised by two sales channels, i.e. sales under the producer’s own brand and sales under retailer’s brand. Sales under the first channel, as compared to the second channel, will usually trigger higher selling costs intended in particular for marketing and advertising, and will also command higher selling prices.

| (86) | The investigation evidenced that all imports from the cooperating Thai exporters pertained to the second channel, i.e. the retailer’s brand channel. Therefore, it was considered appropriate to distinguish, in the injury analysis, between the Union industry’s sales under its own brand and under the retailer’s brand wherever relevant, as dumped imports compete in the first place with the Union industry’s like products sold under the retailer’s brand. This distinction was made in particular for the determination of sales volumes, sales prices and profitability. However, for the sake of completeness, totals (including both own brand and retailer’s brand) are also shown and commented on in the tables below. During the RIP, the Union industry’s sales under the retailer’s brand accounted for around 70 % of the total Union industry’s sales volume and around 60 % of their sales value. |
| --- | --- |

(86)

The investigation evidenced that all imports from the cooperating Thai exporters pertained to the second channel, i.e. the retailer’s brand channel. Therefore, it was considered appropriate to distinguish, in the injury analysis, between the Union industry’s sales under its own brand and under the retailer’s brand wherever relevant, as dumped imports compete in the first place with the Union industry’s like products sold under the retailer’s brand. This distinction was made in particular for the determination of sales volumes, sales prices and profitability. However, for the sake of completeness, totals (including both own brand and retailer’s brand) are also shown and commented on in the tables below. During the RIP, the Union industry’s sales under the retailer’s brand accounted for around 70 % of the total Union industry’s sales volume and around 60 % of their sales value.

| (87) | Given that in the Union sweetcorn is only processed during the summer months, a number of injury indicators are virtually identical for 2011 and the RIP (1 April 2011 to 30 March 2012). This applies in particular to production and production capacity. |
| --- | --- |

(87)

Given that in the Union sweetcorn is only processed during the summer months, a number of injury indicators are virtually identical for 2011 and the RIP (1 April 2011 to 30 March 2012). This applies in particular to production and production capacity.

3.1.   Macroeconomic elements

Macroeconomic elements

(a)   Production

Production

| (88) | From a level of around 372 000 tonnes in 2008, the Union industry’s production decreased by 8 % during the period considered. Specifically, it declined by 25 % in 2009 and by 13 percentage points in 2010 and it increased again by 31 percentage points in 2011/RIP. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Production (tonnes) | 371 764 | 279 265 | 231 790 | 344 015 | 343 873 |
| Index (2008 = 100) | 100 | 75 | 62 | 93 | 92 |

(88)

From a level of around 372 000 tonnes in 2008, the Union industry’s production decreased by 8 % during the period considered. Specifically, it declined by 25 % in 2009 and by 13 percentage points in 2010 and it increased again by 31 percentage points in 2011/RIP.

2008

2009

2010

2011

RIP

Production (tonnes)

371 764

279 265

231 790

344 015

343 873

Index (2008 = 100)

Index (2008 = 100)

100

100

75

75

62

62

93

93

92

92

(b)   Capacity and capacity utilisation rates

Capacity and capacity utilisation rates

| (89) | Production capacity was around 488 000 tonnes in 2008, 2009 and 2010 and it decreased by 9 % in 2011/RIP. The decrease was due to the fact that one of the sampled Union producers closed one of its plants. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Production capacity (tonnes) | 488 453 | 488 453 | 488 453 | 444 055 | 444 055 |
| Index (2008 = 100) | 100 | 100 | 100 | 91 | 91 |
| Capacity utilisation (%) | 76 | 57 | 47 | 77 | 77 |
| Index (2008 = 100) | 100 | 75 | 62 | 102 | 102 |
| Source: | Investigation |

(89)

Production capacity was around 488 000 tonnes in 2008, 2009 and 2010 and it decreased by 9 % in 2011/RIP. The decrease was due to the fact that one of the sampled Union producers closed one of its plants.

2008

2009

2010

2011

RIP

Production capacity (tonnes)

488 453

488 453

488 453

444 055

444 055

Index (2008 = 100)

Index (2008 = 100)

100

100

100

100

100

100

91

91

91

91

Capacity utilisation (%)

76

57

47

77

77

Index (2008 = 100)

Index (2008 = 100)

100

100

75

75

62

62

102

102

102

102

Source:

Source:

Investigation

| (90) | Capacity utilisation was 76 % in 2008. It declined to 57 % in 2009 and further to 47 % in 2010 before picking up to 77 % in 2011/RIP. Over the whole period considered, capacity utilisation was stable because the decreasing production was in line with the decreasing production capacity. |
| --- | --- |

(90)

Capacity utilisation was 76 % in 2008. It declined to 57 % in 2009 and further to 47 % in 2010 before picking up to 77 % in 2011/RIP. Over the whole period considered, capacity utilisation was stable because the decreasing production was in line with the decreasing production capacity.

(c)   Sales volume

Sales volume

| (91) | The sales of the Union industry of its production intended for the retailer’s brand on the Union market to unrelated customers first decreased by 6 % in 2009, before increasing by 17 percentage points in 2010 and further by 24 percentage points in 2011. From 2011 to the RIP, those sales decreased again by 4 percentage points. Altogether, between 2008 and the RIP, those sales increased by around 31 %. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Union Sales volume (retailer’s brand) to unrelated customers (tonnes) | 161 544 | 151 058 | 179 562 | 218 876 | 212 425 |
| Index (2008 = 100) | 100 | 94 | 111 | 135 | 131 |
| Union Sales volume (own and retailer’s brand) to unrelated customers (tonnes) | 262 902 | 248 995 | 280 586 | 318 237 | 312 623 |
| Index (2008 = 100) | 100 | 95 | 107 | 121 | 119 |
| Source: | Investigation |

(91)

The sales of the Union industry of its production intended for the retailer’s brand on the Union market to unrelated customers first decreased by 6 % in 2009, before increasing by 17 percentage points in 2010 and further by 24 percentage points in 2011. From 2011 to the RIP, those sales decreased again by 4 percentage points. Altogether, between 2008 and the RIP, those sales increased by around 31 %.

2008

2009

2010

2011

RIP

Union Sales volume (retailer’s brand) to unrelated customers (tonnes)

161 544

151 058

179 562

218 876

212 425

Index (2008 = 100)

Index (2008 = 100)

100

100

94

94

111

111

135

135

131

131

Union Sales volume (own and retailer’s brand) to unrelated customers (tonnes)

262 902

248 995

280 586

318 237

312 623

Index (2008 = 100)

Index (2008 = 100)

100

100

95

95

107

107

121

121

119

119

Source:

Source:

Investigation

| (92) | The total (both own and retailer’s brand) Union industry’s sales of its production on the Union market to unrelated customers followed more or less a similar pattern, although less pronounced. They first decreased by 5 % in 2009, before increasing by 12 percentage points in 2010 and further by 14 percentage points in 2011. From 2011 to the RIP those sales decreased again by 2 percentage points. Altogether, between 2008 and the RIP, those sales increased by around 19 %. |
| --- | --- |

(92)

The total (both own and retailer’s brand) Union industry’s sales of its production on the Union market to unrelated customers followed more or less a similar pattern, although less pronounced. They first decreased by 5 % in 2009, before increasing by 12 percentage points in 2010 and further by 14 percentage points in 2011. From 2011 to the RIP those sales decreased again by 2 percentage points. Altogether, between 2008 and the RIP, those sales increased by around 19 %.

(d)   Market share

Market share

| (93) | The market share held by the Union industry was 83 % in 2008 and 2009. It increased to 88 % in 2010 and to 91 % in 2011 before decreasing slightly to 90 % in the RIP. Altogether, the market share held by the Union industry over the period considered increased by 7 percentage points. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Market share of the Union industry (own and retailer’s brand) (%) | 83 | 83 | 88 | 91 | 90 |
| Index (2008 = 100) | 100 | 100 | 106 | 110 | 109 |
| Source: | Investigation |

(93)

The market share held by the Union industry was 83 % in 2008 and 2009. It increased to 88 % in 2010 and to 91 % in 2011 before decreasing slightly to 90 % in the RIP. Altogether, the market share held by the Union industry over the period considered increased by 7 percentage points.

2008

2009

2010

2011

RIP

Market share of the Union industry (own and retailer’s brand) (%)

83

83

88

91

90

Index (2008 = 100)

Index (2008 = 100)

100

100

100

100

106

106

110

110

109

109

Source:

Source:

Investigation

(e)   Growth

Growth

| (94) | Between 2008 and the RIP, when the Union consumption increased by 9 %, the volume of sales intended for the retailer’s brand of the Union industry on the Union market increased by 31 %, whilst the volume of Union industry’s sales intended for both own and retailer’s brand on the Union’s market increased by 19 %. Between 2008 and the RIP, the Union industry gained around 7 percentage points of market share, whereas dumped imports lost around 6 percentage points of market share. It is thus concluded that the Union industry was able to benefit from a growing market. |
| --- | --- |

(94)

Between 2008 and the RIP, when the Union consumption increased by 9 %, the volume of sales intended for the retailer’s brand of the Union industry on the Union market increased by 31 %, whilst the volume of Union industry’s sales intended for both own and retailer’s brand on the Union’s market increased by 19 %. Between 2008 and the RIP, the Union industry gained around 7 percentage points of market share, whereas dumped imports lost around 6 percentage points of market share. It is thus concluded that the Union industry was able to benefit from a growing market.

(f)   Employment

Employment

| (95) | The employment level of the Union industry first decreased by 17 % between 2008 and 2009, then declined by 5 percentage points in 2010 and increased by 11 percentage points in 2011/RIP. Overall, employment of the Union industry declined by 11 % over the period considered, i.e. from around 2 300 persons to around 2 000 persons. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Employment (persons) | 2 278 | 1 896 | 1 786 | 2 038 | 2 035 |
| Index (2008 = 100) | 100 | 83 | 78 | 89 | 89 |
| Source: | Investigation |

(95)

The employment level of the Union industry first decreased by 17 % between 2008 and 2009, then declined by 5 percentage points in 2010 and increased by 11 percentage points in 2011/RIP. Overall, employment of the Union industry declined by 11 % over the period considered, i.e. from around 2 300 persons to around 2 000 persons.

2008

2009

2010

2011

RIP

Employment (persons)

2 278

1 896

1 786

2 038

2 035

Index (2008 = 100)

Index (2008 = 100)

100

100

83

83

78

78

89

89

89

89

Source:

Source:

Investigation

(g)   Productivity

Productivity

| (96) | Productivity of the Union industry’s workforce, measured as output (tonnes) per person employed per year, starting from a level of 163 tonnes per employee, first decreased by 10 % in 2009 and further by 10 percentage points in 2010, subsequently increased by 23 percentage points in 2011 and by 1 percentage point in the RIP. Altogether, productivity of the Union industry increased by 4 % over the period considered. This development reflects the fact that the drop in workforce was sharper than that of production. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Productivity (tonne per employee) | 163 | 147 | 130 | 169 | 169 |
| Index (2008 = 100) | 100 | 90 | 80 | 103 | 104 |
| Source: | Investigation |

(96)

Productivity of the Union industry’s workforce, measured as output (tonnes) per person employed per year, starting from a level of 163 tonnes per employee, first decreased by 10 % in 2009 and further by 10 percentage points in 2010, subsequently increased by 23 percentage points in 2011 and by 1 percentage point in the RIP. Altogether, productivity of the Union industry increased by 4 % over the period considered. This development reflects the fact that the drop in workforce was sharper than that of production.

2008

2009

2010

2011

RIP

Productivity (tonne per employee)

163

147

130

169

169

Index (2008 = 100)

Index (2008 = 100)

100

100

90

90

80

80

103

103

104

104

Source:

Source:

Investigation

(h)   Factors affecting sales prices

Factors affecting sales prices

| (97) | Unit prices for Union industry’s sales of retailer’s brand products to unrelated customers increased by 7 % in 2009 and decreased by 8 percentage points in 2010 and further by 5 percentage points in 2011. From 2011 to the RIP they increased by 3 percentage points. Altogether, those prices decreased by 3 % over the period considered from a level of EUR 1 073/tonne to EUR 1 041/tonne in the RIP. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Unit price in the Union market (retailer’s brand) (EUR/tonne) | 1 073 | 1 152 | 1 057 | 1 008 | 1 041 |
| Index (2008 = 100) | 100 | 107 | 99 | 94 | 97 |
| Unit price in the Union market (own and retailer’s brand) (EUR/tonne) | 1 248 | 1 305 | 1 219 | 1 182 | 1 215 |
| Index (2008 = 100) | 100 | 105 | 98 | 95 | 97 |
| Source: | Investigation |

(97)

Unit prices for Union industry’s sales of retailer’s brand products to unrelated customers increased by 7 % in 2009 and decreased by 8 percentage points in 2010 and further by 5 percentage points in 2011. From 2011 to the RIP they increased by 3 percentage points. Altogether, those prices decreased by 3 % over the period considered from a level of EUR 1 073/tonne to EUR 1 041/tonne in the RIP.

2008

2009

2010

2011

RIP

Unit price in the Union market (retailer’s brand) (EUR/tonne)

1 073

1 152

1 057

1 008

1 041

Index (2008 = 100)

Index (2008 = 100)

100

100

107

107

99

99

94

94

97

97

Unit price in the Union market (own and retailer’s brand) (EUR/tonne)

1 248

1 305

1 219

1 182

1 215

Index (2008 = 100)

Index (2008 = 100)

100

100

105

105

98

98

95

95

97

97

Source:

Source:

Investigation

| (98) | Total (both own and retailer’s brand) Union industry’s sales prices on the Union market to unrelated customers followed more or less a similar pattern. They increased by 5 % in 2009 and decreased by 7 percentage points in 2010 and further by 3 percentage points in 2011. From 2011 to the RIP they increased by 2 percentage points. Altogether, those prices decreased by 3 % over the period considered from a level of EUR 1 248/tonne to EUR 1 215/tonne in the RIP. |
| --- | --- |

(98)

Total (both own and retailer’s brand) Union industry’s sales prices on the Union market to unrelated customers followed more or less a similar pattern. They increased by 5 % in 2009 and decreased by 7 percentage points in 2010 and further by 3 percentage points in 2011. From 2011 to the RIP they increased by 2 percentage points. Altogether, those prices decreased by 3 % over the period considered from a level of EUR 1 248/tonne to EUR 1 215/tonne in the RIP.

(i)   Magnitude of dumping margin

Magnitude of dumping margin

| (99) | The investigation has established a continuation of dumping and the magnitude of the actual margins of dumping (i.e. up to 44 %) cannot be considered to be negligible. |
| --- | --- |

(99)

The investigation has established a continuation of dumping and the magnitude of the actual margins of dumping (i.e. up to 44 %) cannot be considered to be negligible.

(j)   Recovery from past dumping

Recovery from past dumping

| (100) | The macro-indicators examined above and the micro-indicators examined below show that, although the anti-dumping measures have partially achieved their intended result of removing injury suffered by the Union producers, the industry is still in a vulnerable and fragile situation. Indeed the performance on the retailer-branded segment which is in direct competition with the Thai imports is poor in terms of profitability. Sales prices of the Union industry in this market segment decreased by 3 % over the period considered, whereas production costs increased by about 10 % over the same period. Clearly, the Union industry has not been in a position to recover its costs which resulted in significant losses. Given the importance of the retailer’s brand in the Union industry’s sweetcorn business (representing 70 % of its total sales volume and 60 % of its total sales value) this has weighted on the overall profitability. Thus, no actual recovery from the past dumping could be established and it is considered that the Union industry remains vulnerable to the injurious effects of any dumped imports in the Union market. |
| --- | --- |

(100)

The macro-indicators examined above and the micro-indicators examined below show that, although the anti-dumping measures have partially achieved their intended result of removing injury suffered by the Union producers, the industry is still in a vulnerable and fragile situation. Indeed the performance on the retailer-branded segment which is in direct competition with the Thai imports is poor in terms of profitability. Sales prices of the Union industry in this market segment decreased by 3 % over the period considered, whereas production costs increased by about 10 % over the same period. Clearly, the Union industry has not been in a position to recover its costs which resulted in significant losses. Given the importance of the retailer’s brand in the Union industry’s sweetcorn business (representing 70 % of its total sales volume and 60 % of its total sales value) this has weighted on the overall profitability. Thus, no actual recovery from the past dumping could be established and it is considered that the Union industry remains vulnerable to the injurious effects of any dumped imports in the Union market.

3.2.   Microeconomic elements

Microeconomic elements

(a)   Stocks

Stocks

| (101) | The level of closing stocks of the Union industry has been continuously decreasing over the period considered. It decreased by 2 % in 2009, by 27 percentage points in 2010, by 2 percentage points in 2011 and further by 24 percentage points during the RIP. However, it should be noted that the level of inventories is not a meaningful indicator of injury for this particular industry. The high level of inventories at the end of each year is linked to the fact that the harvest and the canning typically end in October each year. Stocks are therefore goods awaiting dispatching during the period from November to July. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Closing stock (tonnes) | 193 834 | 189 741 | 136 703 | 133 884 | 88 108 |
| Index (2008 = 100) | 100 | 98 | 71 | 69 | 45 |
| Source: | Investigation |

(101)

The level of closing stocks of the Union industry has been continuously decreasing over the period considered. It decreased by 2 % in 2009, by 27 percentage points in 2010, by 2 percentage points in 2011 and further by 24 percentage points during the RIP. However, it should be noted that the level of inventories is not a meaningful indicator of injury for this particular industry. The high level of inventories at the end of each year is linked to the fact that the harvest and the canning typically end in October each year. Stocks are therefore goods awaiting dispatching during the period from November to July.

2008

2009

2010

2011

RIP

Closing stock (tonnes)

193 834

189 741

136 703

133 884

88 108

Index (2008 = 100)

Index (2008 = 100)

100

100

98

98

71

71

69

69

45

45

Source:

Source:

Investigation

(b)   Wages

Wages

| (102) | Between 2008 and the RIP, labour costs decreased by 7 %. Specifically, they decreased by 16 % in 2009, by a further 1 percentage point in 2010 and increased by 10 percentage points during 2011/RIP. The overall decrease over the period considered was driven by the decrease in employment. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Annual labour cost (EUR) | 34 343 788 | 28 850 250 | 28 370 188 | 31 952 596 | 31 923 505 |
| Index (2008 = 100) | 100 | 84 | 83 | 93 | 93 |
| Source: | Investigation |

(102)

Between 2008 and the RIP, labour costs decreased by 7 %. Specifically, they decreased by 16 % in 2009, by a further 1 percentage point in 2010 and increased by 10 percentage points during 2011/RIP. The overall decrease over the period considered was driven by the decrease in employment.

2008

2009

2010

2011

RIP

Annual labour cost (EUR)

34 343 788

28 850 250

28 370 188

31 952 596

31 923 505

Index (2008 = 100)

Index (2008 = 100)

100

100

84

84

83

83

93

93

93

93

Source:

Source:

Investigation

(c)   Profitability and return on investments

Profitability and return on investments

| (103) | During the period considered, the profitability of the Union industry’s sales of products intended for retailer’s brand, expressed as a percentage of net sales, declined from a profit of 5,6 % in 2008 to a loss of 5,4 % in the RIP. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Profitability of Union (retailer’s brand) (% of net sales) | 5,6 | 9,6 | –3,3 | –8,2 | –5,4 |
| Index (2008 = 100) | 100 | 169 | –59 | – 145 | –95 |
| Profitability of Union (own and retailer’s brand) (% of net sales) | 8,5 | 10,8 | 0,7 | –0,5 | 1,6 |
| Index (2008 = 100) | 100 | 127 | 8 | –6 | 19 |
| ROI (own and retailer’s brand) (profit in % of the net book value of investment) | 24,3 | 40,4 | 2,9 | –3,0 | 4,4 |
| Index (2008 = 100) | 100 | 166 | 12 | –13 | 18 |
| Source: | Investigation |

(103)

During the period considered, the profitability of the Union industry’s sales of products intended for retailer’s brand, expressed as a percentage of net sales, declined from a profit of 5,6 % in 2008 to a loss of 5,4 % in the RIP.

2008

2009

2010

2011

RIP

Profitability of Union (retailer’s brand) (% of net sales)

5,6

9,6

–3,3

–8,2

–5,4

Index (2008 = 100)

Index (2008 = 100)

100

100

169

169

–59

–59

– 145

– 145

–95

–95

Profitability of Union (own and retailer’s brand) (% of net sales)

8,5

10,8

0,7

–0,5

1,6

Index (2008 = 100)

Index (2008 = 100)

100

100

127

127

8

8

–6

–6

19

19

ROI (own and retailer’s brand) (profit in % of the net book value of investment)

24,3

40,4

2,9

–3,0

4,4

Index (2008 = 100)

Index (2008 = 100)

100

100

166

166

12

12

–13

–13

18

18

Source:

Source:

Investigation

| (104) | The profitability of the Union industry’s sales of products intended for both own brand and retailer’s brand also declined from 8,5 % in 2008 to 1,6 % in the RIP. The decline is thus less steep than for sales under retailer’s brand alone. The decrease in profitability is explained by the fact that sales prices over the period considered decreased by 3 % whereas production costs (predominantly unprocessed sweetcorn and cans) increased by 5 % over the same period. Clearly, the Union industry has not been in a position to pass on the increased production cost to its customers. |
| --- | --- |

(104)

The profitability of the Union industry’s sales of products intended for both own brand and retailer’s brand also declined from 8,5 % in 2008 to 1,6 % in the RIP. The decline is thus less steep than for sales under retailer’s brand alone. The decrease in profitability is explained by the fact that sales prices over the period considered decreased by 3 % whereas production costs (predominantly unprocessed sweetcorn and cans) increased by 5 % over the same period. Clearly, the Union industry has not been in a position to pass on the increased production cost to its customers.

| (105) | The return on investments (‘ROI’), expressed as the profit (for both own and retailer’s brand) as a percentage of the net book value of investments, broadly followed the profitability trend. It declined from a level of around 24,3 % in 2008 to 4,4 % in the RIP, thus decreasing by 82 % over the period considered. |
| --- | --- |

(105)

The return on investments (‘ROI’), expressed as the profit (for both own and retailer’s brand) as a percentage of the net book value of investments, broadly followed the profitability trend. It declined from a level of around 24,3 % in 2008 to 4,4 % in the RIP, thus decreasing by 82 % over the period considered.

(d)   Cash flow and ability to raise capital

Cash flow and ability to raise capital

| (106) | The net cash flow from operating activities stood at around EUR 27 000 in 2008. It increased to around EUR 23 million in 2009 and to around EUR 58 million in 2010 before decreasing again to around EUR 8 million in 2011. From 2011 to the RIP it increased to around EUR 11 million. None of the cooperating Union producers indicated that they experienced difficulties to raise capital. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Cash flow (own and retailer’s brand) (EUR) | 26 698 | 23 239 572 | 58 654 064 | 7 845 330 | 11 077 815 |
| Index (2008 = 100) | 100 | 87 047 | 219 698 | 29 386 | 41 494 |
| Source: | Investigation |

(106)

The net cash flow from operating activities stood at around EUR 27 000 in 2008. It increased to around EUR 23 million in 2009 and to around EUR 58 million in 2010 before decreasing again to around EUR 8 million in 2011. From 2011 to the RIP it increased to around EUR 11 million. None of the cooperating Union producers indicated that they experienced difficulties to raise capital.

2008

2009

2010

2011

RIP

Cash flow (own and retailer’s brand) (EUR)

26 698

23 239 572

58 654 064

7 845 330

11 077 815

Index (2008 = 100)

Index (2008 = 100)

100

100

87 047

87 047

219 698

219 698

29 386

29 386

41 494

41 494

Source:

Source:

Investigation

(e)   Investments

Investments

| (107) | The Union industry’s annual investments in the production of the like product increased by 45 % from 2008 to 2009, decreased by 34 percentage points from 2009 to 2010, increased by 57 percentage points in 2011 and finally decreased by 4 percentage points from 2011 to the RIP. All in all, over the period considered, investment increased by 64 %, which was intended for the maintenance and renewal of existing equipment and not for capacity increase purposes. | 2008 | 2009 | 2010 | 2011 | RIP |
| --- | --- | --- | --- | --- | --- | --- |
| Net investments (EUR) | 6 590 078 | 9 545 749 | 7 329 354 | 11 093 136 | 10 802 751 |
| Index (2008 = 100) | 100 | 145 | 111 | 168 | 164 |
| Source: | Investigation |

(107)

The Union industry’s annual investments in the production of the like product increased by 45 % from 2008 to 2009, decreased by 34 percentage points from 2009 to 2010, increased by 57 percentage points in 2011 and finally decreased by 4 percentage points from 2011 to the RIP. All in all, over the period considered, investment increased by 64 %, which was intended for the maintenance and renewal of existing equipment and not for capacity increase purposes.

2008

2009

2010

2011

RIP

Net investments (EUR)

6 590 078

9 545 749

7 329 354

11 093 136

10 802 751

Index (2008 = 100)

Index (2008 = 100)

100

100

145

145

111

111

168

168

164

164

Source:

Source:

Investigation

4.   Conclusion on injury

Conclusion on injury

| (108) | A number of indicators developed negatively between 2008 and the RIP. Return on investment declined, production volumes decreased by 8 %, production capacity decreased by 9 %, and employment decreased by 11 %. With respect to lower production levels, it is noted that crop yields in 2008 was better than expected and led to higher output for the Union industry in the same year. During the same period, imports from Thailand (which are primarily invoiced in USD) became more attractive because of a weaker USD. This increase in both Union and Thai sweetcorn supply coincided with the economic and financial crisis in the Union which had an impact on consumption. As a result, the increased Union production could not be entirely sold on the Union market. This led to a reduced production level and de-stocking in the following years but cannot explain fully the injury suffered. |
| --- | --- |

(108)

A number of indicators developed negatively between 2008 and the RIP. Return on investment declined, production volumes decreased by 8 %, production capacity decreased by 9 %, and employment decreased by 11 %. With respect to lower production levels, it is noted that crop yields in 2008 was better than expected and led to higher output for the Union industry in the same year. During the same period, imports from Thailand (which are primarily invoiced in USD) became more attractive because of a weaker USD. This increase in both Union and Thai sweetcorn supply coincided with the economic and financial crisis in the Union which had an impact on consumption. As a result, the increased Union production could not be entirely sold on the Union market. This led to a reduced production level and de-stocking in the following years but cannot explain fully the injury suffered.

| (109) | The profitability of the Union industry’s sales of sweetcorn (both own and retailer’s brand) decreased significantly over the period considered. The retailer-branded segment, where the Union industry has to face competition from Thai imports, is clearly loss-making (profitability declined from a profit of more than 5 % in 2008 to a loss of more than 5 % during the RIP). The Union producers decreased their sales prices on the Union market by 3 % and managed to re-gain market share at the expense of their profitability. The industry needs the retailer-branded sales as there is no sufficient demand for own brand and given that the retailer-branded sales represent around 60 % of the total sales value, the overall profitability decreased from 8,5 % to 1,6 % over the period considered. |
| --- | --- |

(109)

The profitability of the Union industry’s sales of sweetcorn (both own and retailer’s brand) decreased significantly over the period considered. The retailer-branded segment, where the Union industry has to face competition from Thai imports, is clearly loss-making (profitability declined from a profit of more than 5 % in 2008 to a loss of more than 5 % during the RIP). The Union producers decreased their sales prices on the Union market by 3 % and managed to re-gain market share at the expense of their profitability. The industry needs the retailer-branded sales as there is no sufficient demand for own brand and given that the retailer-branded sales represent around 60 % of the total sales value, the overall profitability decreased from 8,5 % to 1,6 % over the period considered.

| (110) | Some indicators suggest that thanks to the measures in place the industry regained its position. The volume of Thai imports and their corresponding market share nearly halved, from 12 % in 2008 to only 6 % in the RIP. The Union industry’s market share increased from 83 % in 2008 to 90 % in the RIP. Moreover, during the RIP, the average prices of the Thai imports did not undercut those of the Union industry, but at the same time they have prevented the Union industry from passing on cost increases to customers. Also other indicators marked positive development. Capacity utilisation increased by 2 % over the period considered and was rather high at 77 % during the RIP. The volume of the Union industry’s retailer-branded sales, which are in direct competition with Thai imports, increased by 31 % and total sales for both segments combined increased by 19 %. Investment increased by 64 %. Those factors suggest that the industry was able to recover. However, it was not able to reach satisfactory profitability levels to maintain a substantial market share on a market where only the Union industry and Thai imports compete (imports from other third countries are dispersed and insignificant). |
| --- | --- |

(110)

Some indicators suggest that thanks to the measures in place the industry regained its position. The volume of Thai imports and their corresponding market share nearly halved, from 12 % in 2008 to only 6 % in the RIP. The Union industry’s market share increased from 83 % in 2008 to 90 % in the RIP. Moreover, during the RIP, the average prices of the Thai imports did not undercut those of the Union industry, but at the same time they have prevented the Union industry from passing on cost increases to customers. Also other indicators marked positive development. Capacity utilisation increased by 2 % over the period considered and was rather high at 77 % during the RIP. The volume of the Union industry’s retailer-branded sales, which are in direct competition with Thai imports, increased by 31 % and total sales for both segments combined increased by 19 %. Investment increased by 64 %. Those factors suggest that the industry was able to recover. However, it was not able to reach satisfactory profitability levels to maintain a substantial market share on a market where only the Union industry and Thai imports compete (imports from other third countries are dispersed and insignificant).

| (111) | The competition situation on the Union market is indeed delicate. On the one hand, for one part of the market – the own-branded segment – the Union industry does not face outside competition. The negotiating power of brand owners vis-à-vis retailers is strong. Indeed, they are price-setters. The market is also consolidated with the four sampled producers holding 54 % of the market share. On the other hand, the retailers have the upper hand in the segment of private brands. Due to outside competition and competition within the Union, prices are constantly under pressure. As a result, it is more difficult for Union producers to pass on production cost increases (predominantly sweetcorn or cans) to their customers (production costs of the Union industry have increased by 5 % over the period considered) due to the price pressure exercised by Thai imports. |
| --- | --- |

(111)

The competition situation on the Union market is indeed delicate. On the one hand, for one part of the market – the own-branded segment – the Union industry does not face outside competition. The negotiating power of brand owners vis-à-vis retailers is strong. Indeed, they are price-setters. The market is also consolidated with the four sampled producers holding 54 % of the market share. On the other hand, the retailers have the upper hand in the segment of private brands. Due to outside competition and competition within the Union, prices are constantly under pressure. As a result, it is more difficult for Union producers to pass on production cost increases (predominantly sweetcorn or cans) to their customers (production costs of the Union industry have increased by 5 % over the period considered) due to the price pressure exercised by Thai imports.

| (112) | Clearly, the Union industry has been able to increase its market share by favouring volumes over prices. However, it cannot be ignored that for a majority of its sweetcorn business (the retailer’s brand) it has not been able to recover its costs. Therefore, it can be concluded that the situation of the Union industry is still vulnerable and fragile. |
| --- | --- |

(112)

Clearly, the Union industry has been able to increase its market share by favouring volumes over prices. However, it cannot be ignored that for a majority of its sweetcorn business (the retailer’s brand) it has not been able to recover its costs. Therefore, it can be concluded that the situation of the Union industry is still vulnerable and fragile.

| (113) | Several parties have commented that the Union industry has recovered given that a number of indicators have improved and, in particular, in view of the Union industry’s high market share and the negative undercutting. |
| --- | --- |

(113)

Several parties have commented that the Union industry has recovered given that a number of indicators have improved and, in particular, in view of the Union industry’s high market share and the negative undercutting.

| (114) | It is recognised that the injury picture of the Union industry is mixed. The anti-dumping measures have partially achieved their objective by removing some of the injury suffered by the Union industry as a consequence of dumped imports from Thailand. However, on balance, in particular taking into account the low and decreasing profitability, the situation of the Union industry is still fragile. |
| --- | --- |

(114)

It is recognised that the injury picture of the Union industry is mixed. The anti-dumping measures have partially achieved their objective by removing some of the injury suffered by the Union industry as a consequence of dumped imports from Thailand. However, on balance, in particular taking into account the low and decreasing profitability, the situation of the Union industry is still fragile.

| (115) | Negative undercutting and a strong market share of the Union industry do not automatically point to lack of injury. The situation of continued dumped imports from Thailand (with dumping margins of up to 44 %) has resulted in price suppression on the Union market. The Union industry, in an attempt to regain lost market share, has kept prices down which has resulted in a deterioration of profitability. |
| --- | --- |

(115)

Negative undercutting and a strong market share of the Union industry do not automatically point to lack of injury. The situation of continued dumped imports from Thailand (with dumping margins of up to 44 %) has resulted in price suppression on the Union market. The Union industry, in an attempt to regain lost market share, has kept prices down which has resulted in a deterioration of profitability.

| (116) | One interested party claimed that the injury assessment should be based on the Union industry’s overall performance and not on the performance of one segment of the market. |
| --- | --- |

(116)

One interested party claimed that the injury assessment should be based on the Union industry’s overall performance and not on the performance of one segment of the market.

| (117) | In line with the original investigation, the injury assessment has been based on the Union industry’s overall performance (own brand + retailer’s brand) as well as, for a number of injury indicators (profitability, sales volume and sales prices) on the retailer’s brand. There are no changed circumstances which would justify a deviation from this methodology, which remains valid for assessing the situation of the Union industry. As mentioned in recitals 84 and 85, the sweetcorn market is still characterised by two sales channels and all imports from the cooperating Thai exporters pertained to the retailer’s brand channel. In addition, even if only the Union industry’s overall performance were taken into account, in view of the low and decreasing profitability, it would not alter the conclusion that the Union industry is in a fragile situation. Based on the above considerations, the claim is rejected. |
| --- | --- |

(117)

In line with the original investigation, the injury assessment has been based on the Union industry’s overall performance (own brand + retailer’s brand) as well as, for a number of injury indicators (profitability, sales volume and sales prices) on the retailer’s brand. There are no changed circumstances which would justify a deviation from this methodology, which remains valid for assessing the situation of the Union industry. As mentioned in recitals 84 and 85, the sweetcorn market is still characterised by two sales channels and all imports from the cooperating Thai exporters pertained to the retailer’s brand channel. In addition, even if only the Union industry’s overall performance were taken into account, in view of the low and decreasing profitability, it would not alter the conclusion that the Union industry is in a fragile situation. Based on the above considerations, the claim is rejected.

| (118) | Two interested parties claimed that the inability of the Union industry may well result from competition within the Union. |
| --- | --- |

(118)

Two interested parties claimed that the inability of the Union industry may well result from competition within the Union.

| (119) | However, the situation on the Union market with regard to competition is not fundamentally different from the situation in the period considered in the original investigation (two sales channels, around 20 Union producers). Nevertheless, in 2002, before Thai exports started to enter the Union market at dumped prices, the Union industry achieved a profit level of more than 20 % overall (own brand + retailer’s brand) and 17 % on the retailer’s brand. This demonstrates that competition in the Union is not preventing the Union industry from achieving healthy profit margins. It is rather the continued presence of dumped imports and the resulting price suppression that prevents the Union industry from increasing its prices. |
| --- | --- |

(119)

However, the situation on the Union market with regard to competition is not fundamentally different from the situation in the period considered in the original investigation (two sales channels, around 20 Union producers). Nevertheless, in 2002, before Thai exports started to enter the Union market at dumped prices, the Union industry achieved a profit level of more than 20 % overall (own brand + retailer’s brand) and 17 % on the retailer’s brand. This demonstrates that competition in the Union is not preventing the Union industry from achieving healthy profit margins. It is rather the continued presence of dumped imports and the resulting price suppression that prevents the Union industry from increasing its prices.

F.   LIKELIHOOD OF RECURRENCE OF INJURY

LIKELIHOOD OF RECURRENCE OF INJURY

| (120) | On the basis of the above-mentioned trends, it appears that the anti-dumping measures have partially achieved their intended result of removing injury suffered by the Union producers. On the other hand, as evidenced by the negative development of a number of injury indicators, the industry is still in a vulnerable and fragile situation. |
| --- | --- |

(120)

On the basis of the above-mentioned trends, it appears that the anti-dumping measures have partially achieved their intended result of removing injury suffered by the Union producers. On the other hand, as evidenced by the negative development of a number of injury indicators, the industry is still in a vulnerable and fragile situation.

| (121) | As mentioned above, Thai exporters do have the spare capacity to increase their exports very rapidly. In addition, Thai trade statistics confirm that Thailand has exported around 140 000 tonnes to third countries in 2011, which is about 7 times the Thai export volume to the Union. Given the more lucrative prices on the Union market compared to some third country markets, it is likely that significant quantities currently exported to those countries will be re-directed to the Union market in the event of the anti-dumping measures being allowed to lapse. Such an abrupt development was already observed in the original investigation, when the market share of Union imports from Thailand nearly doubled in only three years, i.e. from 6,8 % in 2002 to 12,7 % in 2005. |
| --- | --- |

(121)

As mentioned above, Thai exporters do have the spare capacity to increase their exports very rapidly. In addition, Thai trade statistics confirm that Thailand has exported around 140 000 tonnes to third countries in 2011, which is about 7 times the Thai export volume to the Union. Given the more lucrative prices on the Union market compared to some third country markets, it is likely that significant quantities currently exported to those countries will be re-directed to the Union market in the event of the anti-dumping measures being allowed to lapse. Such an abrupt development was already observed in the original investigation, when the market share of Union imports from Thailand nearly doubled in only three years, i.e. from 6,8 % in 2002 to 12,7 % in 2005.

| (122) | Therefore, on the basis of the above, it can be concluded that there is a likelihood of recurrence of injury in the event of the measures being repealed. |
| --- | --- |

(122)

Therefore, on the basis of the above, it can be concluded that there is a likelihood of recurrence of injury in the event of the measures being repealed.

| (123) | Several interested parties have expressed doubts about the conclusion of likelihood of recurrence of injury. It is claimed in particular that a 5 % price difference between the Union and third country markets is too small to re-direct sweetcorn exports to the Union market. This argument is already addressed in recital 61. In addition, it is claimed that sweetcorn is not a commodity which could easily be switched between markets. This argument has however not been substantiated, and does not correspond to the findings of this investigation. |
| --- | --- |

(123)

Several interested parties have expressed doubts about the conclusion of likelihood of recurrence of injury. It is claimed in particular that a 5 % price difference between the Union and third country markets is too small to re-direct sweetcorn exports to the Union market. This argument is already addressed in recital 61. In addition, it is claimed that sweetcorn is not a commodity which could easily be switched between markets. This argument has however not been substantiated, and does not correspond to the findings of this investigation.

| (124) | Although the likelihood of recurrence of injury is a prospective assessment, it is based on the facts mentioned in recital 121. Therefore, the claim is rejected. |
| --- | --- |

(124)

Although the likelihood of recurrence of injury is a prospective assessment, it is based on the facts mentioned in recital 121. Therefore, the claim is rejected.

G.   UNION INTEREST

UNION INTEREST

| (125) | In accordance with Article 21 of the basic Regulation it was examined whether the maintenance of the existing anti-dumping measures would be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of all the various interests involved. All interested parties were given the opportunity to make their views known pursuant of Article 21(2) of the basic Regulation. |
| --- | --- |

(125)

In accordance with Article 21 of the basic Regulation it was examined whether the maintenance of the existing anti-dumping measures would be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of all the various interests involved. All interested parties were given the opportunity to make their views known pursuant of Article 21(2) of the basic Regulation.

1.   Interest of the Union industry

Interest of the Union industry

| (126) | As mentioned above, the Union industry is still in a somewhat fragile and vulnerable situation. It would use the relief of a continuation of the measures to increase its sales prices (in particular for the retailer’s brand) in order to recover its increased production costs. This would allow the industry to improve its financial situation. |
| --- | --- |

(126)

As mentioned above, the Union industry is still in a somewhat fragile and vulnerable situation. It would use the relief of a continuation of the measures to increase its sales prices (in particular for the retailer’s brand) in order to recover its increased production costs. This would allow the industry to improve its financial situation.

2.   Interest of the retailers and consumers

Interest of the retailers and consumers

| (127) | Cooperation has been sought from more than 40 importers/retailers and two consumer/trading organisations. Only one retailer has cooperated. Its imports represented a small fraction of the total imports from Thailand during the RIP. The share of its sweetcorn-related turnover was negligible compared to its total turnover. In addition, the re-sales of sweetcorn generated a very high profit during the RIP. Those factors suggest that retailers would not be disproportionately affected, even if measures were to be extended. |
| --- | --- |

(127)

Cooperation has been sought from more than 40 importers/retailers and two consumer/trading organisations. Only one retailer has cooperated. Its imports represented a small fraction of the total imports from Thailand during the RIP. The share of its sweetcorn-related turnover was negligible compared to its total turnover. In addition, the re-sales of sweetcorn generated a very high profit during the RIP. Those factors suggest that retailers would not be disproportionately affected, even if measures were to be extended.

| (128) | At the same time, a number of trade associations made submissions and attended a hearing. They claim that anti-dumping measures should be discontinued due to the low and decreasing market share of Thai imports coinciding with the high and increasing market share of the Union industry. |
| --- | --- |

(128)

At the same time, a number of trade associations made submissions and attended a hearing. They claim that anti-dumping measures should be discontinued due to the low and decreasing market share of Thai imports coinciding with the high and increasing market share of the Union industry.

| (129) | As far as consumers are concerned, the average spending in sweetcorn per household is very limited, up to EUR 5 per year. Taking into account the moderate level of the current measures, the effects of the continued imposition of measures would likely be negligible for consumers. |
| --- | --- |

(129)

As far as consumers are concerned, the average spending in sweetcorn per household is very limited, up to EUR 5 per year. Taking into account the moderate level of the current measures, the effects of the continued imposition of measures would likely be negligible for consumers.

| (130) | In light of the above and given the overall low degree of cooperation, it is therefore considered that the situation of retailers and of consumers in the Union is unlikely to be substantially affected by the proposed measures. |
| --- | --- |

(130)

In light of the above and given the overall low degree of cooperation, it is therefore considered that the situation of retailers and of consumers in the Union is unlikely to be substantially affected by the proposed measures.

3.   Risk of supply shortages/competition on the Union market

Risk of supply shortages/competition on the Union market

| (131) | It should first be recalled that the aim of anti-dumping measures is not to stop access into the Union for imports on which the measures are imposed, but to eliminate the impact of distorted market conditions arising from the continued presence of dumped imports. |
| --- | --- |

(131)

It should first be recalled that the aim of anti-dumping measures is not to stop access into the Union for imports on which the measures are imposed, but to eliminate the impact of distorted market conditions arising from the continued presence of dumped imports.

| (132) | The consumption in the Union increased by 9 % during the RIP, reaching around 350 000 tonnes. The Union industry’s capacity has continuously exceeded Union’s demand over the period considered, reaching a level of around 440 000 tonnes in the RIP. There is sufficient competition between Union producers. Operating at a capacity utilisation rate of 77 % during the RIP, it appears that the Union industry has the spare capacity to increase its production further in the event of increased demand. Imports from other third countries, in particular the United States and the People’s Republic of China, can also satisfy part of the demand. As mentioned above, it should be pointed out that the anti-dumping measures are not intended to stop the imports from Thailand into the Union. Taking into account the low level of the measures, it is expected that the Thai imports will continue to account for a certain share on the Union market. |
| --- | --- |

(132)

The consumption in the Union increased by 9 % during the RIP, reaching around 350 000 tonnes. The Union industry’s capacity has continuously exceeded Union’s demand over the period considered, reaching a level of around 440 000 tonnes in the RIP. There is sufficient competition between Union producers. Operating at a capacity utilisation rate of 77 % during the RIP, it appears that the Union industry has the spare capacity to increase its production further in the event of increased demand. Imports from other third countries, in particular the United States and the People’s Republic of China, can also satisfy part of the demand. As mentioned above, it should be pointed out that the anti-dumping measures are not intended to stop the imports from Thailand into the Union. Taking into account the low level of the measures, it is expected that the Thai imports will continue to account for a certain share on the Union market.

| (133) | Given the above considerations, it cannot be concluded that maintaining the anti-dumping measures would likely result in a shortage of supply on the Union market or a restriction of competition on the Union market. |
| --- | --- |

(133)

Given the above considerations, it cannot be concluded that maintaining the anti-dumping measures would likely result in a shortage of supply on the Union market or a restriction of competition on the Union market.

4.   Conclusion on Union interest

Conclusion on Union interest

| (134) | Based on the above, it appears that the negative effects of continuation of measures would be limited and in any case not disproportionate to the benefits of the prolongation of measures for the Union industry. |
| --- | --- |

(134)

Based on the above, it appears that the negative effects of continuation of measures would be limited and in any case not disproportionate to the benefits of the prolongation of measures for the Union industry.

H.   ANTI-DUMPING MEASURES

ANTI-DUMPING MEASURES

| (135) | All parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to submit comments subsequent to that disclosure. The submissions and comments were duly taken into consideration where warranted. |
| --- | --- |

(135)

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

| (136) | It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of certain prepared or preserved sweetcorn in kernels originating in Thailand should be maintained. It is recalled that those measures consist of an ad valorem duty at different rates. |
| --- | --- |

(136)

It follows from the above that, as provided for by Article 11(2) of the basic Regulation, the anti-dumping measures applicable to imports of certain prepared or preserved sweetcorn in kernels originating in Thailand should be maintained. It is recalled that those measures consist of an ad valorem duty at different rates.

ad valorem

| (137) | The individual company anti-dumping duty rates specified in this Regulation are solely applicable to imports of the product concerned produced by those companies and thus by the specific legal entities mentioned. Imports of the product concerned manufactured by any other company not specifically mentioned in the operative part of this Regulation with its name and address, including entities related to those specifically mentioned, cannot benefit from those rates and shall be subject to the duty rate applicable to ‘all other companies’. |
| --- | --- |

(137)

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

| (138) | Any claim requesting the application of those individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (8) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates, |
| --- | --- |

(138)

Any claim requesting the application of those individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (8) forthwith with all relevant information, in particular any modification in the company’s activities linked to production, domestic and export sales associated with, for instance, that name change or that change in the production and sales entities. If appropriate, the Regulation will then be amended accordingly by updating the list of companies benefiting from individual duty rates,

8

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of sweetcorn (Zea mays var. saccharata) in kernels, prepared or preserved by vinegar or acetic acid, not frozen, currently falling within CN code ex 2001 90 30 (TARIC code 2001903010) and sweetcorn (Zea mays var. saccharata) in kernels prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006, currently falling within CN code ex 2005 80 00 (TARIC code 2005800010), originating in Thailand.

2.   The rate of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the products described in paragraph 1 and produced by the companies below shall be as follows:

| Company | Anti-Dumping duty (%) | TARIC additional code |
| --- | --- | --- |
| Karn Corn Co Ltd, 68 Moo 7 Tambol Saentor, Thamaka, Kanchanaburi 71130, Thailand | 3,1 | A789 |
| Kuiburi Fruit Canning Co., Ltd, 236 Krung Thon Muang Kaew Building, Sirindhorn Rd., Bangplad, Bangkok 10700, Thailand | 14,3 | A890 |
| Malee Sampran Public Co., Ltd, Abico Bldg. 401/1 Phaholyothin Rd., Lumlookka, Pathumthani 12130, Thailand | 12,8 | A790 |
| River Kwai International Food Industry Co., Ltd, 52 Thaniya Plaza, 21st Floor, Silom Rd., Bangrak, Bangkok 10500, Thailand | 12,8 | A791 |
| Sun Sweet Co., Ltd, 9 M. 1, Sanpatong, Chiang Mai 50120, Thailand | 11,1 | A792 |
| Cooperating manufacturers listed in Annex | 12,9 | A793 |
| All other companies | 14,3 | A999 |

Company

Anti-Dumping duty (%)

TARIC additional code

Karn Corn Co Ltd, 68 Moo 7 Tambol Saentor, Thamaka, Kanchanaburi 71130, Thailand

3,1

A789

Kuiburi Fruit Canning Co., Ltd, 236 Krung Thon Muang Kaew Building, Sirindhorn Rd., Bangplad, Bangkok 10700, Thailand

14,3

A890

Malee Sampran Public Co., Ltd, Abico Bldg. 401/1 Phaholyothin Rd., Lumlookka, Pathumthani 12130, Thailand

12,8

A790

River Kwai International Food Industry Co., Ltd, 52 Thaniya Plaza, 21st Floor, Silom Rd., Bangrak, Bangkok 10500, Thailand

12,8

A791

Sun Sweet Co., Ltd, 9 M. 1, Sanpatong, Chiang Mai 50120, Thailand

11,1

A792

Cooperating manufacturers listed in Annex

12,9

A793

All other companies

14,3

A999

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

Article 2

Article 1(2) may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 12,9 % where any new exporting producer in Thailand provides sufficient evidence to the Commission that:

| (a) | it did not export to the Union the product described in Article 1(1) during the review investigation period (1 April 2011 to 30 March 2012); |
| --- | --- |

(a)

it did not export to the Union the product described in Article 1(1) during the review investigation period (1 April 2011 to 30 March 2012);

| (b) | it is not related to any of the exporters or producers in Thailand which are subject to the measures imposed by this Regulation; and |
| --- | --- |

(b)

it is not related to any of the exporters or producers in Thailand which are subject to the measures imposed by this Regulation; and

| (c) | it has actually exported to the Union the product concerned after the review investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union. |
| --- | --- |

(c)

it has actually exported to the Union the product concerned after the review investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.

Article 3

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, 2 September 2013.

For the Council

The President

L. LINKEVIČIUS

---

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

1

(2)  Council Regulation (EC) No 682/2007 of 18 June 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand (OJ L 159, 20.6.2007, p. 14).

2

(3)  Council Regulation (EC) No 954/2008 of 25 September 2008 amending Regulation (EC) No 682/2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand (OJ L 260, 30.9.2008, p. 1).

3

(4)  Commission Decision 2007/424/EC of 18 June 2007 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of certain prepared or preserved sweet corn in kernels originating in Thailand (OJ L 159, 20.6.2007, p. 42).

4

(5)  Council Regulation (EC) No 847/2009 of 15 September 2009 amending Regulation (EC) No 682/2007 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand (OJ L 246, 18.9.2009, p. 1).

5

(6)  
  OJ C 258, 2.9.2011, p. 11.

6

(7)  
  OJ C 175, 19.6.2012, p. 22.

7

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

8

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ANNEX

List of the cooperating manufacturers referred to in Article 1(2) under TARIC additional code A793

| Name | Address |
| --- | --- |
| Agro-On (Thailand) Co., Ltd | 50/499-500 Moo 6 Baan Mai, Pakkret, Monthaburi 11120, Thailand |
| B.N.H. Canning Co., Ltd | 425/6-7 Sathorn Place Bldg., Klongtonnesai, Kongsan Bangkok 10600, Thailand |
| Boonsith Enterprise Co., Ltd | 7/4 M.2, Soi Chomthong 13, Chomthong Rd., Chomthong, Bangkok 10150, Thailand |
| Erawan Food Public Company Limited | Panjathani Tower 16th floor, 127/21 Nonsee Rd., Chongnonsee, Yannawa, Bangkok 10120, Thailand |
| Great Oriental Food Products Co., Ltd | 888/127 Panuch Village Soi Thanaphol 2, Samsen-Nok, Huaykwang, Bangkok 10310, Thailand |
| Lampang Food Products Co., Ltd | 22K Building, Soi Sukhumvit 35, Klongton Nua, Wattana, Bangkok 10110, Thailand |
| O.V. International Import-Export Co., Ltd | 121/320 Soi Ekachai 66/6, Bangborn, Bangkok 10500, Thailand |
| Pan Inter Foods Co., Ltd | 400 Sunphavuth Rd, Bangna, Bangkok 10260, Thailand |
| Siam Food Products Public Co., Ltd | 3195/14 Rama IV Road, Vibulthani Tower 1, 9th Fl., Klong Toey, Bangkok, 10110 Thailand |
| Viriyah Food Processing Co., Ltd | 100/48 Vongvanij B Bldg, 18th Fl, Praram 9 Rd., Huay Kwang, Bangkok 10310 Thailand |
| Vita Food Factory (1989) Ltd | 89 Arunammarin Rd., Banyikhan, Bangplad, Bangkok 10700, Thailand |

Name

Address

Agro-On (Thailand) Co., Ltd

50/499-500 Moo 6 Baan Mai, Pakkret, Monthaburi 11120, Thailand

B.N.H. Canning Co., Ltd

425/6-7 Sathorn Place Bldg., Klongtonnesai, Kongsan Bangkok 10600, Thailand

Boonsith Enterprise Co., Ltd

7/4 M.2, Soi Chomthong 13, Chomthong Rd., Chomthong, Bangkok 10150, Thailand

Erawan Food Public Company Limited

Panjathani Tower 16th floor, 127/21 Nonsee Rd., Chongnonsee, Yannawa, Bangkok 10120, Thailand

Great Oriental Food Products Co., Ltd

888/127 Panuch Village Soi Thanaphol 2, Samsen-Nok, Huaykwang, Bangkok 10310, Thailand

Lampang Food Products Co., Ltd

22K Building, Soi Sukhumvit 35, Klongton Nua, Wattana, Bangkok 10110, Thailand

O.V. International Import-Export Co., Ltd

121/320 Soi Ekachai 66/6, Bangborn, Bangkok 10500, Thailand

Pan Inter Foods Co., Ltd

400 Sunphavuth Rd, Bangna, Bangkok 10260, Thailand

Siam Food Products Public Co., Ltd

3195/14 Rama IV Road, Vibulthani Tower 1, 9th Fl., Klong Toey, Bangkok, 10110 Thailand

Viriyah Food Processing Co., Ltd

100/48 Vongvanij B Bldg, 18th Fl, Praram 9 Rd., Huay Kwang, Bangkok 10310 Thailand

Vita Food Factory (1989) Ltd

89 Arunammarin Rd., Banyikhan, Bangplad, Bangkok 10700, Thailand

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| 13.9.2013 | EN | Official Journal of the European Union | L 244/19 |
| --- | --- | --- | --- |

13.9.2013

EN

Official Journal of the European Union

L 244/19

---

COMMISSION DELEGATED REGULATION (EU) No 876/2013

of 28 May 2013

supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on colleges for central counterparties

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (1), and in particular Article 18(6) thereof,

Whereas:

| (1) | In order to ensure a consistent and coherent functioning of colleges across the Union it is necessary to specify the arrangements for the participation in the colleges for CCPs to facilitate the exercise of the tasks specified in Regulation (EU) No 648/2012. |
| --- | --- |

(1)

In order to ensure a consistent and coherent functioning of colleges across the Union it is necessary to specify the arrangements for the participation in the colleges for CCPs to facilitate the exercise of the tasks specified in Regulation (EU) No 648/2012.

| (2) | The exclusion of a central bank of issue of a relevant Union currency of financial instruments cleared in the CCP does not affect the rights of such central bank of issue to request and receive information in accordance with Article 18(3) and Article 84 of Regulation (EU) No 648/2012. |
| --- | --- |

(2)

The exclusion of a central bank of issue of a relevant Union currency of financial instruments cleared in the CCP does not affect the rights of such central bank of issue to request and receive information in accordance with Article 18(3) and Article 84 of Regulation (EU) No 648/2012.

| (3) | The activity of a CCP may be relevant for a particular central bank of issue in view of the volumes cleared in the currency issued by such central bank. However, the relevance of a currency for the participation of a central bank of issue in the college of the CCP should be determined by the share represented by that currency from among the CCP’s average open cleared positions, in order to maintain a proportionate size of the college. |
| --- | --- |

(3)

The activity of a CCP may be relevant for a particular central bank of issue in view of the volumes cleared in the currency issued by such central bank. However, the relevance of a currency for the participation of a central bank of issue in the college of the CCP should be determined by the share represented by that currency from among the CCP’s average open cleared positions, in order to maintain a proportionate size of the college.

| (4) | To ensure college meetings achieve an effective result, the objectives of any meeting or activity of the college should be clearly identified by the competent authority of the CCP, in consultation with the college members. Those objectives should be circulated well in advance to the participants together with documentation prepared by the CCP’s competent authority or by other members of the college, so as to create effective discussion. |
| --- | --- |

(4)

To ensure college meetings achieve an effective result, the objectives of any meeting or activity of the college should be clearly identified by the competent authority of the CCP, in consultation with the college members. Those objectives should be circulated well in advance to the participants together with documentation prepared by the CCP’s competent authority or by other members of the college, so as to create effective discussion.

| (5) | The function of colleges is to facilitate the exercise of the tasks specified in Regulation (EU) No 648/2012, and the tasks assigned to college members as well as their composition, establishment and management of colleges have been articulated by the legislator in the Regulation as legal obligations and, therefore, they are binding and directly applicable in all Members States. For the practical functioning of a college a written agreement should be adopted by the members of that college. In order to ensure the use of standard written agreements across CCP colleges, incorporating best practice on college operations, consistent approaches by competent authorities, and to facilitate the swift establishment of CCP colleges within the deadline established by Article 18(1) of Regulation (EU) No 648/2012, ESMA should issue guidelines and recommendations in accordance with the procedure laid down in Article 16 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (2). |
| --- | --- |

(5)

The function of colleges is to facilitate the exercise of the tasks specified in Regulation (EU) No 648/2012, and the tasks assigned to college members as well as their composition, establishment and management of colleges have been articulated by the legislator in the Regulation as legal obligations and, therefore, they are binding and directly applicable in all Members States. For the practical functioning of a college a written agreement should be adopted by the members of that college. In order to ensure the use of standard written agreements across CCP colleges, incorporating best practice on college operations, consistent approaches by competent authorities, and to facilitate the swift establishment of CCP colleges within the deadline established by Article 18(1) of Regulation (EU) No 648/2012, ESMA should issue guidelines and recommendations in accordance with the procedure laid down in Article 16 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (2).

| (6) | Nothing in this act should prejudice the power of the Commission to launch infringement proceedings in accordance with Article 258 of the TFEU, as well as the actions provided for in Article 265 and Article 271(d) of the TFEU. |
| --- | --- |

(6)

Nothing in this act should prejudice the power of the Commission to launch infringement proceedings in accordance with Article 258 of the TFEU, as well as the actions provided for in Article 265 and Article 271(d) of the TFEU.

| (7) | To ensure the timely and up-to-date exchange of information amongst college members, the college should meet regularly and allow the opportunity for college members to discuss and provide input to the competent authority’s review of the arrangements, strategy, process and mechanism employed by the CCP to comply with Regulation (EU) No 648/2012, as well as to discuss the competent authority’s evaluation of the risks to which the CCP is, or may be, exposed and that it could pose. |
| --- | --- |

(7)

To ensure the timely and up-to-date exchange of information amongst college members, the college should meet regularly and allow the opportunity for college members to discuss and provide input to the competent authority’s review of the arrangements, strategy, process and mechanism employed by the CCP to comply with Regulation (EU) No 648/2012, as well as to discuss the competent authority’s evaluation of the risks to which the CCP is, or may be, exposed and that it could pose.

| (8) | To ensure all the views of the college members are duly taken into account, the competent authority should do its utmost to ensure that any disagreement among authorities that are to become members of a college are resolved before finalising the written agreement for the establishment and functioning of the college. ESMA should facilitate the finalisation of the agreement through its mediation role, where appropriate. |
| --- | --- |

(8)

To ensure all the views of the college members are duly taken into account, the competent authority should do its utmost to ensure that any disagreement among authorities that are to become members of a college are resolved before finalising the written agreement for the establishment and functioning of the college. ESMA should facilitate the finalisation of the agreement through its mediation role, where appropriate.

| (9) | This Regulation is based on the draft regulatory technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission. |
| --- | --- |

(9)

This Regulation is based on the draft regulatory technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission.

| (10) | ESMA has consulted, where relevant, the European Banking Authority (EBA), the European Systemic Risk Board and the members of the European System of Central Banks (ESCB) before submitting the draft technical standards on which this Regulation is based. In accordance with Article 10 of Regulation (EU) No 1095/2010, ESMA has conducted open public consultations on such draft regulatory technical standards, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010, |
| --- | --- |

(10)

ESMA has consulted, where relevant, the European Banking Authority (EBA), the European Systemic Risk Board and the members of the European System of Central Banks (ESCB) before submitting the draft technical standards on which this Regulation is based. In accordance with Article 10 of Regulation (EU) No 1095/2010, ESMA has conducted open public consultations on such draft regulatory technical standards, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010,

HAS ADOPTED THIS REGULATION:

Article 1

Determination of most relevant currencies

1.   The most relevant Union currencies shall be identified on the basis of the relative share of each currency in the CCP’s average end-of-day open positions across all financial instruments cleared by the CCP, calculated over a period of one year.

2.   The most relevant Union currencies shall be the three currencies with the highest relative share calculated in accordance with paragraph 1, provided that each individual share exceeds 10 %.

3.   The calculation of the relative share of the currencies shall be calculated on an annual basis.

Article 2

The operational organisation of colleges

1.   After assessing that an application is complete as referred to in Article 17(3) of Regulation (EU) No 648/2012, the CCP’s competent authority shall circulate a proposal for the written agreement under Article 18(5) of Regulation (EU) No 648/2012 to the members of the college determined in accordance with Article 18(2) of Regulation (EU) No 648/2012. That written agreement shall include a process for annual review. It shall also include an amendment process whereby changes may be initiated at any time by the CCP’s competent authority or by other members of the college, subject to approval by the college in accordance with the procedure set out in this Article.

2.   Where the members of the college referred to in paragraph 1 do not express any comments within 10 calendar days, the CCP’s competent authority shall proceed with the adoption of the written agreement by the college and with the establishment of the college in accordance with Article 18(1) of Regulation (EU) No 648/2012.

3.   Where the members of the college express comments regarding the proposal for the written agreement circulated pursuant to paragraph 1, they shall submit those comments together with a thorough explanation to the CCP’s competent authority within 10 calendar days. If relevant, the CCP’s competent authority shall prepare a revised proposal and convene a meeting to agree on the final written agreement taking into account the deadline referred to in Article 18(1) of Regulation (EU) No 648/2012.

4.   The college shall be deemed to be established following the adoption of the written agreement.

5.   All members of the college will be bound by the written agreement adopted in accordance with paragraphs 1 to 3 of this Article.

Article 3

Participation in the colleges

1.   Where a request for information is made to a college by a competent authority of a Member State which is not a member of the college in accordance with Article 18(3) of Regulation (EU) No 648/2012, the CCP’s competent authority, after having consulted the college, shall decide on the most appropriate way to provide and request information to and from the authorities that are not members of the college.

2.   Each member of the college shall designate one participant to attend the meetings of the college and may designate one alternate, with the exception of the CCP’s competent authority which may require additional participants who shall have no voting rights.

3.   Where the central bank of issue of one of the most relevant Union currencies corresponds to more than one central bank, the relevant central banks shall determine the single representative who will participate in the college.

4.   Where an authority has the right to participate in the college under more than one of points (c) to (h) of Article 18(2) of Regulation (EU) No 648/2012, it may nominate additional participants who shall have no voting rights.

5.   Where in accordance with this Article there is more than one participant from a college member, or there are more college members belonging to the same Member State than number of votes that can be exercised by those college members in accordance with Article 19(3) of Regulation (EU) No 648/2012, that college member or those college members shall inform the college which participants shall exercise voting rights.

Article 4

Governance of the colleges

1.   The CCP’s competent authority shall ensure that the work of the college facilitates the tasks to be performed in accordance with Regulation (EU) No 648/2012.

2.   The college shall notify ESMA of any tasks that the college performs in accordance with paragraph 1. ESMA shall have a coordination role in monitoring the tasks performed by a college and shall ensure that its objectives are in line with those of other colleges as far as possible.

3.   The CCP’s competent authority, shall at least ensure that:

| (a) | the objectives of any meeting or activity of the college are clearly identified; |
| --- | --- |

(a)

the objectives of any meeting or activity of the college are clearly identified;

| (b) | the college meetings or activities remain effective, while ensuring that all college members are fully informed of the college activities that are relevant to them; |
| --- | --- |

(b)

the college meetings or activities remain effective, while ensuring that all college members are fully informed of the college activities that are relevant to them;

| (c) | the timetable for meetings or activities of the college is defined so that their outcome provides assistance to the supervision of the CCP; |
| --- | --- |

(c)

the timetable for meetings or activities of the college is defined so that their outcome provides assistance to the supervision of the CCP;

| (d) | the CCP and other key stakeholders have a clear understanding of the role and functioning of the college; |
| --- | --- |

(d)

the CCP and other key stakeholders have a clear understanding of the role and functioning of the college;

| (e) | the activities of the college are regularly reviewed and remedial action is taken if the college is not operating effectively; |
| --- | --- |

(e)

the activities of the college are regularly reviewed and remedial action is taken if the college is not operating effectively;

| (f) | the agenda is set for an annual crisis management planning meeting amongst members of the college in cooperation with the CCP if necessary. |
| --- | --- |

(f)

the agenda is set for an annual crisis management planning meeting amongst members of the college in cooperation with the CCP if necessary.

4.   To ensure the efficiency and effectiveness of the college, the CCP’s competent authority shall act as a central point of contact for any matter related to the practical organisation of the college. The CCP’s competent authority shall at least perform the following tasks:

| (a) | draw-up, update and circulate the contact list of college members; |
| --- | --- |

(a)

draw-up, update and circulate the contact list of college members;

| (b) | circulate the agenda as well as documentation for meetings or activities of the college; |
| --- | --- |

(b)

circulate the agenda as well as documentation for meetings or activities of the college;

| (c) | record minutes of the meetings and formalise action points; |
| --- | --- |

(c)

record minutes of the meetings and formalise action points;

| (d) | manage the college website or other electronic information-sharing mechanism, if any; |
| --- | --- |

(d)

manage the college website or other electronic information-sharing mechanism, if any;

| (e) | where practical, provide information and specialised teams where appropriate, to assist the college in its tasks; |
| --- | --- |

(e)

where practical, provide information and specialised teams where appropriate, to assist the college in its tasks;

| (f) | share information in an appropriate manner among members of the college. |
| --- | --- |

(f)

share information in an appropriate manner among members of the college.

5.   The frequency of college meetings shall be determined by the CCP’s competent authority having regard to the CCP’s size, nature, scale and complexity, the systemic implications of the CCP across jurisdictions and currencies, the potential impacts of the activities of the CCP, external circumstances and potential requests by college members. There shall be at least an annual meeting of the college and if deemed necessary by the CCP’s competent authority, a meeting each time that a decision needs to be taken under Regulation (EU) No 648/2012. The CCP’s competent authority shall organise, periodically, meetings between members of the college and the senior management of the CCP.

6.   The written agreement referred to in Article 2 shall specify a quorum of two-thirds for meetings of the college.

7.   The CCP’s competent authority shall endeavour to ensure that each college meeting has a valid quorum for decisions to be taken. In the case that a quorum is not met, the chair shall ensure that any decisions that need to be taken are postponed until a quorum is present, taking into account the relevant time limits set out by Regulation (EU) No 648/2012.

Article 5

Exchange of information among authorities

1.   Each member of a college shall provide, in a timely manner, the CCP’s competent authority with all information necessary for the operational functioning of the college and for the performance of the key activities in which the member participates. The CCP’s competent authority shall provide the members of the college with similar information in a timely manner.

2.   The CCP’s competent authority shall at least provide the following information to the college:

| (a) | significant changes to the structure and ownership of the CCP’s group; |
| --- | --- |

(a)

significant changes to the structure and ownership of the CCP’s group;

| (b) | significant changes in the level of the CCP’s capital; |
| --- | --- |

(b)

significant changes in the level of the CCP’s capital;

| (c) | changes in the organisation, senior management, processes or arrangements when those changes have a significant impact on governance or risk management; |
| --- | --- |

(c)

changes in the organisation, senior management, processes or arrangements when those changes have a significant impact on governance or risk management;

| (d) | a list of clearing members of the CCP; |
| --- | --- |

(d)

a list of clearing members of the CCP;

| (e) | details of the authorities involved in the supervision of the CCP, including any changes in their responsibilities; |
| --- | --- |

(e)

details of the authorities involved in the supervision of the CCP, including any changes in their responsibilities;

| (f) | information on any material threats to the CCP’s ability to comply with Regulation (EU) No 648/2012 and relevant delegated and implementing regulations; |
| --- | --- |

(f)

information on any material threats to the CCP’s ability to comply with Regulation (EU) No 648/2012 and relevant delegated and implementing regulations;

| (g) | difficulties that have potentially significant spill-over effects; |
| --- | --- |

(g)

difficulties that have potentially significant spill-over effects;

| (h) | factors which suggest a potentially high risk of contagion; |
| --- | --- |

(h)

factors which suggest a potentially high risk of contagion;

| (i) | significant developments in the financial position of the CCP; |
| --- | --- |

(i)

significant developments in the financial position of the CCP;

| (j) | early warnings of possible liquidity difficulties, or major fraud; |
| --- | --- |

(j)

early warnings of possible liquidity difficulties, or major fraud;

| (k) | events of member default and any follow-up actions; |
| --- | --- |

(k)

events of member default and any follow-up actions;

| (l) | sanctions and exceptional supervisory measures; |
| --- | --- |

(l)

sanctions and exceptional supervisory measures;

| (m) | reports on performance problems or incidents occurred and remedial actions taken; |
| --- | --- |

(m)

reports on performance problems or incidents occurred and remedial actions taken;

| (n) | regular data on the activity of the CCP, the scope and frequency of which shall be agreed as part of the written agreement described in Article 2; |
| --- | --- |

(n)

regular data on the activity of the CCP, the scope and frequency of which shall be agreed as part of the written agreement described in Article 2;

| (o) | overview of major commercial proposals, including new products or services to be offered; |
| --- | --- |

(o)

overview of major commercial proposals, including new products or services to be offered;

| (p) | changes in the CCP’s risk model, stress testing and back testing; |
| --- | --- |

(p)

changes in the CCP’s risk model, stress testing and back testing;

| (q) | changes in the CCP’s interoperability arrangements, where applicable. |
| --- | --- |

(q)

changes in the CCP’s interoperability arrangements, where applicable.

3.   The exchange of information between the members of the college shall reflect their responsibilities and information needs. To avoid unnecessary information flows, the exchange of information shall be kept proportionate and risk-focused.

4.   The members of the college shall consider the most effective ways of communicating information to ensure continuous, timely and proportionate exchange of information.

5.   The risk assessment report to be prepared by a CCP’s competent authority in accordance with Article 19(1) of Regulation (EU) No 648/2012 report shall be submitted to the college within an appropriate timescale to ensure that college members are able to review it and contribute to it if required.

Article 6

Voluntary sharing and delegation of tasks

1.   College members shall agree upon detailed terms of any specific delegation arrangements and arrangements for the voluntary entrustment of tasks to other members, in particular in the case of delegations which will result in the delegation of a member’s main supervisory tasks.

2.   Parties to specific delegation arrangements and arrangements for the voluntary entrustment of tasks shall agree on detailed terms which cover at least the following topics:

| (a) | the specific activities in clearly specified areas that will be entrusted or delegated; |
| --- | --- |

(a)

the specific activities in clearly specified areas that will be entrusted or delegated;

| (b) | the procedures and processes to be applied; |
| --- | --- |

(b)

the procedures and processes to be applied;

| (c) | the role and the responsibilities of each party; |
| --- | --- |

(c)

the role and the responsibilities of each party;

| (d) | the type of information to be exchanged among the parties. |
| --- | --- |

(d)

the type of information to be exchanged among the parties.

3.   The sharing and delegation of tasks shall not purport to result in a change in the allocation of the decision-making power of the CCP’s competent authority.

Article 7

Entry into force

This Regulation shall enter into force on the twentieth 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, 28 May 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 201, 27.7.2012, p. 1.

1

(2)  
  OJ L 331, 15.12.2010, p. 84.

2

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| 13.9.2013 | EN | Official Journal of the European Union | L 244/23 |
| --- | --- | --- | --- |

13.9.2013

EN

Official Journal of the European Union

L 244/23

---

COMMISSION DELEGATED REGULATION (EU) No 877/2013

of 27 June 2013

supplementing Regulation (EU) No 473/2013 of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (1), and in particular Article 10(3) thereof,

Whereas:

| (1) | Regulation (EU) No 473/2013 sets up a closer monitoring for Member States whose currency is the euro in excessive deficit procedure by means of additional reporting requirements aiming at ensuring prevention and early correction of any deviations from the Council recommendations or decisions to give notice to correct the excessive deficit. |
| --- | --- |

(1)

Regulation (EU) No 473/2013 sets up a closer monitoring for Member States whose currency is the euro in excessive deficit procedure by means of additional reporting requirements aiming at ensuring prevention and early correction of any deviations from the Council recommendations or decisions to give notice to correct the excessive deficit.

| (2) | Such monitoring complements the existing reporting obligations set out in Article 3(4)(a) and Article 5(1)(a) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2) which require that a Member State in excessive deficit procedure subject to a Council recommendation made in accordance with Article 126(7) of the Treaty or a notice made in accordance with Article 126(9) of the Treaty shall report to the Council and the Commission on action taken to correct the excessive deficit. This report shall include the targets for government expenditure and revenue and for the discretionary measures on both the expenditure and the revenue side consistent with the Council’s recommendation, as well as information on the measures taken and the nature of those envisaged to achieve the targets. |
| --- | --- |

(2)

Such monitoring complements the existing reporting obligations set out in Article 3(4)(a) and Article 5(1)(a) of Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (2) which require that a Member State in excessive deficit procedure subject to a Council recommendation made in accordance with Article 126(7) of the Treaty or a notice made in accordance with Article 126(9) of the Treaty shall report to the Council and the Commission on action taken to correct the excessive deficit. This report shall include the targets for government expenditure and revenue and for the discretionary measures on both the expenditure and the revenue side consistent with the Council’s recommendation, as well as information on the measures taken and the nature of those envisaged to achieve the targets.

| (3) | Regulation (EU) No 473/2013 complements this initial reporting requirement by requiring a more frequent reporting from Member States whose currency is the euro which are in excessive deficit. The latter will have to report to the Commission and to the Economic and Financial Committee (EFC) every six months if subject to a Council recommendation made in accordance with Article 126(7) and every three months if subject to a Council decision to give notice in accordance with Article 126(9) TFEU on the action taken to correct the excessive deficit. The reporting should contain, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues and information on the measures adopted and the nature of those envisaged to achieve the targets. This more frequent reporting will help the Commission and the EFC to continuously monitor whether the Member State concerned is on track to correct its excessive deficit. |
| --- | --- |

(3)

Regulation (EU) No 473/2013 complements this initial reporting requirement by requiring a more frequent reporting from Member States whose currency is the euro which are in excessive deficit. The latter will have to report to the Commission and to the Economic and Financial Committee (EFC) every six months if subject to a Council recommendation made in accordance with Article 126(7) and every three months if subject to a Council decision to give notice in accordance with Article 126(9) TFEU on the action taken to correct the excessive deficit. The reporting should contain, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues and information on the measures adopted and the nature of those envisaged to achieve the targets. This more frequent reporting will help the Commission and the EFC to continuously monitor whether the Member State concerned is on track to correct its excessive deficit.

| (4) | According to Article 10(3) of Regulation (EU) No 473/2013, the content of this additional reporting is to be specified by the Commission. This delegated act provides a clear framework for the information to be reported by Member States whose currency is the euro and which are subject to an excessive deficit procedure. The reporting established by this delegated Regulation will provide a structured and harmonised view of the budgetary situation of the Member States concerned. The report should contain annual and quarterly data in order to provide details on the on-going correction. Data should be reported on a cash and accrual basis (according to the European System of National Accounts ESA) in order to allow a better understanding of the dynamics of the budgetary situation. Given that an excessive deficit procedure can be open on the basis of non-compliance with either or both the deficit and the debt-to-GDP Treaty reference values, the evolution of the main components of the general government deficit and debt developments should be reported. |
| --- | --- |

(4)

According to Article 10(3) of Regulation (EU) No 473/2013, the content of this additional reporting is to be specified by the Commission. This delegated act provides a clear framework for the information to be reported by Member States whose currency is the euro and which are subject to an excessive deficit procedure. The reporting established by this delegated Regulation will provide a structured and harmonised view of the budgetary situation of the Member States concerned. The report should contain annual and quarterly data in order to provide details on the on-going correction. Data should be reported on a cash and accrual basis (according to the European System of National Accounts ESA) in order to allow a better understanding of the dynamics of the budgetary situation. Given that an excessive deficit procedure can be open on the basis of non-compliance with either or both the deficit and the debt-to-GDP Treaty reference values, the evolution of the main components of the general government deficit and debt developments should be reported.

| (5) | Actual data reported under this delegated act should be consistent with data reported to Eurostat in the context of the excessive deficit procedure, |
| --- | --- |

(5)

Actual data reported under this delegated act should be consistent with data reported to Eurostat in the context of the excessive deficit procedure,

HAS ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down specifications concerning the content of the reports that may be requested by the Commission from Member States whose currency is the euro which are subject to an excessive deficit procedure.

Article 2

Structure and content of the reporting

1.   The reports referred to in Article 1 shall have the following structure:

| — | Actual balances, debt developments, and updated budgetary plans for the period of correction for the general government and its sub-sectors; |
| --- | --- |

—

Actual balances, debt developments, and updated budgetary plans for the period of correction for the general government and its sub-sectors;

| — | Description and quantification of the fiscal strategy in nominal and structural terms (cyclical component of the balance, net of one-off and temporary measures) to correct the excessive deficit by the deadline set by the Council in the view of the latest Council recommendation or decision to give notice in accordance with Article 126(7) or Article 126(9) TFEU, including detailed information on budgetary measures planned or already taken to achieve these targets and their budgetary impact. |
| --- | --- |

—

Description and quantification of the fiscal strategy in nominal and structural terms (cyclical component of the balance, net of one-off and temporary measures) to correct the excessive deficit by the deadline set by the Council in the view of the latest Council recommendation or decision to give notice in accordance with Article 126(7) or Article 126(9) TFEU, including detailed information on budgetary measures planned or already taken to achieve these targets and their budgetary impact.

2.   The reports shall include tables as indicated in the Annex to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the third 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 the Member States in accordance with the Treaties.

Done at Brussels, 27 June 2013.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 140, 27.5.2013, p. 11.

1

(2)  
  OJ L 209, 2.8.1997, p. 6.

2

---

ANNEX

Tables to be included in the reports to be submitted in accordance with Article 10(3) of Regulation (EU) No 473/2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area

NB: In tables below, Year t corresponds to the year of submission of the report. Reporting for the items indicated in bold is compulsory. The conceptual framework agreed in the context of Council Directive 2011/85/EU (1) should be implemented.

Table 1a

In-year quarterly budgetary execution on cash basis
   (1)
  for the general government and its sub-sectors
   (2)

| EUR millions | Year t (*1) |
| --- | --- |
| Q1 | Q2 | Q3 | Q4 |
| Overall balance by sub-sector (6-7) |
| 1. | General government |

EUR millions

Year t (*1)

Q1

Q2

Q3

Q4

Overall balance by sub-sector (6-7)

1.

| 2. | Central government |
| --- | --- |

2.

| 3. | State government |
| --- | --- |

3.

| 4. | Local government |
| --- | --- |

4.

| 5. | Social security funds |
| --- | --- |

5.

For each sub-sector (please indicate which)

| 6. | Total revenue/inflows |
| --- | --- |

6.

Of which (indicative list)

Taxes, of which:

Direct Taxes

Indirect taxes, of which:

VAT

Social contributions

Sales

Other current revenue

Capital revenue

Inflows from operations in financial instruments

| 7. | Total expenditure/outflows |
| --- | --- |

7.

Of which (indicative list)

Purchase of goods and services

Compensation of employees

Interest

Subsidies

Social benefits

Other current expenditure

Capital transfers payable

Capital investments

Outflows from operations in financial instruments

Table 1b

In-year quarterly budgetary execution and prospects in accordance with ESA standards and seasonally non-adjusted
   (3)
  for the general government and its sub-sectors

The data of budgetary execution provided in Table 1a and 1b should be consistent; a reconciliation table showing the methodology of transition between the two tables should be communicated.

| EUR millions | ESA code | Year t (*2) |
| --- | --- | --- |
| Q1 | Q2 | Q3 | Q4 |
| Net lending (+)/net borrowing (–) |
| 1. | General government
   (3) |

EUR millions

ESA code

Year t (*2)

Q1

Q2

Q3

Q4

Net lending (+)/net borrowing (–)

1.

S.13

| 2. | Central government |
| --- | --- |

2.

Central government

S.1311

| 3. | State government |
| --- | --- |

3.

State government

S.1312

| 4. | Local government |
| --- | --- |

4.

Local government

S.1313

| 5. | Social security funds |
| --- | --- |

5.

Social security funds

S.1314

For the general government (voluntary for the sub-sectors)

| 6. | Total revenue
   (3) |
| --- | --- |

6.

TR

Of which

Taxes on production and imports

D.2

Current taxes on income, wealth, etc.

D.5

Capital taxes

D.91

Social contributions

D.61

Property income

D.4

Other (4)

| 7. | Total expenditure
   (3) |
| --- | --- |

7.

TE

Of which

Compensation of employees

D.1

Intermediate consumption

P.2

Social payments

D.62, D.632 (5)

Interest expenditure

D.41

Subsidies

D.3

Gross fixed capital formation (3)

P.51

Capital transfers

D.9

Other (6)

| 8. | Gross debt
   (7) |
| --- | --- |

8.

Table 1c

Annual budgetary targets in accordance with ESA standards for the general government and its sub-sectors

| | ESA Code | Year t – 1 | Year t | Year t + ... (*3) |
| --- | --- | --- | --- | --- |
| Net lending(+)/net borrowing (–) by sub-sector (% GDP) |
| 1. | General government |

ESA Code

Year t – 1

Year t

Year t + ... (*3)

Net lending(+)/net borrowing (–) by sub-sector (% GDP)

1.

S.13

| 2. | Central government |
| --- | --- |

2.

S.1311

| 3. | State government |
| --- | --- |

3.

S.1312

| 4. | Local government |
| --- | --- |

4.

S.1313

| 5. | Social security funds |
| --- | --- |

5.

S.1314

General government (S.13) (% GDP)

| 6. | Total revenue |
| --- | --- |

6.

TR

| 7. | Total expenditure |
| --- | --- |

7.

TE

| 8. | Interest expenditure |
| --- | --- |

8.

D.41

| 9. | Primary balance
   (8) |
| --- | --- |

9.

| 10. | One-off and other temporary measures
   (9) |
| --- | --- |

10.

rate of change

rate of change

rate of change

| 11. | Real GDP growth |
| --- | --- |

11.

| 12. | Potential GDP growth |
| --- | --- |

12.

contributions:

| — | labour |
| --- | --- |

—

labour

| — | capital |
| --- | --- |

—

capital

| — | total factor productivity |
| --- | --- |

—

total factor productivity

% potential GDP

% potential GDP

% potential GDP

| 13. | Output gap |
| --- | --- |

13.

| 14. | Cyclical budgetary component |
| --- | --- |

14.

| 15. | Cyclically-adjusted balance (1 – 14) |
| --- | --- |

15.

| 14. | Cyclically-adjusted primary balance (13 + 6) |
| --- | --- |

14.

| 15. | Structural balance (13 – 10) |
| --- | --- |

15.

Table 2

Targets for the expenditure and revenues of the general government (S.13) in accordance with ESA standards

| % GDP | ESA Code | Year t – 1 | Year t | Year t + 1 | Year t + ... (*4) |
| --- | --- | --- | --- | --- | --- |
| 1. | Total revenue target
  (= table 1c. 6) |

% GDP

ESA Code

Year t – 1

Year t

Year t + 1

Year t + ... (*4)

1.

(= table 1c. 6)

TR

Of which

| 1.1. | Taxes on production and imports |
| --- | --- |

1.1.

D.2

| 1.2. | Current taxes on income, wealth, etc. |
| --- | --- |

1.2.

D.5

| 1.3. | Capital taxes |
| --- | --- |

1.3.

D.91

| 1.4. | Social contributions |
| --- | --- |

1.4.

D.61

| 1.5. | Property income |
| --- | --- |

1.5.

D.4

| 1.6. | Other
   (10) |
| --- | --- |

1.6.

p.m.: Tax burden

(D.2 + D.5 + D.61 + D.91-D.995) (11)

| 2. | Total expenditure target
  (= table 1c.7) |
| --- | --- |

2.

(= table 1c.7)

TE (12)

Of which

| 2.1. | Compensation of employees |
| --- | --- |

2.1.

D.1

| 2.2. | Intermediate consumption |
| --- | --- |

2.2.

P.2

| 2.3. | Social payments |
| --- | --- |

2.3.

D.62, D.6311, D.63121, D.63131 (15)

of which:

Unemployment benefits
   (13)

| 2.4. | Interest expenditure |
| --- | --- |

2.4.

D.41

| 2.5. | Subsidies |
| --- | --- |

2.5.

D.3

| 2.6. | Gross fixed capital formation |
| --- | --- |

2.6.

P.51

| 2.7. | Capital transfers |
| --- | --- |

2.7.

D.9

| 2.8. | Other
   (14) |
| --- | --- |

2.8.

Table 3a

Budgetary measures adopted and envisaged by the general government and its sub-sectors on both the expenditure and the revenue side to achieve the targets presented in Table 2

| Expected budgetary impact of measures adopted and envisaged (16) |
| --- |
| List of measures | Detailed description (17) | Target (Expenditure/Revenue)
  ESA Code | Accounting principle (18) | Adoption Status | Incremental budgetary impact (EUR million) on year |
| | t – 1 | t | t + 1 | t + 2 | t + (*5) |
| | | | | | | | | | | |
| | | | | | | | | | |
| | | | | | | | | | |
| TOTAL |

Expected budgetary impact of measures adopted and envisaged (16)

List of measures

Detailed description (17)

Target (Expenditure/Revenue)

ESA Code

Accounting principle (18)

Adoption Status

Incremental budgetary impact (EUR million) on year

t – 1

t

t + 1

t + 2

t + (*5)

TOTAL

Table 3b

In-year quarterly reporting on the budgetary impact of the measures presented in Table 3a

| List of measures (19) | In-year reporting for measures having an effect on year t (choose one of the alternatives below) (20) | Expected annual budgetary impact for year t
  (EUR million)
  (= Table 3a) |
| --- | --- | --- |
| Quarterly observed budgetary impact (EUR million) (21) | Cumulative observed budgetary impact since the start of the year (EUR million) |
| Q1 | Q2 | Q3 | Q4 |
| | | | | | | |
| | | | | | | |
| TOTAL | | | | | | |

List of measures (19)

In-year reporting for measures having an effect on year t (choose one of the alternatives below) (20)

Expected annual budgetary impact for year t

(EUR million)

(= Table 3a)

Quarterly observed budgetary impact (EUR million) (21)

Cumulative observed budgetary impact since the start of the year (EUR million)

Q1

Q2

Q3

Q4

TOTAL

Table 4

General government (S.13) debt developments and prospects

| | | Year t – 1 | Year t | Year t + ... (*6) |
| --- | --- | --- | --- | --- |
| | ESA Code | % GDP | % GDP | % GDP |
| 1. | Gross debt
   (22)
  (= Table 1b.8 for the general government) |

Year t – 1

Year t

Year t + ... (*6)

ESA Code

% GDP

% GDP

% GDP

1.

(= Table 1b.8 for the general government)

| 2. | Change in gross debt ratio |
| --- | --- |

2.

Contributions to changes in gross debt

| 3. | Primary balance
  (= Table 1c. 9) |
| --- | --- |

3.

(= Table 1c. 9)

| 4. | Interest expenditure
  (= Table 1c.8) |
| --- | --- |

4.

(= Table 1c.8)

D.41

| 5. | Stock-flow adjustment |
| --- | --- |

5.

of which:

| — | Differences between cash and accruals (23) |
| --- | --- |

—

Differences between cash and accruals (23)

| — | Net accumulation of financial assets (24) |
| --- | --- |

—

Net accumulation of financial assets (24)

of which:

| — | Privatisation proceeds |
| --- | --- |

—

Privatisation proceeds

| — | Valuation effects and other (25) |
| --- | --- |

—

Valuation effects and other (25)

p.m.: Implicit interest rate on debt
   (26)
  (%)

Other relevant variables

| 6. | Liquid financial assets (27) |
| --- | --- |

6.

Liquid financial assets (27)

| 7. | Net financial debt |
| --- | --- |

7.

Formula

| 8. | Debt amortization (existing bonds) since the end of the previous year |
| --- | --- |

8.

Debt amortization (existing bonds) since the end of the previous year

| 9. | Percentage of debt denominated in foreign currency (%) |
| --- | --- |

9.

Percentage of debt denominated in foreign currency (%)

| 10. | Average maturity (years) |
| --- | --- |

10.

Average maturity (years)

| 11. | Real GDP growth (%)
  (= Table 1c row 11) |
| --- | --- |

11.

(= Table 1c row 11)

---

(1)  
  OJ L 306, 23.11.2011, p. 41.

(*1)  The reporting is mandatory up to the current quarter included. If the data for the current quarter is not available, please provide latest available monthly data, indicating which month it corresponds to. For the overall balance of the general government, please provide the information until the latest available quarter (i.e. q-1). The normal quality assurance and revision policy should apply.

(1)  Equivalent figures from public accounting may be provided if cash-based data are not available; please specify the accounting basis used to fill all the information provided in this table.

(2)  Corresponding to the reporting to be provided in accordance with Article 3(2) of Directive 2011/85/EU.

(*2)  The reporting shall span until the end of the current Year t; quarterly prospects are not binding and reported as estimates (possibly subject to revisions) for informational and monitoring purposes.

(3)  For the general government, the items labelled with ‘(a)’ are to be additionally provided in seasonally-adjusted terms; if it cannot be provided by the national authorities, the seasonal adjustment will be performed by Eurostat, in liaison with the Member State concerned.

(4)  P.11 + P.12 + P.131 + D.39rec + D.7rec + D.9rec (other than D.91rec).

(5)  Under ESA95: D6311_D63121_D63131pay; in ESA2010 D632pay.

(6)  D.29pay + D.4pay (other than D.41pay) + D.5pay + D.7pay + P.52 + P.53 + K.2 + D.8.

(7)  As defined in Council Regulation (EC) No 479/2009 (OJ L 145, 10.6.2009, p. 1).

(*3)  Following the request from the Commission to activate the reporting requirements provided for by Article 10(3) of Regulation (EU) No 473/2013, the reporting starts from the year of the opening of the excessive deficit procedure in accordance with Article 126(6) TFEU, and spans until the excessive deficit is planned to be corrected, in accordance with the deadline set by the Council recommendation in accordance with Article 126(7) TFEU or decision to give notice in accordance with Article 126(9) TFEU.

(8)  The primary balance is calculated as (B.9, item 8) plus (D.41, item 9).

(9)  A plus sign means deficit-reducing measures.

(*4)  Following the request from the Commission to activate the reporting requirements provided for by Article 10(3) of Regulation (EU) No 473/2013, the reporting starts from the year of the opening of the excessive deficit procedure in accordance with Article 126(6) TFEU, and spans until the excessive deficit is planned to be corrected, in accordance with the deadline set by the Council Recommendation in accordance with Article 126(7) TFEU or decision to give notice in accordance with Article 126(9) TFEU.

(10)  P.11 + P.12 + P.131 + D.39rec + D.7rec + D.9rec (other than D.91rec).

(11)  Including those collected by the EU and including an adjustment for uncollected taxes and social contributions D.995), if appropriate.

(12)

Formula

(13)  Includes cash benefits (D.621 and D.624) and in kind benefits (D.631) related to unemployment benefits.

(14)  D.29 + D.4 (other than D.41) + D.5 + D.7 + P.52 + P.53 + K.2 + D.8.

(15)  In ESA2010: D.62, D.632.

(*5)  Year when the excessive deficit is planned to be corrected, in accordance with the deadline set by the Council recommendation in accordance with Article 126(7) TFEU or decisions to give notice in accordance with Article 126(9) TFEU.

(16)  Only measures sufficiently detailed and credibly announced should be reported.

(17)  Including reporting on which sub-sector is taking the measure.

(18)  By default, the impact of the measures will be reported on accrual basis, but, if impossible and reporting is in cash, it should be indicated explicitly. The impact is to be recorded in incremental terms – as opposed to levels – compared to the previous year’s baseline projection. Simple permanent measures should be recorded as having an effect of +/– X in the year(s) they are introduced and zero otherwise (the overall impact on the level of revenues or expenditures must not cancel out). If the impact of a measure varies over time, only the incremental impact should be recorded in the table. By their nature, one-off measures should be always recorded as having an effect of +/–X in the year of the first budgetary impact and –/+ X in the following year, i.e. the overall impact on the level of revenues or expenditures in two consecutive years must be zero.

(19)  Select the measures reported in Table 3a which have a budgetary impact in year t.

(20)  Filling one of the two alternatives is mandatory: quarterly reporting (estimates possibly subject to revisions) at least until the current quarter and/or sum of the observed budgetary impact until the current date.

(21)  Indicate for each quarter whether the data reported corresponds to observed data; the reporting is mandatory up to the current quarter included.

(*6)  Following the request from the Commission to activate the reporting requirements provided for by Article 10(3) of Regulation (EU) No 473/2013, the reporting starts from the year of the opening of the excessive deficit procedure in accordance with Article 126(6) TFEU, and spans until the excessive deficit is planned to be corrected, in accordance with the deadline set by the Council recommendation in accordance with Article 126(7) TFEU or decision to give notice in accordance with Article 126(9) TFEU.

(22)  As defined in Regulation (EC) No 479/2009.

(23)  The differences concerning interest expenditure, other expenditure and revenue could be distinguished when relevant or in case the debt-to-GDP ratio is above the reference value.

(24)  Liquid assets (currency), government securities, assets on third countries, government controlled enterprises and the difference between quoted and non-quoted assets could be distinguished when relevant or in case the debt-to-GDP ratio is above the reference value.

(25)  Changes due to exchange rate movements, and operation in secondary market could be distinguished when relevant or in case the debt-to-GDP ratio is above the reference value.

(26)  Proxied by interest expenditure divided by the debt level of the previous year.

(27)  Liquid assets are here defined as AF.1, AF.2, AF.3 (consolidated for general government, i.e. netting out financial positions between government entities), A.F511, AF.52 (only if quoted in stock exchange).

---

| 13.9.2013 | EN | Official Journal of the European Union | L 244/32 |
| --- | --- | --- | --- |

13.9.2013

EN

Official Journal of the European Union

L 244/32

---

COMMISSION IMPLEMENTING REGULATION (EU) No 878/2013

of 12 September 2013

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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

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

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 12 September 2013.

For the Commission, On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MK | 37,9 |
| XS | 31,3 |
| ZZ | 34,6 |
| 0707 00 05 | MK | 43,1 |
| TR | 95,4 |
| ZZ | 69,3 |
| 0709 93 10 | TR | 134,7 |
| ZZ | 134,7 |
| 0805 50 10 | AR | 125,2 |
| CL | 136,3 |
| IL | 142,1 |
| TR | 78,9 |
| UY | 100,2 |
| ZA | 119,6 |
| ZZ | 117,1 |
| 0806 10 10 | EG | 184,6 |
| TR | 148,4 |
| ZZ | 166,5 |
| 0808 10 80 | AR | 100,2 |
| BA | 68,8 |
| BR | 54,6 |
| CL | 123,8 |
| NZ | 144,9 |
| US | 130,2 |
| ZA | 109,7 |
| ZZ | 104,6 |
| 0808 30 90 | AR | 202,6 |
| CN | 82,3 |
| TR | 131,0 |
| ZA | 206,6 |
| ZZ | 155,6 |
| 0809 30 | TR | 129,4 |
| ZZ | 129,4 |
| 0809 40 05 | BA | 45,1 |
| MK | 54,9 |
| XS | 53,5 |
| ZZ | 51,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

37,9

XS

31,3

ZZ

34,6

0707 00 05

MK

43,1

TR

95,4

ZZ

69,3

0709 93 10

TR

134,7

ZZ

134,7

0805 50 10

AR

125,2

CL

136,3

IL

142,1

TR

78,9

UY

100,2

ZA

119,6

ZZ

117,1

0806 10 10

EG

184,6

TR

148,4

ZZ

166,5

0808 10 80

AR

100,2

BA

68,8

BR

54,6

CL

123,8

NZ

144,9

US

130,2

ZA

109,7

ZZ

104,6

0808 30 90

AR

202,6

CN

82,3

TR

131,0

ZA

206,6

ZZ

155,6

0809 30

TR

129,4

ZZ

129,4

0809 40 05

BA

45,1

MK

54,9

XS

53,5

ZZ

51,2

---

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

---

DECISIONS

| 13.9.2013 | EN | Official Journal of the European Union | L 244/34 |
| --- | --- | --- | --- |

13.9.2013

EN

Official Journal of the European Union

L 244/34

---

COMMISSION IMPLEMENTING DECISION

of 11 September 2013

amending Implementing Decision 2013/443/EU concerning certain protective measures in relation to highly pathogenic avian influenza of the subtype H7N7 in Italy

(notified under document C(2013) 5904)

(Only the Italian text is authentic)

(Text with EEA relevance)

(2013/453/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

| (1) | Following the notification by Italy of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding in the commune of Ostellato, in the province of Ferrara in the Region Emilia-Romagna on 15 August 2013, the Commission adopted Implementing Decision 2013/439/EU (3) that lays down provisions for protection and surveillance zones to be established around the outbreak. |
| --- | --- |

(1)

Following the notification by Italy of an outbreak of highly pathogenic avian influenza of subtype H7N7 in a holding in the commune of Ostellato, in the province of Ferrara in the Region Emilia-Romagna on 15 August 2013, the Commission adopted Implementing Decision 2013/439/EU (3) that lays down provisions for protection and surveillance zones to be established around the outbreak.

| (2) | Due to a second outbreak of the disease in the commune of Mordano, in the province of Bologna in the Region of Emilia-Romagna, the Commission adopted Implementing Decision 2013/443/EU (4), which adapted the borders of the protection and surveillance zones and established further restricted zones. These zones were defined in Parts A, B and C of the Annex to that Decision. The occurrence of further disease outbreaks makes it necessary to adapt the zones under restrictions as defined by Parts A, B and C of the Annex to Implementing Decision 2013/443/EU. |
| --- | --- |

(2)

Due to a second outbreak of the disease in the commune of Mordano, in the province of Bologna in the Region of Emilia-Romagna, the Commission adopted Implementing Decision 2013/443/EU (4), which adapted the borders of the protection and surveillance zones and established further restricted zones. These zones were defined in Parts A, B and C of the Annex to that Decision. The occurrence of further disease outbreaks makes it necessary to adapt the zones under restrictions as defined by Parts A, B and C of the Annex to Implementing Decision 2013/443/EU.

| (3) | The Annex to Implementing Decision 2013/443/EU should therefore be amended accordingly. |
| --- | --- |

(3)

The Annex to Implementing Decision 2013/443/EU should therefore be amended accordingly.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(4)

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

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Implementing Decision 2013/443/EU is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to the Italian Republic.

Done at Brussels, 11 September 2013.

For the Commission

Tonio BORG

Member of the Commission

---

(1)  
  OJ L 395, 30.12.1989, p. 13.

1

(2)  
  OJ L 224, 18.8.1990, p. 29.

2

(3)  Commission Implementing Decision 2013/439/EU of 19 August 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H7N7 in Italy (OJ L 223, 21.8.2013, p. 10).

3

(4)  Commission Implementing Decision 2013/443/EU of 27 August 2013 concerning certain protective measures in relation to highly pathogenic avian influenza of the subtype H7N7 in Italy including the establishment of further restricted zones and repealing Implementing Decision 2013/439/EU (OJ L 230, 29.8.2013, p. 20).

4

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ANNEX

‘ANNEX

PART A

Protection zones as referred to in Article 1:

| ISO Country Code | Member State | Postal Code | Name | Date until applicable in accordance with Article 29 of Directive 2005/94/EC |
| --- | --- | --- | --- | --- |
| IT | Italy | | Area comprising the municipalities of: | |
| | | 44020 | Ostellato | 17.9.2013 |
| | | 44015 | Portomaggiore | |
| | | 40027 | Mordano | 29.9.2013 |
| | | 48010 | Bagnara di Romagna | |
| | | 40026 | Part of the territory of the municipality of Imola situated east of the state road 610 and north of the state road 9 'Via Emilia'. | |
| | | 48027 | Part of the territory of the municipality of Solarolo situated north of the junction of highway A14 to Ravenna. | |
| | | 44012 | Part of the territory of the municipality of Bondeno situated south of the state road 496 and west of the river Panaro. | 26.9.2013 |
| | | 41034 | Part of the territory of the municipality of Finale Emilia situated north of the state road 468, east of the provincial road 9 and west of the river Panaro. | |

ISO Country Code

Member State

Postal Code

Name

Date until applicable in accordance with Article 29 of Directive 2005/94/EC

IT

Italy

Area comprising the municipalities of:

44020

Ostellato

17.9.2013

44015

Portomaggiore

40027

Mordano

29.9.2013

48010

Bagnara di Romagna

40026

Part of the territory of the municipality of Imola situated east of the state road 610 and north of the state road 9 'Via Emilia'.

48027

Part of the territory of the municipality of Solarolo situated north of the junction of highway A14 to Ravenna.

44012

Part of the territory of the municipality of Bondeno situated south of the state road 496 and west of the river Panaro.

26.9.2013

41034

Part of the territory of the municipality of Finale Emilia situated north of the state road 468, east of the provincial road 9 and west of the river Panaro.

PART B

Surveillance zones as referred to in Article 1:

| ISO Country Code | Member State | Postal Code | Name | Date until applicable in accordance with Article 31 of Directive 2005/94/EC |
| --- | --- | --- | --- | --- |
| IT | Italy | | Area comprising the municipalities of: | |
| | | 44011 | Argenta | 26.9.2013 |
| | | 44022 | Comacchio | |
| | | 44020 | Masi Torello | |
| | | 44027 | Migliarino | |
| | | 44020 | Migliaro | |
| | | 44020 | Ostellato | |
| | | 44015 | Portomaggiore | |
| | | 44039 | Tresigallo | |
| | | 44123 | Part of the territory of the municipality of Ferrara situated east of the state road 15 'Via Pomposa' and the provincial road 'Via Ponte Assa'. | |
| | | 48010 | Bagnara di Romagna | 8.10.2013 |
| | | 48014 | Castelbolognese | |
| | | 40023 | Castelguelfo | |
| | | 48017 | Conselice | |
| | | 48010 | Cotignola | |
| | | 48018 | Faenza | |
| | | 40026 | Imola | |
| | | 48022 | Lugo | |
| | | 48024 | Massalombarda | |
| | | 40059 | Medicina | |
| | | 40027 | Mordano | |
| | | 48020 | Sant’Agata sul Santerno | |
| | | 48027 | Solarolo | |
| | | 44012 | Bondeno | 5.10.2013 |
| | | 41034 | Finale Emilia | |
| | | 44043 | Mirabello | |
| | | 44047 | Sant’Agostino | |
| | | 44042 | Cento | |
| | | 40014 | Part of the territory of the municipality of Crevalcore situated north of ‘via Provanone’ and east of the provincial road 9 ‘via Provane’. | |
| | | 41037 | Part of the territory of the municipality of Mirandola situated east of the railways Modena – Verona. | |
| | | 41038 | Part of the territory of the municipality of San Felice sul Panaro situated east of the railways Modena – Verona. | |
| | | 46028 | Part of the territory of the municipality of Sermide situated south of the provincial road 35 ‘via Pole’ and west of the provincial road 37. | |
| | | 46022 | Part of the territory of the municipality of Felonica situated south of the provincial road 35 ‘via Pole’. | |

ISO Country Code

Member State

Postal Code

Name

Date until applicable in accordance with Article 31 of Directive 2005/94/EC

IT

Italy

Area comprising the municipalities of:

44011

Argenta

26.9.2013

44022

Comacchio

44020

Masi Torello

44027

Migliarino

44020

Migliaro

44020

Ostellato

44015

Portomaggiore

44039

Tresigallo

44123

Part of the territory of the municipality of Ferrara situated east of the state road 15 'Via Pomposa' and the provincial road 'Via Ponte Assa'.

48010

Bagnara di Romagna

8.10.2013

48014

Castelbolognese

40023

Castelguelfo

48017

Conselice

48010

Cotignola

48018

Faenza

40026

Imola

48022

Lugo

48024

Massalombarda

40059

Medicina

40027

Mordano

48020

Sant’Agata sul Santerno

48027

Solarolo

44012

Bondeno

5.10.2013

41034

Finale Emilia

44043

Mirabello

44047

Sant’Agostino

44042

Cento

40014

Part of the territory of the municipality of Crevalcore situated north of ‘via Provanone’ and east of the provincial road 9 ‘via Provane’.

41037

Part of the territory of the municipality of Mirandola situated east of the railways Modena – Verona.

41038

Part of the territory of the municipality of San Felice sul Panaro situated east of the railways Modena – Verona.

46028

Part of the territory of the municipality of Sermide situated south of the provincial road 35 ‘via Pole’ and west of the provincial road 37.

46022

Part of the territory of the municipality of Felonica situated south of the provincial road 35 ‘via Pole’.

PART C

Further restricted zones as referred to in Article 1:

| ISO Country Code | Member State | Postal Code | Name | Date until the measures are applicable |
| --- | --- | --- | --- | --- |
| IT | Italy | | Area comprising the municipalities of: | |
| | | 48011 | Alfonsine | 24.9.2013 |
| | | 29002 | Ariano nel Polesine | |
| | | 39002 | Bagnacavallo | |
| | | 38002 | Berra | |
| | | 40003 | Bertinoro | |
| | | 39004 | Brisighella | |
| | | 39005 | Casola Valsenio | |
| | | 40005 | Castrocaro Terme e Terra del Sole | |
| | | 39007 | Cervia | |
| | | 40007 | Cesena | |
| | | 40008 | Cesenatico | |
| | | 38005 | Codigoro | |
| | | 29017 | Corbola | |
| | | 40011 | Dovadola | |
| | | 40013 | Forlimpopoli | |
| | | 40012 | Forlì | |
| | | 39011 | Fusignano | |
| | | 40015 | Gambettola | |
| | | 40016 | Gatteo | |
| | | 38025 | Goro | |
| | | 38010 | Jolanda di Savoia | |
| | | 38011 | Lagosanto | |
| | | 40018 | Longiano | |
| | | 38013 | Massa Fiscaglia | |
| | | 40019 | Meldola | |
| | | 38014 | Mesola | |
| | | 40022 | Modigliana | |
| | | 29034 | Papozze | |
| | | 29039 | Porto Tolle | |
| | | 29052 | Porto Viro | |
| | | 40032 | Predappio | |
| | | 39014 | Ravenna | |
| | | 39015 | Riolo Terme | |
| | | 39016 | Russi | |
| | | 40041 | San Mauro Pascoli | |
| | | 40045 | Savignano sul Rubicone | |
| | | 29046 | Taglio di Po’ | |

ISO Country Code

Member State

Postal Code

Name

Date until the measures are applicable

IT

Italy

Area comprising the municipalities of:

48011

Alfonsine

24.9.2013

29002

Ariano nel Polesine

39002

Bagnacavallo

38002

Berra

40003

Bertinoro

39004

Brisighella

39005

Casola Valsenio

40005

Castrocaro Terme e Terra del Sole

39007

Cervia

40007

Cesena

40008

Cesenatico

38005

Codigoro

29017

Corbola

40011

Dovadola

40013

Forlimpopoli

40012

Forlì

39011

Fusignano

40015

Gambettola

40016

Gatteo

38025

Goro

38010

Jolanda di Savoia

38011

Lagosanto

40018

Longiano

38013

Massa Fiscaglia

40019

Meldola

38014

Mesola

40022

Modigliana

29034

Papozze

29039

Porto Tolle

29052

Porto Viro

40032

Predappio

39014

Ravenna

39015

Riolo Terme

39016

Russi

40041

San Mauro Pascoli

40045

Savignano sul Rubicone

29046

Taglio di Po’

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13.9.2013

| 13.9.2013 | EN | Official Journal of the European Union | L 244/s3 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

L 244/s3

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NOTICE TO READERS

Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union

In accordance with Council Regulation (EU) No 216/2013 of 7 March 2013 on the electronic publication of the Official Journal of the European Union (OJ L 69, 13.3.2013, p. 1), as of 1 July 2013, only the electronic edition of the Official Journal shall be considered authentic and shall have legal effect.

Official Journal of the European Union

Where it is not possible to publish the electronic edition of the Official Journal due to unforeseen and exceptional circumstances, the printed edition shall be authentic and shall have legal effect in accordance with the terms and conditions set out in Article 3 of Regulation (EU) No 216/2013.

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| 13.9.2013 | EN | Official Journal of the European Union | L 244/s3 |
| --- | --- | --- | --- |

13.9.2013

EN

Official Journal of the European Union

L 244/s3

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NOTE TO READERS — WAY OF REFERRING TO ACTS

As of 1 July 2013 the way of referring to acts has changed.

During a transitional period this new practice will coexist with the previous one.

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