# Official Journal L 43/2011

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2011.043.eng |
| --- | --- |
| Official Journal
  of the European Union | L 43 |
| | |
| English edition | Legislation | Volume 5417 February 2011 |

ISSN 1725-2555

doi:10.3000/17252555.L_2011.043.eng

Official Journal

of the European Union

L 43

English edition

Legislation

Volume 5417 February 2011

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 137/2011 of 16 February 2011 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress (
  1
  ) | 1 |
| | * | Commission Regulation (EU) No 138/2011 of 16 February 2011 imposing a provisional anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China | 9 |
| | | Commission Regulation (EU) No 139/2011 of 16 February 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables | 26 |
| | | Commission Regulation (EU) No 140/2011 of 16 February 2011 withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas | 28 |
| | | Commission Regulation (EU) No 141/2011 of 16 February 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year | 29 |
| | | DECISIONS |
| | * | Council Decision 2011/106/CFSP of 15 February 2011 on adapting and extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement | 31 |
| | | 2011/107/EU |
| | * | Commission Decision of 10 February 2011 amending Decision 2007/756/EC adopting a common specification of the national vehicle register
  (notified under document C(2011) 665)

   (
  1
  ) | 33 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 137/2011 of 16 February 2011 amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress (
  1
  )

1

1

*

Commission Regulation (EU) No 138/2011 of 16 February 2011 imposing a provisional anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China

9

Commission Regulation (EU) No 139/2011 of 16 February 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

26

Commission Regulation (EU) No 140/2011 of 16 February 2011 withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas

28

Commission Regulation (EU) No 141/2011 of 16 February 2011 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

29

DECISIONS

*

Council Decision 2011/106/CFSP of 15 February 2011 on adapting and extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

31

2011/107/EU

*

Commission Decision of 10 February 2011 amending Decision 2007/756/EC adopting a common specification of the national vehicle register
  (notified under document C(2011) 665)

   (
  1
  )

(notified under document C(2011) 665)

1

33

| | |
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| | (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

| 17.2.2011 | EN | Official Journal of the European Union | L 43/1 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/1

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COMMISSION REGULATION (EU) No 137/2011

of 16 February 2011

amending Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers for the purposes of adapting Annexes I and IV thereto to technical progress

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (1), and in particular Article 31(1) and (3) thereof,

Whereas:

| (1) | Article 3 of Regulation (EC) No 2003/2003 provides that a fertiliser belonging to a type of fertiliser listed in Annex I thereto and complying with the conditions laid down in that Regulation may be designated ‘EC fertiliser’. |
| --- | --- |

(1)

Article 3 of Regulation (EC) No 2003/2003 provides that a fertiliser belonging to a type of fertiliser listed in Annex I thereto and complying with the conditions laid down in that Regulation may be designated ‘EC fertiliser’.

| (2) | Calcium formate (CAS 544-17-2) is a secondary nutrient fertiliser that is used as foliar fertiliser for fruit cultivation in one Member State. The substance is harmless for the environment and human health. Therefore to make it more easily available to farmers throughout the Union, calcium formate should be recognised as an ‘EC fertiliser’ type. |
| --- | --- |

(2)

Calcium formate (CAS 544-17-2) is a secondary nutrient fertiliser that is used as foliar fertiliser for fruit cultivation in one Member State. The substance is harmless for the environment and human health. Therefore to make it more easily available to farmers throughout the Union, calcium formate should be recognised as an ‘EC fertiliser’ type.

| (3) | Provisions on micro-nutrient chelates and micro-nutrient solutions should be adapted to allow the use of more than one chelating agent, to introduce common values for the minimum content of water-soluble micro-nutrient and to ensure that each chelating agent that chelates at least 1 % of the water-soluble micro-nutrient and that is identified and quantified by EN standards is labelled. A sufficient transitional period is necessary in order to allow economic operators to sell off their stocks of fertilisers. |
| --- | --- |

(3)

Provisions on micro-nutrient chelates and micro-nutrient solutions should be adapted to allow the use of more than one chelating agent, to introduce common values for the minimum content of water-soluble micro-nutrient and to ensure that each chelating agent that chelates at least 1 % of the water-soluble micro-nutrient and that is identified and quantified by EN standards is labelled. A sufficient transitional period is necessary in order to allow economic operators to sell off their stocks of fertilisers.

| (4) | Zinc oxide powder (CAS 1314-13-2) is a zinc fertiliser listed in Annex I to Regulation (EC) No 2003/2003. Zinc oxide in powder form presents a potential dust hazard in use. The use of zinc oxide in the form of a stable suspension in water avoids this hazard. Zinc fertiliser suspension should therefore be recognised as an ‘EC fertiliser’ type to allow a safer use of zinc oxide. To allow flexibility within formulations, the use of zinc salts and one or more types of zinc chelate(s) should also be permitted in any such water-based suspensions. |
| --- | --- |

(4)

Zinc oxide powder (CAS 1314-13-2) is a zinc fertiliser listed in Annex I to Regulation (EC) No 2003/2003. Zinc oxide in powder form presents a potential dust hazard in use. The use of zinc oxide in the form of a stable suspension in water avoids this hazard. Zinc fertiliser suspension should therefore be recognised as an ‘EC fertiliser’ type to allow a safer use of zinc oxide. To allow flexibility within formulations, the use of zinc salts and one or more types of zinc chelate(s) should also be permitted in any such water-based suspensions.

| (5) | Article 23(2) of Regulation (EC) No 2003/2003 contains rules for the composition and labelling of mixed micro-nutrient fertilisers but such mixtures are not yet listed among the fertiliser types of Annex I. Mixed micro-nutrient fertilisers therefore cannot be sold as ‘EC fertilisers’. Micro-nutrient fertiliser type designations should therefore be introduced in Annex I for solid and fluid fertilisers. |
| --- | --- |

(5)

Article 23(2) of Regulation (EC) No 2003/2003 contains rules for the composition and labelling of mixed micro-nutrient fertilisers but such mixtures are not yet listed among the fertiliser types of Annex I. Mixed micro-nutrient fertilisers therefore cannot be sold as ‘EC fertilisers’. Micro-nutrient fertiliser type designations should therefore be introduced in Annex I for solid and fluid fertilisers.

| (6) | Iminodisuccinic acid (hereinafter ‘IDHA’) is a chelating agent which is authorised for use in two Member States as foliar sprays, for soil application, in hydroponics and in fertigation. IDHA should be added to the list of authorised chelating agents in Annex I to make it more easily available to farmers throughout the Union. |
| --- | --- |

(6)

Iminodisuccinic acid (hereinafter ‘IDHA’) is a chelating agent which is authorised for use in two Member States as foliar sprays, for soil application, in hydroponics and in fertigation. IDHA should be added to the list of authorised chelating agents in Annex I to make it more easily available to farmers throughout the Union.

| (7) | Article 29(2) of Regulation (EC) No 2003/2003 requires the control of ‘EC fertilisers’ in accordance with the methods of analysis that are described therein. However, some methods have not been internationally recognised. EN standards have now been developed by the European Committee for Standardisation and should replace those methods. |
| --- | --- |

(7)

Article 29(2) of Regulation (EC) No 2003/2003 requires the control of ‘EC fertilisers’ in accordance with the methods of analysis that are described therein. However, some methods have not been internationally recognised. EN standards have now been developed by the European Committee for Standardisation and should replace those methods.

| (8) | Validated methods published as EN standards usually include a ring test (inter-laboratory test) to check the reproducibility and repeatability of the analytical methods between different laboratories. A distinction between validated EN standards and non-validated methods should therefore be made to help to identify the EN standards which have undergone an inter-laboratory test to correctly inform controllers about the statistical reliability of EN standards. |
| --- | --- |

(8)

Validated methods published as EN standards usually include a ring test (inter-laboratory test) to check the reproducibility and repeatability of the analytical methods between different laboratories. A distinction between validated EN standards and non-validated methods should therefore be made to help to identify the EN standards which have undergone an inter-laboratory test to correctly inform controllers about the statistical reliability of EN standards.

| (9) | To simplify legislation and facilitate future revision, it is appropriate to replace the full text of the standards in Annex IV to Regulation (EC) No 2003/2003 with references to the EN standards to be published by the European Committee for Standardisation. |
| --- | --- |

(9)

To simplify legislation and facilitate future revision, it is appropriate to replace the full text of the standards in Annex IV to Regulation (EC) No 2003/2003 with references to the EN standards to be published by the European Committee for Standardisation.

| (10) | Regulation (EC) No 2003/2003 should therefore be amended accordingly. |
| --- | --- |

(10)

Regulation (EC) No 2003/2003 should therefore be amended accordingly.

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 32 of Regulation (EC) No 2003/2003, |
| --- | --- |

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 32 of Regulation (EC) No 2003/2003,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments

1.   Annex I to Regulation (EC) No 2003/2003 is amended in accordance with Annex I to this Regulation.

2.   Annex IV to Regulation (EC) No 2003/2003 is amended in accordance with Annex II to this Regulation.

Article 2

Transitional provisions

Points (a) to (e) of point (2) of Annex I shall apply from 9 October 2012 to fertilisers that are placed on the market before 9 March 2011.

Article 3

Entry into force

This Regulation shall enter into force on the 20th day following 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, 16 February 2011.

For the Commission

The President

José Manuel BARROSO

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(1)  
  OJ L 304, 21.11.2003, p. 1.

1

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ANNEX I

Annex I to Regulation (EC) No 2003/2003 is amended as follows:

| (1) | In Section D, the following entries 2.1 and 2.2 are inserted:










  ‘2.1 | Calcium formate | Chemically obtained product containing calcium formate as essential ingredient | 33,6 % CaO
  Calcium expressed as water-soluble CaO
  56 % formate | | Calcium oxide
  Formate |
| --- | --- | --- | --- | --- | --- | --- |
| 2.2 | Calcium formate fluid | Product obtained by dissolution in water of calcium formate | 21 % CaO
  Calcium expressed as water-soluble CaO
  35 % formate | | Calcium oxide
  Formate’ |

(1)

In Section D, the following entries 2.1 and 2.2 are inserted:

‘2.1

Calcium formate

Chemically obtained product containing calcium formate as essential ingredient

33,6 % CaO

Calcium expressed as water-soluble CaO

56 % formate

Calcium oxide

Formate

2.2

Calcium formate fluid

Product obtained by dissolution in water of calcium formate

21 % CaO

Calcium expressed as water-soluble CaO

35 % formate

Calcium oxide

Formate’

| (2) | Section E.1 is amended as follows:






  (a) | in Section E.1.2, entries 2b and 2c are replaced by the following:










  ‘2b | Cobalt chelate | Water-soluble product containing cobalt chemically combined with authorised chelating agent(s) | 5 % of water-soluble cobalt and at least 80 % of the water-soluble cobalt is chelated by authorised chelating agent(s) | Name of each authorised chelating agent that chelates at least 1 % water-soluble cobalt and that can be identified and quantified by a European standard | Water-soluble cobalt (Co)
  Optional: Total cobalt (Co) chelated by authorised chelating agents
  Cobalt (Co) chelated by each authorised chelating agent that chelates at least 1 % water-soluble cobalt and that can be identified and quantified by a European standard |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 2c | Cobalt fertiliser solution | Aqueous solution of types 2a and/or types 2b | 2 % water-soluble cobalt | The designation must include:






  (1) | the name(s) of the mineral anion(s) |

(2)

Section E.1 is amended as follows:

(a)

in Section E.1.2, entries 2b and 2c are replaced by the following:

‘2b

Cobalt chelate

Water-soluble product containing cobalt chemically combined with authorised chelating agent(s)

5 % of water-soluble cobalt and at least 80 % of the water-soluble cobalt is chelated by authorised chelating agent(s)

Name of each authorised chelating agent that chelates at least 1 % water-soluble cobalt and that can be identified and quantified by a European standard

Water-soluble cobalt (Co)

Optional: Total cobalt (Co) chelated by authorised chelating agents

Cobalt (Co) chelated by each authorised chelating agent that chelates at least 1 % water-soluble cobalt and that can be identified and quantified by a European standard

2c

Cobalt fertiliser solution

Aqueous solution of types 2a and/or types 2b

2 % water-soluble cobalt

The designation must include:

(1)

the name(s) of the mineral anion(s)

| (2) | the name of any authorised chelating agent that chelates at least 1 % water-soluble cobalt if present and that can be identified and quantified by a European standard |
| --- | --- |

(2)

the name of any authorised chelating agent that chelates at least 1 % water-soluble cobalt if present and that can be identified and quantified by a European standard

Water-soluble cobalt (Co)

Optional: Total cobalt (Co) chelated by authorised chelating agents

Cobalt (Co) chelated by each authorised chelating agent that chelates at least 1 % water-soluble cobalt and that can be identified and quantified by a European standard’

| (b) | in Section E.1.3, entries 3d and 3f are replaced by the following:










  ‘3d | Copper chelate | Water-soluble product containing copper chemically combined with authorised chelating agent(s) | 5 % of water-soluble copper and at least 80 % of the water-soluble copper is chelated by authorised chelating agent(s) | Name of each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standard | Water-soluble copper (Cu)
  Optional: Total copper (Cu) chelated by authorised chelating agents
  Copper (Cu) chelated by each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standard |
| --- | --- | --- | --- | --- | --- | --- |
| 3f | Copper fertiliser solution | Aqueous solution of types 3a and/or types 3d | 2 % water-soluble copper | The designation must include:






  (1) | the name(s) of the mineral anion(s) |

(b)

in Section E.1.3, entries 3d and 3f are replaced by the following:

‘3d

Copper chelate

Water-soluble product containing copper chemically combined with authorised chelating agent(s)

5 % of water-soluble copper and at least 80 % of the water-soluble copper is chelated by authorised chelating agent(s)

Name of each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standard

Water-soluble copper (Cu)

Optional: Total copper (Cu) chelated by authorised chelating agents

Copper (Cu) chelated by each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standard

3f

Copper fertiliser solution

Aqueous solution of types 3a and/or types 3d

2 % water-soluble copper

The designation must include:

(1)

the name(s) of the mineral anion(s)

| (2) | the name of any authorised chelating agent that chelates at least 1 % water-soluble copper if present and that can be identified and quantified by a European standard |
| --- | --- |

(2)

the name of any authorised chelating agent that chelates at least 1 % water-soluble copper if present and that can be identified and quantified by a European standard

Water-soluble copper (Cu)

Optional: Total copper (Cu) chelated by authorised chelating agents

Copper (Cu) chelated by each authorised chelating agent that chelates at least 1 % water-soluble copper and that can be identified and quantified by a European standard’

| (c) | in Section E.1.4, entries 4b and 4c are replaced by the following:










  ‘4b | Iron chelate | Water-soluble product containing iron chemically combined with authorised chelating agent(s) | 5 % of water-soluble iron, of which the chelated fraction is at least 80 % and at least 50 % of the water-soluble iron is chelated by authorised chelating agent(s) | Name of each authorised chelating agent that chelates at least 1 % water-soluble iron and that can be identified and quantified by a European standard | Water-soluble iron (Fe)
  Optional: Total iron (Fe) chelated by authorised chelating agents
  Iron (Fe) chelated by each authorised chelating agent that chelates at least 1 % water-soluble iron and that can be identified and quantified by a European standard |
| --- | --- | --- | --- | --- | --- | --- |
| 4c | Iron fertiliser solution | Aqueous solution of types 4a and/or types 4b | 2 % of water soluble iron | The designation must include:






  (1) | the name(s) of the mineral anion(s) |

(c)

in Section E.1.4, entries 4b and 4c are replaced by the following:

‘4b

Iron chelate

Water-soluble product containing iron chemically combined with authorised chelating agent(s)

5 % of water-soluble iron, of which the chelated fraction is at least 80 % and at least 50 % of the water-soluble iron is chelated by authorised chelating agent(s)

Name of each authorised chelating agent that chelates at least 1 % water-soluble iron and that can be identified and quantified by a European standard

Water-soluble iron (Fe)

Optional: Total iron (Fe) chelated by authorised chelating agents

Iron (Fe) chelated by each authorised chelating agent that chelates at least 1 % water-soluble iron and that can be identified and quantified by a European standard

4c

Iron fertiliser solution

Aqueous solution of types 4a and/or types 4b

2 % of water soluble iron

The designation must include:

(1)

the name(s) of the mineral anion(s)

| (2) | the name of any authorised chelating agent that chelates at least 1 % water-soluble iron if present and that can be identified and quantified by a European standard |
| --- | --- |

(2)

the name of any authorised chelating agent that chelates at least 1 % water-soluble iron if present and that can be identified and quantified by a European standard

Water-soluble iron (Fe)

Optional: Total iron (Fe) chelated by authorised chelating agents

Iron (Fe) chelated by each authorised chelating agent that chelates at least 1 % water-soluble iron and that can be identified and quantified by a European standard’

| (d) | in Section E.1.5, entries 5b and 5e are replaced by the following:










  ‘5b | Manganese chelate | Water-soluble product containing manganese chemically combined with authorised chelating agent(s) | 5 % of water-soluble manganese and at least 80 % of the water-soluble manganese is chelated by authorised chelating agent(s) | Name of each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standard | Water-soluble manganese (Mn)
  Optional: Total manganese (Mn) chelated by authorised chelating agents
  Manganese (Mn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standard |
| --- | --- | --- | --- | --- | --- | --- |
| 5e | Manganese fertiliser solution | Aqueous solution of types 5a and/or types 5b | 2 % water-soluble manganese | The designation must include:






  (1) | the name(s) of the mineral anion(s) |

(d)

in Section E.1.5, entries 5b and 5e are replaced by the following:

‘5b

Manganese chelate

Water-soluble product containing manganese chemically combined with authorised chelating agent(s)

5 % of water-soluble manganese and at least 80 % of the water-soluble manganese is chelated by authorised chelating agent(s)

Name of each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standard

Water-soluble manganese (Mn)

Optional: Total manganese (Mn) chelated by authorised chelating agents

Manganese (Mn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standard

5e

Manganese fertiliser solution

Aqueous solution of types 5a and/or types 5b

2 % water-soluble manganese

The designation must include:

(1)

the name(s) of the mineral anion(s)

| (2) | the name of any authorised chelating agent that chelates at least 1 % water-soluble manganese if present and that can be identified and quantified by a European standard |
| --- | --- |

(2)

the name of any authorised chelating agent that chelates at least 1 % water-soluble manganese if present and that can be identified and quantified by a European standard

Water-soluble manganese (Mn)

Optional: Total manganese (Mn) chelated by authorised chelating agents

Manganese (Mn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble manganese and that can be identified and quantified by a European standard’

| (e) | in Section E.1.7, entries 7b and 7e are replaced by the following:










  ‘7b | Zinc chelate | Water-soluble product containing zinc chemically combined with authorised chelating agent(s) | 5 % of water-soluble zinc and at least 80 % of the water-soluble zinc is chelated by authorised chelating agent(s) | Name of each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standard | Water-soluble zinc (Zn)
  Optional: Total zinc (Zn) chelated by authorised chelating agents
  Zinc (Zn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standard |
| --- | --- | --- | --- | --- | --- | --- |
| 7e | Zinc fertiliser solution | Aqueous solution of types 7a and/or types 7b | 2 % water-soluble zinc | The designation must include:






  (1) | the name(s) of the mineral anion(s) |

(e)

in Section E.1.7, entries 7b and 7e are replaced by the following:

‘7b

Zinc chelate

Water-soluble product containing zinc chemically combined with authorised chelating agent(s)

5 % of water-soluble zinc and at least 80 % of the water-soluble zinc is chelated by authorised chelating agent(s)

Name of each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standard

Water-soluble zinc (Zn)

Optional: Total zinc (Zn) chelated by authorised chelating agents

Zinc (Zn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standard

7e

Zinc fertiliser solution

Aqueous solution of types 7a and/or types 7b

2 % water-soluble zinc

The designation must include:

(1)

the name(s) of the mineral anion(s)

| (2) | the name of any authorised chelating agent that chelates at least 1 % water-soluble zinc if present and that can be identified and quantified by a European standard |
| --- | --- |

(2)

the name of any authorised chelating agent that chelates at least 1 % water-soluble zinc if present and that can be identified and quantified by a European standard

Water-soluble zinc (Zn)

Optional: Total zinc (Zn) chelated by authorised chelating agents

Zinc (Zn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standard’

| (f) | in Section E.1.7, the following entry 7f is added:










  ‘7f | Zinc fertiliser suspension | Product obtained by suspending type 7(a) and/or 7(c) and/or types 7(b) in water | 20 % total zinc | The designation must include:






  (1) | the name(s) of the anions |
| --- | --- | --- | --- | --- | --- | --- |

(f)

in Section E.1.7, the following entry 7f is added:

‘7f

Zinc fertiliser suspension

Product obtained by suspending type 7(a) and/or 7(c) and/or types 7(b) in water

20 % total zinc

The designation must include:

(1)

the name(s) of the anions

| (2) | the name of any authorised chelating agent that chelates at least 1 % water-soluble zinc if present and that can be identified and quantified by a European standard |
| --- | --- |

(2)

the name of any authorised chelating agent that chelates at least 1 % water-soluble zinc if present and that can be identified and quantified by a European standard

Total zinc (Zn)

Water-soluble zinc (Zn) if present

Zinc (Zn) chelated by each authorised chelating agent that chelates at least 1 % water-soluble zinc and that can be identified and quantified by a European standard’

| (3) | Section E.2 is amended as follows:






  (a) | the title of Section E.2 is replaced by the following:
  ‘E.2.   Minimum micro-nutrient content, percentage weight of fertiliser; mixed micro-nutrient fertiliser types’; |
| --- | --- | --- |

(3)

Section E.2 is amended as follows:

(a)

the title of Section E.2 is replaced by the following:

‘E.2.   Minimum micro-nutrient content, percentage weight of fertiliser; mixed micro-nutrient fertiliser types’;

| (b) | the title of Section E.2.1 is replaced by the following:
  ‘E.2.1.   Minimum micro-nutrient content in solid or fluid mixtures of micro-nutrient fertilisers, percentage weight of fertiliser’; |
| --- | --- |

(b)

the title of Section E.2.1 is replaced by the following:

‘E.2.1.   Minimum micro-nutrient content in solid or fluid mixtures of micro-nutrient fertilisers, percentage weight of fertiliser’;

| (c) | in Section E.2.1, the two sentences below the table are deleted; |
| --- | --- |

(c)

in Section E.2.1, the two sentences below the table are deleted;

| (d) | the title of Section E.2.2 is replaced by the following:
  ‘E.2.2.   Minimum micro-nutrient content in EC fertilisers containing primary and/or secondary nutrient(s) with micro-nutrient(s) applied to the soil, percentage weight of fertiliser’; |
| --- | --- |

(d)

the title of Section E.2.2 is replaced by the following:

‘E.2.2.   Minimum micro-nutrient content in EC fertilisers containing primary and/or secondary nutrient(s) with micro-nutrient(s) applied to the soil, percentage weight of fertiliser’;

| (e) | the title of Section E.2.3 is replaced by the following:
  ‘E.2.3.   Minimum micro-nutrient content in EC fertilisers containing primary and/or secondary nutrient(s) with micro-nutrient(s) for leaf sprays, percentage weight of fertiliser’; |
| --- | --- |

(e)

the title of Section E.2.3 is replaced by the following:

‘E.2.3.   Minimum micro-nutrient content in EC fertilisers containing primary and/or secondary nutrient(s) with micro-nutrient(s) for leaf sprays, percentage weight of fertiliser’;

| (f) | the following Section E.2.4 is added:
  ‘E.2.4.   Solid or fluid mixtures of micro-nutrient fertilisers











  No | Type designation | Data on method of production and essential ingredients | Minimum total content of micro-nutrients (percentage by weight)
  Data on expression of nutrients
  Other requirements | Other data on the type designation | Nutrient content to be declared
  Forms and solubilities of the nutrients
  Other criteria |
| --- | --- | --- | --- | --- | --- | --- |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1 | Mixture of micro-nutrients | Product obtained by mixing two or more E.1 type fertilisers | Total of micro-nutrients: 5 % by mass of the fertiliser
  Individual micro-nutrient according to Section E.2.1 | The designation must include:






  (1) | the names of any mineral anions if present |

(f)

the following Section E.2.4 is added:

‘E.2.4.   Solid or fluid mixtures of micro-nutrient fertilisers

No

Type designation

Data on method of production and essential ingredients

Minimum total content of micro-nutrients (percentage by weight)

Data on expression of nutrients

Other requirements

Other data on the type designation

Nutrient content to be declared

Forms and solubilities of the nutrients

Other criteria

1

2

3

4

5

6

1

Mixture of micro-nutrients

Product obtained by mixing two or more E.1 type fertilisers

Total of micro-nutrients: 5 % by mass of the fertiliser

Individual micro-nutrient according to Section E.2.1

The designation must include:

(1)

the names of any mineral anions if present

| (2) | the name(s) of any authorised chelating agents if present |
| --- | --- |

(2)

the name(s) of any authorised chelating agents if present

Total content of each nutrient

Water soluble content of each nutrient if present

Micro-nutrient chelated by each authorised chelating agent(s) if present

2

Fluid mixture of micro-nutrients

Product obtained by dissolving and/or suspending two or more E.1 type fertilisers in water

Total of micro-nutrients: 2 % by mass of the fertiliser

Individual micro-nutrient according to Section E.2.1

The designation must include:

| (1) | the names of any mineral anions if present |
| --- | --- |

(1)

the names of any mineral anions if present

| (2) | the name(s) of any authorised chelating agents if present |
| --- | --- |

(2)

the name(s) of any authorised chelating agents if present

Total content of each nutrient

Water soluble content of each nutrient if present

Micro-nutrient chelated by each authorised chelating agent(s), if present’

| (4) | In Section E.3.1, the following entry is added:








  ‘Iminodisuccinic acid | IDHA | C8H11O8N | 131669-35-7’. |
| --- | --- | --- | --- | --- |

(4)

In Section E.3.1, the following entry is added:

‘Iminodisuccinic acid

IDHA

C8H11O8N

131669-35-7’.

---

ANNEX II

Section B of Annex IV to Regulation (EC) No 2003/2003 is amended as follows:

| (1) | Method 2.6.2 is replaced by the following:

  ‘
  Method 2.6.2


  Determination of total nitrogen in fertilisers containing nitrogen only as nitric, ammoniacal and urea nitrogen by two different methods

  EN 15750: Fertilizers. Determination of total nitrogen in fertilizers containing nitrogen only as nitric, ammoniacal and urea nitrogen by two different methods.
  This method of analysis has been ring-tested.’ |
| --- | --- |

(1)

Method 2.6.2 is replaced by the following:

‘
  Method 2.6.2

Determination of total nitrogen in fertilisers containing nitrogen only as nitric, ammoniacal and urea nitrogen by two different methods

EN 15750: Fertilizers. Determination of total nitrogen in fertilizers containing nitrogen only as nitric, ammoniacal and urea nitrogen by two different methods.

This method of analysis has been ring-tested.’

| (2) | The following method 2.6.3 is added:

  ‘
  Method 2.6.3


  Determination of urea condensates using HPLC — Isobutylenediurea and crotonylidenediurea (method A) and methylen-urea oligomers (method B)

  EN 15705: Fertilizers. Determination of urea condensates using high-performance liquid chromatography (HPLC). Isobutylenediurea and crotonylidenediurea (method A) and methylen-urea oligomers (method B)
  This method of analysis has been ring-tested.’ |
| --- | --- |

(2)

The following method 2.6.3 is added:

‘
  Method 2.6.3

Determination of urea condensates using HPLC — Isobutylenediurea and crotonylidenediurea (method A) and methylen-urea oligomers (method B)

EN 15705: Fertilizers. Determination of urea condensates using high-performance liquid chromatography (HPLC). Isobutylenediurea and crotonylidenediurea (method A) and methylen-urea oligomers (method B)

This method of analysis has been ring-tested.’

| (3) | The following title of method 5 is inserted:


  ‘Carbon dioxide’ |
| --- | --- |

(3)

The following title of method 5 is inserted:

‘Carbon dioxide’

| (4) | The following method 5.1 is inserted:

  ‘
  Method 5.1


  Determination of carbon dioxide — Part I: method for solid fertilisers

  EN 14397-1: Fertilizers and liming materials. Determination of carbon dioxide. Part I: method for solid fertilisers
  This method of analysis has been ring-tested.’ |
| --- | --- |

(4)

The following method 5.1 is inserted:

‘
  Method 5.1

Determination of carbon dioxide — Part I: method for solid fertilisers

EN 14397-1: Fertilizers and liming materials. Determination of carbon dioxide. Part I: method for solid fertilisers

This method of analysis has been ring-tested.’

| (5) | Method 8.9 is replaced by the following:

  ‘
  Method 8.9


  Determination of the sulfates content using three different methods

  EN 15749: Fertilizers. Determination of sulfates content using three different methods
  This method of analysis has been ring-tested.’ |
| --- | --- |

(5)

Method 8.9 is replaced by the following:

‘
  Method 8.9

Determination of the sulfates content using three different methods

EN 15749: Fertilizers. Determination of sulfates content using three different methods

This method of analysis has been ring-tested.’

---

| 17.2.2011 | EN | Official Journal of the European Union | L 43/9 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/9

---

COMMISSION REGULATION (EU) No 138/2011

of 16 February 2011

imposing a provisional anti-dumping duty on imports of certain open mesh fabrics of glass fibres originating in the People's Republic of China

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PROCEDURE

PROCEDURE

1.   Initiation

Initiation

| (1) | On 20 May 2010, the European Commission (the Commission) announced, by a notice published in the Official Journal of the European Union (2) (Notice of initiation), the initiation of an anti-dumping proceeding with regard to imports into the Union of certain open mesh fabrics of glass fibres originating in the People's Republic of China (‘PRC’ or ‘the country concerned’). |
| --- | --- |

(1)

On 20 May 2010, the European Commission (the Commission) announced, by a notice published in the Official Journal of the European Union (2) (Notice of initiation), the initiation of an anti-dumping proceeding with regard to imports into the Union of certain open mesh fabrics of glass fibres originating in the People's Republic of China (‘PRC’ or ‘the country concerned’).

Official Journal of the European Union

2

| (2) | The anti-dumping proceeding was initiated following a complaint lodged on 6 April 2010 by Saint-Gobain Vertex s.r.o., Tolnatex Fonalfeldolgozo es Muszakiszovetgyarto, Valmieras ‘Stikla Skiedra’ AS and Vitrulan Technical Textiles GmbH (the complainants), representing a major proportion, in this case more than 25 %, of the total Union production of certain open mesh fabrics. The complaint contained prima facie evidence of dumping of the said product and of material injury resulting there from, which was considered sufficient to justify the initiation of a proceeding. |
| --- | --- |

(2)

The anti-dumping proceeding was initiated following a complaint lodged on 6 April 2010 by Saint-Gobain Vertex s.r.o., Tolnatex Fonalfeldolgozo es Muszakiszovetgyarto, Valmieras ‘Stikla Skiedra’ AS and Vitrulan Technical Textiles GmbH (the complainants), representing a major proportion, in this case more than 25 %, of the total Union production of certain open mesh fabrics. The complaint contained prima facie evidence of dumping of the said product and of material injury resulting there from, which was considered sufficient to justify the initiation of a proceeding.

2.   Parties concerned by the proceeding

Parties concerned by the proceeding

| (3) | The Commission officially advised the complainants, other known Union producers, the known exporting producers in the PRC, and the representatives of the PRC, known importers and users, of the initiation of the proceeding. The Commission also advised producers in the United States of America (USA), Canada, Croatia, Turkey and Thailand, as these countries were envisaged as a possible analogue country. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing. |
| --- | --- |

(3)

The Commission officially advised the complainants, other known Union producers, the known exporting producers in the PRC, and the representatives of the PRC, known importers and users, of the initiation of the proceeding. The Commission also advised producers in the United States of America (USA), Canada, Croatia, Turkey and Thailand, as these countries were envisaged as a possible analogue country. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing.

| (4) | In view of the apparent high number of exporting producers in the PRC, unrelated importers and Union producers, sampling was envisaged in the Notice of initiation for the determination of dumping and injury 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, all known exporting producers in the PRC, importers and Union producers, were asked to make themselves known to the Commission and to provide, as specified in the Notice of initiation, basic information on their activities related to the product concerned during the period from 1 April 2009 to 31 March 2010. The authorities of the PRC were also consulted. |
| --- | --- |

(4)

In view of the apparent high number of exporting producers in the PRC, unrelated importers and Union producers, sampling was envisaged in the Notice of initiation for the determination of dumping and injury 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, all known exporting producers in the PRC, importers and Union producers, were asked to make themselves known to the Commission and to provide, as specified in the Notice of initiation, basic information on their activities related to the product concerned during the period from 1 April 2009 to 31 March 2010. The authorities of the PRC were also consulted.

| (5) | Sixteen replies were received to the sampling exercise from exporting producers in the PRC covering 86 % of imports during the investigation period as defined in the recital below. Therefore, the cooperation is considered to be high. |
| --- | --- |

(5)

Sixteen replies were received to the sampling exercise from exporting producers in the PRC covering 86 % of imports during the investigation period as defined in the recital below. Therefore, the cooperation is considered to be high.

| (6) | In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample of exporting producers based on the largest representative volume of exports of the product concerned to the Union which could reasonably be investigated within the time available. The sample selected consists of two individual exporting producers and one exporting producer group consisting of four related companies, representing 42 % of imports to the Union during the Investigation Period (IP) as defined in recital 13 below. In accordance with Article 17(2) of the basic Regulation, the parties concerned and the PRC authorities were consulted on the selection of sample and raised no objection. |
| --- | --- |

(6)

In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample of exporting producers based on the largest representative volume of exports of the product concerned to the Union which could reasonably be investigated within the time available. The sample selected consists of two individual exporting producers and one exporting producer group consisting of four related companies, representing 42 % of imports to the Union during the Investigation Period (IP) as defined in recital 13 below. In accordance with Article 17(2) of the basic Regulation, the parties concerned and the PRC authorities were consulted on the selection of sample and raised no objection.

| (7) | With regard to Union industry, twelve producers provided the requested information and agreed to be included in the sample. On this basis, the Commission selected a sample composed of the four biggest Union producers in terms of sales and production representing, 70 % of the total sales by Union industry as defined in recital 59 below. |
| --- | --- |

(7)

With regard to Union industry, twelve producers provided the requested information and agreed to be included in the sample. On this basis, the Commission selected a sample composed of the four biggest Union producers in terms of sales and production representing, 70 % of the total sales by Union industry as defined in recital 59 below.

| (8) | Only four unrelated importers provided the requested information within the deadlines set out in the Notice of initiation. Therefore, it was decided that sampling with regard to unrelated importers was not necessary. |
| --- | --- |

(8)

Only four unrelated importers provided the requested information within the deadlines set out in the Notice of initiation. Therefore, it was decided that sampling with regard to unrelated importers was not necessary.

| (9) | In order to allow sampled exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the sampled exporting producers. All sampled exporting producers requested MET pursuant to Article 2(7) of the basic Regulation or IT should the investigation establish that they did not meet the conditions for MET. In addition, one exporting producer consisting of a group of related companies which was not included in the sample, requested individual examination under Article 17(3) of the basic Regulation. |
| --- | --- |

(9)

In order to allow sampled exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the sampled exporting producers. All sampled exporting producers requested MET pursuant to Article 2(7) of the basic Regulation or IT should the investigation establish that they did not meet the conditions for MET. In addition, one exporting producer consisting of a group of related companies which was not included in the sample, requested individual examination under Article 17(3) of the basic Regulation.

| (10) | The Commission sent questionnaires to the sampled exporting producers, as well as to the non-sampled exporting producer that had requested individual examination, to the four sampled Union producers, the four cooperating unrelated importers and to all known users in the Union. Questionnaires were also sent to producers in the USA which was the proposed analogue country as mentioned in the Notice of initiation, and to producers in other possible analogue countries. Questionnaire replies were received from the sampled exporting producers in the PRC and from the one cooperating producer who requested individual examination, from one producer in the United States of America and one producer in Canada, envisaged analogue country as explained in recital 43 below, from all sampled Union producers and from four unrelated importers. No users supplied the Commission with any information or made themselves known in the course of this investigation. |
| --- | --- |

(10)

The Commission sent questionnaires to the sampled exporting producers, as well as to the non-sampled exporting producer that had requested individual examination, to the four sampled Union producers, the four cooperating unrelated importers and to all known users in the Union. Questionnaires were also sent to producers in the USA which was the proposed analogue country as mentioned in the Notice of initiation, and to producers in other possible analogue countries. Questionnaire replies were received from the sampled exporting producers in the PRC and from the one cooperating producer who requested individual examination, from one producer in the United States of America and one producer in Canada, envisaged analogue country as explained in recital 43 below, from all sampled Union producers and from four unrelated importers. No users supplied the Commission with any information or made themselves known in the course of this investigation.

| (11) | The Commission sought and verified all the information deemed necessary for the purpose of analysis of MET/IT and for a provisional determination of dumping, resulting injury and Union interest and carried out verifications at the premises of the following companies:






  (a) | Exporting producers in the PRC







  — | Yuyao Mingda Fiberglass Co., Ltd |
| --- | --- | --- | --- |

(11)

The Commission sought and verified all the information deemed necessary for the purpose of analysis of MET/IT and for a provisional determination of dumping, resulting injury and Union interest and carried out verifications at the premises of the following companies:

(a)

Exporting producers in the PRC

Exporting producers in the PRC

—

Yuyao Mingda Fiberglass Co., Ltd

| — | Ningbo Weishan Duo Bao Building Materials Co., Ltd |
| --- | --- |

—

Ningbo Weishan Duo Bao Building Materials Co., Ltd

| — | Grand Composite Group composed of:






  — | Grand Composite Co. Ltd |
| --- | --- | --- |

—

Grand Composite Group composed of:

—

Grand Composite Co. Ltd

| — | Ningbo Grand Fiberglass Co. Ltd |
| --- | --- |

—

Ningbo Grand Fiberglass Co. Ltd

| — | Ningbo Grand Industrial Co. Ltd |
| --- | --- |

—

Ningbo Grand Industrial Co. Ltd

| (b) | Union producers







  — | Saint Gobain Vertex s.r.o, Czech Republic |
| --- | --- | --- |

(b)

Union producers

Union producers

—

Saint Gobain Vertex s.r.o, Czech Republic

| — | Tolnatex Fonalfeldolgozo es Muszakiszovetgyarto, Hungary |
| --- | --- |

—

Tolnatex Fonalfeldolgozo es Muszakiszovetgyarto, Hungary

| — | Vitrulan Technical Textiles GmbH, Germany |
| --- | --- |

—

Vitrulan Technical Textiles GmbH, Germany

| — | Valmieras Stikla Skiedra AS, Latvia |
| --- | --- |

—

Valmieras Stikla Skiedra AS, Latvia

| (c) | Unrelated importers







  — | Masterplast, Hungary |
| --- | --- | --- |

(c)

Unrelated importers

Unrelated importers

—

Masterplast, Hungary

| (12) | In view of the need to establish a normal value for the exporting producers in the PRC to which MET might not be granted, a verification to establish normal value on the basis of data from Canada as analogue country took place at the premises of the following company:






  (d) | Producer in analogue country







  — | Saint Gobain Technical Fabrics, Midland, Canada |
| --- | --- | --- | --- |

(12)

In view of the need to establish a normal value for the exporting producers in the PRC to which MET might not be granted, a verification to establish normal value on the basis of data from Canada as analogue country took place at the premises of the following company:

(d)

Producer in analogue country

Producer in analogue country

—

Saint Gobain Technical Fabrics, Midland, Canada

3.   Investigation period

Investigation period

| (13) | The investigation of dumping and injury covered the period from 1 April 2009 to 31 March 2010 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2006 to the end of the investigation period (period considered). |
| --- | --- |

(13)

The investigation of dumping and injury covered the period from 1 April 2009 to 31 March 2010 (‘investigation period’ or ‘IP’). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2006 to the end of the investigation period (period considered).

B.   PRODUCT CONCERNED AND LIKE PRODUCT

PRODUCT CONCERNED AND LIKE PRODUCT

1.   Product concerned

Product concerned

| (14) | The product concerned is open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2 originating in the PRC (the product concerned) and currently falling within CN codes ex 7019 40 00, ex 7019 51 00, ex 7019 59 00, ex 7019 90 91 and ex 7019 90 99. |
| --- | --- |

(14)

The product concerned is open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2 originating in the PRC (the product concerned) and currently falling within CN codes ex 7019 40 00, ex 7019 51 00, ex 7019 59 00, ex 7019 90 91 and ex 7019 90 99.

2

| (15) | Open mesh fabrics are made of glass fibre yarns and can be found in different cell sizes and weight per square meter. They are mostly used as reinforcement material in the construction sector (external thermal insulation, marble/floor reinforcement, wall repair). |
| --- | --- |

(15)

Open mesh fabrics are made of glass fibre yarns and can be found in different cell sizes and weight per square meter. They are mostly used as reinforcement material in the construction sector (external thermal insulation, marble/floor reinforcement, wall repair).

| (16) | After initiation, an exporting producer in the PRC that manufactures fibreglass discs requested clarification whether that product type is included in the product definition. The Union industry was consulted and was of the opinion that such discs may be considered as downstream product and thus are not necessarily covered by the product definition. Since at this stage of the proceeding information at the Commission's disposal does not yet allow for a definitive conclusion concerning its basic characteristics, it was decided to provisionally treat fibreglass discs as forming part of the product concerned, pending collection of further information and considerations from interested parties in the remainder of the investigation. |
| --- | --- |

(16)

After initiation, an exporting producer in the PRC that manufactures fibreglass discs requested clarification whether that product type is included in the product definition. The Union industry was consulted and was of the opinion that such discs may be considered as downstream product and thus are not necessarily covered by the product definition. Since at this stage of the proceeding information at the Commission's disposal does not yet allow for a definitive conclusion concerning its basic characteristics, it was decided to provisionally treat fibreglass discs as forming part of the product concerned, pending collection of further information and considerations from interested parties in the remainder of the investigation.

2.   Like product

Like product

| (17) | The investigation has shown that open mesh fabrics of glass fibres produced and sold on the domestic market of the PRC and on the domestic market of Canada, which served provisionally as an analogue country, as well as the open mesh fabrics of glass fibres produced and sold in the Union by the Union producers have essentially the same basic physical, chemical and technical characteristics and the same basic uses. They are therefore provisionally considered to be alike within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(17)

The investigation has shown that open mesh fabrics of glass fibres produced and sold on the domestic market of the PRC and on the domestic market of Canada, which served provisionally as an analogue country, as well as the open mesh fabrics of glass fibres produced and sold in the Union by the Union producers have essentially the same basic physical, chemical and technical characteristics and the same basic uses. They are therefore provisionally considered to be alike within the meaning of Article 1(4) of the basic Regulation.

C.   DUMPING

DUMPING

1.   General methodology

General methodology

| (18) | The general methodology set out hereinafter has been applied to the cooperating exporting producers in PRC to establishing whether or not they were practicing dumping. |
| --- | --- |

(18)

The general methodology set out hereinafter has been applied to the cooperating exporting producers in PRC to establishing whether or not they were practicing dumping.

2.   Market Economy Treatment (MET)

Market Economy Treatment (MET)

| (19) | Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of the said Article for those producers which were found to meet the criteria laid down in Article 2(7)(c) of the basic Regulation. Briefly and for ease of reference only, these criteria are set out in summarised form below:






  1. | business decisions are made in response to market signals, without significant State interference, and costs reflect market values; |
| --- | --- | --- |

(19)

Pursuant to Article 2(7)(b) of the basic Regulation, in anti-dumping investigations concerning imports originating in the PRC, normal value shall be determined in accordance with paragraphs 1 to 6 of the said Article for those producers which were found to meet the criteria laid down in Article 2(7)(c) of the basic Regulation. Briefly and for ease of reference only, these criteria are set out in summarised form below:

1.

business decisions are made in response to market signals, without significant State interference, and costs reflect market values;

| 2. | firms have one clear set of basic accounting records, which are independently audited in line with international accounting standards and are applied for all purposes; |
| --- | --- |

2.

firms have one clear set of basic accounting records, which are independently audited in line with international accounting standards and are applied for all purposes;

| 3. | there are no significant distortions carried over from the former non-market economy system; |
| --- | --- |

3.

there are no significant distortions carried over from the former non-market economy system;

| 4. | bankruptcy and property laws guarantee stability and legal certainty; and |
| --- | --- |

4.

bankruptcy and property laws guarantee stability and legal certainty; and

| 5. | exchange rate conversions are carried out at market rates. |
| --- | --- |

5.

exchange rate conversions are carried out at market rates.

| (20) | In the present investigation, all sampled exporting producers requested MET pursuant to Article 2(7)(b) of the basic Regulation and replied to the MET claim form within the given deadline. |
| --- | --- |

(20)

In the present investigation, all sampled exporting producers requested MET pursuant to Article 2(7)(b) of the basic Regulation and replied to the MET claim form within the given deadline.

| (21) | For all the abovementioned sampled exporting producers, the Commission sought all information deemed necessary and verified the information submitted in the MET claim forms and all other information deemed necessary at the premises of the following companies:






  — | Yuyao Mingda Fiberglass Co., Ltd |
| --- | --- | --- |

(21)

For all the abovementioned sampled exporting producers, the Commission sought all information deemed necessary and verified the information submitted in the MET claim forms and all other information deemed necessary at the premises of the following companies:

—

Yuyao Mingda Fiberglass Co., Ltd

| — | Ningbo Weishan Duo Bao Building Materials Co., Ltd |
| --- | --- |

—

Ningbo Weishan Duo Bao Building Materials Co., Ltd

| — | Grand Composite Group, composed of:






  — | Grand Composite Co. Ltd |
| --- | --- | --- |

—

Grand Composite Group, composed of:

—

Grand Composite Co. Ltd

| — | gbo Grand Fiberglass Co. Ltd |
| --- | --- |

—

gbo Grand Fiberglass Co. Ltd

| — | Ningbo Grand Industrial Co. Ltd |
| --- | --- |

—

Ningbo Grand Industrial Co. Ltd

| — | The fourth company of the sampled group of related companies is located in British Virgin Islands and was therefore not part of the MET assessment. |
| --- | --- |

—

The fourth company of the sampled group of related companies is located in British Virgin Islands and was therefore not part of the MET assessment.

| (22) | The investigation initially established that two sampled exporting producers in the PRC fulfilled all the criteria set forth in Article 2(7)(c) of the basic Regulation to be granted MET while the third sampled exporting producer consisting of a group of related companies failed to meet criterion 2 in respect of the international accounting standards. In particular, it was found that certain costs, revenues and accounts did not accurately reflect the true financial situation of the companies in the group. Moreover, the lack of completeness of the accounts was not mentioned in the auditor's report. |
| --- | --- |

(22)

The investigation initially established that two sampled exporting producers in the PRC fulfilled all the criteria set forth in Article 2(7)(c) of the basic Regulation to be granted MET while the third sampled exporting producer consisting of a group of related companies failed to meet criterion 2 in respect of the international accounting standards. In particular, it was found that certain costs, revenues and accounts did not accurately reflect the true financial situation of the companies in the group. Moreover, the lack of completeness of the accounts was not mentioned in the auditor's report.

| (23) | The Commission officially disclosed the results of the MET findings to the exporting producers concerned in the PRC, and the complainants. They were also given an opportunity to make their views known in writing and to request a hearing if there were particular reasons to be heard. |
| --- | --- |

(23)

The Commission officially disclosed the results of the MET findings to the exporting producers concerned in the PRC, and the complainants. They were also given an opportunity to make their views known in writing and to request a hearing if there were particular reasons to be heard.

| (24) | Following the disclosure of the MET findings, comments were only received from the sampled exporting producer/group which was not granted MET. However, these comments were not such as to change the findings in this regard as they did not rebut the deficiencies but provided general explanations about the fact that only one private person controlled the whole group and that the companies in the group were going through a transitional phase in the process of integrating their business. |
| --- | --- |

(24)

Following the disclosure of the MET findings, comments were only received from the sampled exporting producer/group which was not granted MET. However, these comments were not such as to change the findings in this regard as they did not rebut the deficiencies but provided general explanations about the fact that only one private person controlled the whole group and that the companies in the group were going through a transitional phase in the process of integrating their business.

| (25) | Just prior to the dumping verification visits, the Commission received some allegations supported in the one instance by documentation concerning the two exporting producers in the PRC to which it was initially proposed to grant MET. These allegations were examined during the dumping verification visits. |
| --- | --- |

(25)

Just prior to the dumping verification visits, the Commission received some allegations supported in the one instance by documentation concerning the two exporting producers in the PRC to which it was initially proposed to grant MET. These allegations were examined during the dumping verification visits.

| (26) | For the first exporting producer, the allegation received specifically claimed that it had provided falsified Articles of Association in its MET claim form and during the MET verification visit. The Commission was provided with copies of the allegedly genuine Articles of Association and the corresponding Joint Venture Contract between the company's shareholders. During the dumping verification visit, the exporting producer provided a certified copy of its Articles of Association registered with the local authority which was the same undated document as that provided by the company in its MET claim form and during the MET on-spot visit. |
| --- | --- |

(26)

For the first exporting producer, the allegation received specifically claimed that it had provided falsified Articles of Association in its MET claim form and during the MET verification visit. The Commission was provided with copies of the allegedly genuine Articles of Association and the corresponding Joint Venture Contract between the company's shareholders. During the dumping verification visit, the exporting producer provided a certified copy of its Articles of Association registered with the local authority which was the same undated document as that provided by the company in its MET claim form and during the MET on-spot visit.

| (27) | The comparison of this document with the one received by the Commission as described in recitals 25 and 26 above revealed differences in the dates, in the parties involved and in certain provisions regarding restrictions on labour hiring. Further differences were found regarding sales restrictions when comparing the Joint Venture contract submitted with the company's MET claim form and the one received by the Commission. |
| --- | --- |

(27)

The comparison of this document with the one received by the Commission as described in recitals 25 and 26 above revealed differences in the dates, in the parties involved and in certain provisions regarding restrictions on labour hiring. Further differences were found regarding sales restrictions when comparing the Joint Venture contract submitted with the company's MET claim form and the one received by the Commission.

| (28) | A letter was sent to this exporting producer informing them that this information might give grounds to apply Article 18 of the basic Regulation and asking them to provide comments. The reply of the exporting producer did not provide sufficient explanations on the differences that would lift the doubts on the authenticity of the initial documents and information provided by the exporting producer in its MET Claim form submission. |
| --- | --- |

(28)

A letter was sent to this exporting producer informing them that this information might give grounds to apply Article 18 of the basic Regulation and asking them to provide comments. The reply of the exporting producer did not provide sufficient explanations on the differences that would lift the doubts on the authenticity of the initial documents and information provided by the exporting producer in its MET Claim form submission.

| (29) | For the second exporting producer the allegation received specifically referred to falsified audited accounts. This allegation was examined on spot and discrepancies were identified to the balances carried forward from the 2006 un-audited accounts to the first audited financial statements of 2007. In addition no audit fee charges and payments for the years 2007 and 2008 were booked in the company's records. |
| --- | --- |

(29)

For the second exporting producer the allegation received specifically referred to falsified audited accounts. This allegation was examined on spot and discrepancies were identified to the balances carried forward from the 2006 un-audited accounts to the first audited financial statements of 2007. In addition no audit fee charges and payments for the years 2007 and 2008 were booked in the company's records.

| (30) | A letter was also sent to this exporting producer informing them about the discrepancies found on spot and asking them to provide comments. They were also informed that these new findings may give grounds to apply Article 18 of the basic Regulation. The reply of the exporting producer did not provide any additional information that would lift the doubts as to the accuracy and completeness of the figures presented in its financial statements. On the contrary, in its reply, the exporting producer admitted the existence of two different sets of accounts with different figures for 2006 and that its accounts for 2007 and 2008 contained errors which were not reported upon by the auditor. |
| --- | --- |

(30)

A letter was also sent to this exporting producer informing them about the discrepancies found on spot and asking them to provide comments. They were also informed that these new findings may give grounds to apply Article 18 of the basic Regulation. The reply of the exporting producer did not provide any additional information that would lift the doubts as to the accuracy and completeness of the figures presented in its financial statements. On the contrary, in its reply, the exporting producer admitted the existence of two different sets of accounts with different figures for 2006 and that its accounts for 2007 and 2008 contained errors which were not reported upon by the auditor.

| (31) | Based on the above new findings it was considered that the first exporting producer provided misleading information within the course of the investigation. On this basis it was decided to apply Article 18 of the basic Regulation and reverse the original proposal to grant them MET. |
| --- | --- |

(31)

Based on the above new findings it was considered that the first exporting producer provided misleading information within the course of the investigation. On this basis it was decided to apply Article 18 of the basic Regulation and reverse the original proposal to grant them MET.

| (32) | For the second exporting producer it was decided to refuse MET on the grounds that it did not fulfil criterion 2 of the MET assessment. |
| --- | --- |

(32)

For the second exporting producer it was decided to refuse MET on the grounds that it did not fulfil criterion 2 of the MET assessment.

3.   Individual Treatment (IT)

Individual Treatment (IT)

| (33) | Pursuant to Article 2(7)(a) of the basic Regulation a countrywide duty, if any, is established for countries falling under that Article, except in those cases where companies are able to demonstrate that they meet the criteria set out in Article 9(5) of the basic Regulation. Briefly, and for ease of reference only, these criteria are set out below:






  — | in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits, |
| --- | --- | --- |

(33)

Pursuant to Article 2(7)(a) of the basic Regulation a countrywide duty, if any, is established for countries falling under that Article, except in those cases where companies are able to demonstrate that they meet the criteria set out in Article 9(5) of the basic Regulation. Briefly, and for ease of reference only, these criteria are set out below:

—

in the case of wholly or partly foreign owned firms or joint ventures, exporters are free to repatriate capital and profits,

| — | export prices and quantities, and conditions and terms of sale are freely determined, |
| --- | --- |

—

export prices and quantities, and conditions and terms of sale are freely determined,

| — | the majority of the shares belong to private persons. State officials appearing on the Boards of Directors or holding key management positions shall either be in minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference, |
| --- | --- |

—

the majority of the shares belong to private persons. State officials appearing on the Boards of Directors or holding key management positions shall either be in minority or it must be demonstrated that the company is nonetheless sufficiently independent from State interference,

| — | exchange rate conversions are carried out at the market rate, and |
| --- | --- |

—

exchange rate conversions are carried out at the market rate, and

| — | State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty. |
| --- | --- |

—

State interference is not such as to permit circumvention of measures if individual exporters are given different rates of duty.

| (34) | The three sampled exporting producers which requested MET also claimed IT in the event they would not be granted MET. Based on the above findings, Article 18 of the basic Regulation was applied to the first exporting producer and IT was therefore refused. The second exporting producer was found to meet the conditions of Article 9(5) of the basic Regulation and thus could be granted IT. |
| --- | --- |

(34)

The three sampled exporting producers which requested MET also claimed IT in the event they would not be granted MET. Based on the above findings, Article 18 of the basic Regulation was applied to the first exporting producer and IT was therefore refused. The second exporting producer was found to meet the conditions of Article 9(5) of the basic Regulation and thus could be granted IT.

| (35) | For the third exporting producer (group of companies) that was found not to fulfil the MET criteria, it was decided to grant IT as it was found that the company fulfils the conditions of Article 9(5) of the basic Regulation. |
| --- | --- |

(35)

For the third exporting producer (group of companies) that was found not to fulfil the MET criteria, it was decided to grant IT as it was found that the company fulfils the conditions of Article 9(5) of the basic Regulation.

| (36) | On the basis of the information available, it was provisionally established that the following two exporting producers in the PRC which were included in the sample meet all the requirements for IT as set forth in Article 9(5) of the basic regulation.






  — | Yuyao Mingda Fiberglass Co., Ltd |
| --- | --- | --- |

(36)

On the basis of the information available, it was provisionally established that the following two exporting producers in the PRC which were included in the sample meet all the requirements for IT as set forth in Article 9(5) of the basic regulation.

—

Yuyao Mingda Fiberglass Co., Ltd

| — | Grand Composite Group, composed of:






  — | Grand Composite Co. Ltd |
| --- | --- | --- |

—

Grand Composite Group, composed of:

—

Grand Composite Co. Ltd

| — | Ningbo Grand Fiberglass Co. Ltd |
| --- | --- |

—

Ningbo Grand Fiberglass Co. Ltd

| — | Ningbo Grand Industrial Co. Ltd |
| --- | --- |

—

Ningbo Grand Industrial Co. Ltd

4.   Individual Examination

Individual Examination

| (37) | The non-sampled group of related companies which requested individual examination also requested MET or IT, should the investigation establish that they did not meet the conditions for MET, and replied to the MET claim form within the given deadline. |
| --- | --- |

(37)

The non-sampled group of related companies which requested individual examination also requested MET or IT, should the investigation establish that they did not meet the conditions for MET, and replied to the MET claim form within the given deadline.

| (38) | The information submitted in the MET claim form by the company that requested individual examination was not verified. This will be examined subsequently. |
| --- | --- |

(38)

The information submitted in the MET claim form by the company that requested individual examination was not verified. This will be examined subsequently.

5.   Normal value

Normal value

(a)   Choice of the analogue country

Choice of the analogue country

| (39) | According to Article 2(7)(a) of the basic Regulation, normal value for exporting producers not granted MET shall be established on the basis of the domestic prices or constructed normal value in an analogue country. |
| --- | --- |

(39)

According to Article 2(7)(a) of the basic Regulation, normal value for exporting producers not granted MET shall be established on the basis of the domestic prices or constructed normal value in an analogue country.

| (40) | In the Notice of initiation, the Commission indicated its intention to use the United States of America as an appropriate analogue country for the purpose of establishing normal value for the PRC and invited interested parties to comment thereon. |
| --- | --- |

(40)

In the Notice of initiation, the Commission indicated its intention to use the United States of America as an appropriate analogue country for the purpose of establishing normal value for the PRC and invited interested parties to comment thereon.

| (41) | Four cooperating exporting producers stated that the USA would not be an appropriate analogue country, because the glass fibre yarns that they use and which is the main raw material for the production of the product concerned, is of a different glass type than the one used by the Chinese exporting producers, thus more expensive. They also proposed that Turkey and Thailand be used instead as the producers of the product concerned in these two countries use the same glass type fibre yarns as the Chinese exporting producers. |
| --- | --- |

(41)

Four cooperating exporting producers stated that the USA would not be an appropriate analogue country, because the glass fibre yarns that they use and which is the main raw material for the production of the product concerned, is of a different glass type than the one used by the Chinese exporting producers, thus more expensive. They also proposed that Turkey and Thailand be used instead as the producers of the product concerned in these two countries use the same glass type fibre yarns as the Chinese exporting producers.

| (42) | The Commission examined whether other countries could be a reasonable choice of analogue country and questionnaires were sent to producers of the product concerned in Canada, Croatia, Turkey and Thailand. Only one of the producers of the product concerned in the USA and the sole producer in Canada replied to the questionnaires. |
| --- | --- |

(42)

The Commission examined whether other countries could be a reasonable choice of analogue country and questionnaires were sent to producers of the product concerned in Canada, Croatia, Turkey and Thailand. Only one of the producers of the product concerned in the USA and the sole producer in Canada replied to the questionnaires.

| (43) | Both the Canadian and USA markets were examined to determine their suitability to be used as analogue country. In regard to Canada, although there is only one producer of the product concerned, it was found that this country has an open market with no import duty and that competition on the market was ensured by significant imports of the product concerned from several third countries. In addition, it was found that the Canadian producer manufactures all types of the product concerned unlike the US producer who manufactures only one type of the like product, which allows calculations of a normal value for each type of the product concerned. The investigation showed that Canada could provisionally be considered as an appropriate analogue country for the purpose of establishing normal value. |
| --- | --- |

(43)

Both the Canadian and USA markets were examined to determine their suitability to be used as analogue country. In regard to Canada, although there is only one producer of the product concerned, it was found that this country has an open market with no import duty and that competition on the market was ensured by significant imports of the product concerned from several third countries. In addition, it was found that the Canadian producer manufactures all types of the product concerned unlike the US producer who manufactures only one type of the like product, which allows calculations of a normal value for each type of the product concerned. The investigation showed that Canada could provisionally be considered as an appropriate analogue country for the purpose of establishing normal value.

| (44) | The data submitted in the cooperating Canadian producer's reply were verified in situ and found to be reliable information on which a normal value could be based. |
| --- | --- |

(44)

The data submitted in the cooperating Canadian producer's reply were verified in situ and found to be reliable information on which a normal value could be based.

in situ

| (45) | It is therefore provisionally concluded that Canada is an appropriate and reasonable analogue country in accordance with Article 2(7) of the basic Regulation. |
| --- | --- |

(45)

It is therefore provisionally concluded that Canada is an appropriate and reasonable analogue country in accordance with Article 2(7) of the basic Regulation.

(b)   Determination of normal value

Determination of normal value

| (46) | Pursuant to Article 2(7)(a) of the basic Regulation normal value was established on the basis of verified information received from the producer in the analogue country as set out below. |
| --- | --- |

(46)

Pursuant to Article 2(7)(a) of the basic Regulation normal value was established on the basis of verified information received from the producer in the analogue country as set out below.

| (47) | The domestic sales of the Canadian producer of the like product were found to be representative in terms of volume compared to the volume of the product concerned exported to the Union by the cooperating exporting producers. |
| --- | --- |

(47)

The domestic sales of the Canadian producer of the like product were found to be representative in terms of volume compared to the volume of the product concerned exported to the Union by the cooperating exporting producers.

| (48) | During the investigation period, sales on the domestic market to unrelated customers were found to be made in the ordinary course of trade for all types of the like product manufactured by the Canadian producer. However, because of differences in quality between the like product produced and sold in Canada and the product concerned from PRC, it was considered more appropriate to construct normal value in order to be able to take into account these differences and ensure fair comparison as described in recital 52. |
| --- | --- |

(48)

During the investigation period, sales on the domestic market to unrelated customers were found to be made in the ordinary course of trade for all types of the like product manufactured by the Canadian producer. However, because of differences in quality between the like product produced and sold in Canada and the product concerned from PRC, it was considered more appropriate to construct normal value in order to be able to take into account these differences and ensure fair comparison as described in recital 52.

| (49) | Pursuant to Article 2(6)(c) of the basic regulation, the amounts for SG&A and profits were established on the basis of the data of the Canadian producer. |
| --- | --- |

(49)

Pursuant to Article 2(6)(c) of the basic regulation, the amounts for SG&A and profits were established on the basis of the data of the Canadian producer.

(c)   Export prices for the exporting producers granted IT

Export prices for the exporting producers granted IT

| (50) | As two of the sampled cooperating exporting producers granted IT made export sales to the Union directly to independent customers in the Union, the export prices were based on the prices actually paid or payable for the product concerned, in accordance with Article 2(8) of the basic Regulation. |
| --- | --- |

(50)

As two of the sampled cooperating exporting producers granted IT made export sales to the Union directly to independent customers in the Union, the export prices were based on the prices actually paid or payable for the product concerned, in accordance with Article 2(8) of the basic Regulation.

(d)   Comparison

Comparison

| (51) | The normal value and export prices were compared on an ex-works basis. |
| --- | --- |

(51)

The normal value and export prices were compared on an ex-works basis.

| (52) | For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. Normal value was adjusted for differences in quality of inputs such as chemicals, coating and raw materials (glass type of yarns). Further adjustments were made, where appropriate, in respect indirect taxes, ocean freight, insurance, handling and ancillary costs, packing, credit, bank charges and commissions in all cases where they were found to be reasonable, accurate and supported by verified evidence. |
| --- | --- |

(52)

For the purpose of ensuring a fair comparison between the normal value and the export price, due allowance in the form of adjustments was made for differences affecting prices and price comparability in accordance with Article 2(10) of the basic Regulation. Normal value was adjusted for differences in quality of inputs such as chemicals, coating and raw materials (glass type of yarns). Further adjustments were made, where appropriate, in respect indirect taxes, ocean freight, insurance, handling and ancillary costs, packing, credit, bank charges and commissions in all cases where they were found to be reasonable, accurate and supported by verified evidence.

6.   Dumping margins

Dumping margins

(a)   For the cooperating sampled exporting producers granted IT

For the cooperating sampled exporting producers granted IT

| (53) | Pursuant to Article 2(11) and (12) of the basic Regulation, the dumping margins for the two sampled cooperating exporting producers granted IT, were established on the basis of a comparison of a weighted average normal value established for the analogue country with each company's weighted average export price of the product concerned to the Union as established above. |
| --- | --- |

(53)

Pursuant to Article 2(11) and (12) of the basic Regulation, the dumping margins for the two sampled cooperating exporting producers granted IT, were established on the basis of a comparison of a weighted average normal value established for the analogue country with each company's weighted average export price of the product concerned to the Union as established above.

| (54) | On this basis, the provisional dumping margins expressed as a percentage of the cif Union frontier price, duty unpaid, are:






  Company | Provisional dumping margin |
| --- | --- | --- |
| Yuyao Mingda Fiberglass Co. Ltd | 62,9  % |
| Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd | 48,4  % |

(54)

On this basis, the provisional dumping margins expressed as a percentage of the cif Union frontier price, duty unpaid, are:

Company

Provisional dumping margin

Yuyao Mingda Fiberglass Co. Ltd

62,9  %

Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd

48,4  %

(b)   For all other exporting producers

For all other exporting producers

| (55) | The dumping margin for cooperating exporting producers in the PRC, not included in the sample was calculated as an average of the two sampled exporting producers granted IT in accordance with Article 9(6) of the basic Regulation. |
| --- | --- |

(55)

The dumping margin for cooperating exporting producers in the PRC, not included in the sample was calculated as an average of the two sampled exporting producers granted IT in accordance with Article 9(6) of the basic Regulation.

| (56) | In order to calculate the countrywide dumping margin applicable to all other non-cooperating exporting producers in the PRC as well as to the sampled exporting producer that was subject to Article 18 of the basic Regulation, the level of cooperation was first established by comparing the volume of exports to the Union reported by the cooperating exporting producers with that of Eurostat statistics. |
| --- | --- |

(56)

In order to calculate the countrywide dumping margin applicable to all other non-cooperating exporting producers in the PRC as well as to the sampled exporting producer that was subject to Article 18 of the basic Regulation, the level of cooperation was first established by comparing the volume of exports to the Union reported by the cooperating exporting producers with that of Eurostat statistics.

| (57) | Given the high level of co-operation in the investigation, the co-operating companies representing around 86 % of all imports from the PRC during the IP, the countrywide dumping margin was established by using the highest of the dumping margins found for the two exporting producers granted IT. |
| --- | --- |

(57)

Given the high level of co-operation in the investigation, the co-operating companies representing around 86 % of all imports from the PRC during the IP, the countrywide dumping margin was established by using the highest of the dumping margins found for the two exporting producers granted IT.

| (58) | On this basis the provisional sample weighted average dumping margin and the countrywide level of dumping as a percentage of the cif Union frontier price, duty unpaid are:






  Sample Weighted Average for the cooperating exporting producers not included in the sample (see Annex I) | 57,7  % |
| --- | --- | --- |
| Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co. Ltd | 62,9  % |

(58)

On this basis the provisional sample weighted average dumping margin and the countrywide level of dumping as a percentage of the cif Union frontier price, duty unpaid are:

Sample Weighted Average for the cooperating exporting producers not included in the sample (see Annex I)

57,7  %

Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co. Ltd

62,9  %

D.   INJURY

INJURY

1.   Union production

Union production

| (59) | During the IP, the like product was manufactured by 19 producers in the Union. These producers constitute the total Union industry production within the meaning of Article 4(1) of the basic Regulation. Given that information was collected or available from all the 19 producers which supported the complaint, these producers will be hereafter referred to as the ‘Union industry’. |
| --- | --- |

(59)

During the IP, the like product was manufactured by 19 producers in the Union. These producers constitute the total Union industry production within the meaning of Article 4(1) of the basic Regulation. Given that information was collected or available from all the 19 producers which supported the complaint, these producers will be hereafter referred to as the ‘Union industry’.

| (60) | As indicated in recital 7 above, 12 Union producers provided the requested information and agreed to be included in a sample. A sample of four producers was selected, representing around 70 % of total estimated Union production. |
| --- | --- |

(60)

As indicated in recital 7 above, 12 Union producers provided the requested information and agreed to be included in a sample. A sample of four producers was selected, representing around 70 % of total estimated Union production.

2.   Union consumption

Union consumption

| (61) | The calculation of Union consumption was based on figures contained in the complaint and supplemented by verified figures obtained from producers and importers cooperating in the investigation. The Union consumption was thus established on the basis of the volume of sales in the Union of the like product produced by the Union industry, and the volume of imports of the product concerned from the PRC and third countries. |
| --- | --- |

(61)

The calculation of Union consumption was based on figures contained in the complaint and supplemented by verified figures obtained from producers and importers cooperating in the investigation. The Union consumption was thus established on the basis of the volume of sales in the Union of the like product produced by the Union industry, and the volume of imports of the product concerned from the PRC and third countries.

| (62) | On this basis the Union consumption developed as follows: | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| EU Consumption in square meters | 534 641 644 | 644 081 493 | 673 885 434 | 584 086 575 | 597 082 715 |
| Index 2006 = 100 | 100 | 120 | 126 | 109 | 112 |
| Source: Complaint supplemented by cooperating companies data and Eurostat figures. |

(62)

On this basis the Union consumption developed as follows:

2006

2007

2008

2009

IP

EU Consumption in square meters

534 641 644

644 081 493

673 885 434

584 086 575

597 082 715

Index 2006 = 100

Index 2006 = 100

100

100

120

120

126

126

109

109

112

112

Source: Complaint supplemented by cooperating companies data and Eurostat figures.

Source:

| (63) | The consumption of the product concerned and the like product in the Union increased by 12 % over the period considered. It increased by 26 % between 2006 and 2008 and then decreased by 17 % between 2008 and 2009. During the IP consumption again increased slightly. The temporary fall in 2009 can be attributed to a downturn in the construction market. |
| --- | --- |

(63)

The consumption of the product concerned and the like product in the Union increased by 12 % over the period considered. It increased by 26 % between 2006 and 2008 and then decreased by 17 % between 2008 and 2009. During the IP consumption again increased slightly. The temporary fall in 2009 can be attributed to a downturn in the construction market.

3.   Imports from the country concerned

Imports from the country concerned

(a)   Volume, price and market share of dumped imports from the country concerned

Volume, price and market share of dumped imports from the country concerned

| (64) | The volume of imports of the product concerned from the PRC increased by 48 % through the period considered. Following the trend of consumption and the downturn in the construction sector it slightly dropped in 2009. Nevertheless a long term upward trend of these imports is clear and the increase in import volumes was much sharper than the increase in Union consumption. | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Chinese imports in square meters | 206 145 893 | 290 395 250 | 318 345 286 | 294 111 736 | 304 218 214 |
| Index 2006 = 100 | 100 | 141 | 154 | 143 | 148 |
| Source: Eurostat and complaint. |

(64)

The volume of imports of the product concerned from the PRC increased by 48 % through the period considered. Following the trend of consumption and the downturn in the construction sector it slightly dropped in 2009. Nevertheless a long term upward trend of these imports is clear and the increase in import volumes was much sharper than the increase in Union consumption.

2006

2007

2008

2009

IP

Chinese imports in square meters

206 145 893

290 395 250

318 345 286

294 111 736

304 218 214

Index 2006 = 100

Index 2006 = 100

100

100

141

141

154

154

143

143

148

148

Source: Eurostat and complaint.

Source:

| (65) | Increasing volumes of imports of the product concerned from the PRC were accompanied by the decrease in the average import price which dropped by 12 % between 2006 and the IP. | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Prices of Chinese imports in euro | 0,19 | 0,19 | 0,19 | 0,17 | 0,17 |
| Index 2006 = 100 | 100 | 99 | 101 | 89 | 88 |
| Source: Eurostat and complaint. |

(65)

Increasing volumes of imports of the product concerned from the PRC were accompanied by the decrease in the average import price which dropped by 12 % between 2006 and the IP.

2006

2007

2008

2009

IP

Prices of Chinese imports in euro

0,19

0,19

0,19

0,17

0,17

Index 2006 = 100

Index 2006 = 100

100

100

99

99

101

101

89

89

88

88

Source: Eurostat and complaint.

Source:

| (66) | The market share of the imports from the country concerned increased by 32 % in the period considered, which in that case means a gain of almost 13 percentage points. In the IP the imports from the country concerned represented a market share as high as 51 %. | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Market share of Chinese imports | 38,6  % | 45,1  % | 47,2  % | 50,4  % | 51,0  % |
| Index 2006 = 100 | 100 | 117 | 123 | 131 | 132 |
| Source: Calculation. |

(66)

The market share of the imports from the country concerned increased by 32 % in the period considered, which in that case means a gain of almost 13 percentage points. In the IP the imports from the country concerned represented a market share as high as 51 %.

2006

2007

2008

2009

IP

Market share of Chinese imports

38,6  %

45,1  %

47,2  %

50,4  %

51,0  %

Index 2006 = 100

Index 2006 = 100

100

100

117

117

123

123

131

131

132

132

Source: Calculation.

Source:

(b)   Effect of dumped imports on prices

Effect of dumped imports on prices

| (67) | For the purpose of analysing price undercutting, the import prices of the cooperating Chinese exporting producers were compared with the sampled Union producers’ prices during the IP, on an average to average basis. The sampled Union producers’ prices were adjusted to a net ex-works level, and compared with cif import prices. The latter prices were adjusted for the import duty and post importation costs. Furthermore, due to quality differences between the product concerned imported from the PRC and the like product produced by the Union industry, an additional quality adjustment was made to the Chinese import prices. This adjustment reflects differences in parameters such as machine and cross-machine direction, tensile strength and elongation which were not fully covered as parameters in the product control number. |
| --- | --- |

(67)

For the purpose of analysing price undercutting, the import prices of the cooperating Chinese exporting producers were compared with the sampled Union producers’ prices during the IP, on an average to average basis. The sampled Union producers’ prices were adjusted to a net ex-works level, and compared with cif import prices. The latter prices were adjusted for the import duty and post importation costs. Furthermore, due to quality differences between the product concerned imported from the PRC and the like product produced by the Union industry, an additional quality adjustment was made to the Chinese import prices. This adjustment reflects differences in parameters such as machine and cross-machine direction, tensile strength and elongation which were not fully covered as parameters in the product control number.

| (68) | Taking into account the quality adjustment, the weighted average undercutting margin found, expressed as a percentage of the Union industry’s prices was between 29,5 % and 30,2 % during the IP. |
| --- | --- |

(68)

Taking into account the quality adjustment, the weighted average undercutting margin found, expressed as a percentage of the Union industry’s prices was between 29,5 % and 30,2 % during the IP.

4.   Situation of the Union industry

Situation of the Union industry

(a)   Preliminary remarks

Preliminary remarks

| (69) | Pursuant to Article 3(5) of the basic Regulation, the Commission examined all relevant economic factors and indicators having a bearing on the state of the Union industry. |
| --- | --- |

(69)

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

| (70) | It is recalled that as mentioned in recital 7 above, the Commission selected a sample composed of the four largest Union producers in terms of sales and production. |
| --- | --- |

(70)

It is recalled that as mentioned in recital 7 above, the Commission selected a sample composed of the four largest Union producers in terms of sales and production.

| (71) | The indicators referring to macroeconomic data, such as production, capacity, sales volume, market share etc, relate to the whole Union industry (tables below refer to macro data as a source). Remaining indicators are based on verified data from the sampled producers. These indicators are referred to as micro data. |
| --- | --- |

(71)

The indicators referring to macroeconomic data, such as production, capacity, sales volume, market share etc, relate to the whole Union industry (tables below refer to macro data as a source). Remaining indicators are based on verified data from the sampled producers. These indicators are referred to as micro data.

| (72) | During the investigation it was found that a part of the Union industry's sales was channelled through related companies. The companies claimed that these transactions should be treated us unrelated sales as they claimed that the relations between the companies were not direct and that the sales were made at arms-length. However, it is provisionally decided to exclude these transactions from the injury margin calculations and from the indicators of injury as the Commission will continue further analysis on these specific sales. The exception has been made for the related sales between two of the sampled companies for which the resale mechanism was explained and could be verified. |
| --- | --- |

(72)

During the investigation it was found that a part of the Union industry's sales was channelled through related companies. The companies claimed that these transactions should be treated us unrelated sales as they claimed that the relations between the companies were not direct and that the sales were made at arms-length. However, it is provisionally decided to exclude these transactions from the injury margin calculations and from the indicators of injury as the Commission will continue further analysis on these specific sales. The exception has been made for the related sales between two of the sampled companies for which the resale mechanism was explained and could be verified.

(b)   Injury indicators

Injury indicators

Production, capacity and capacity utilisation

Production, capacity and capacity utilisation

| | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- |
| Production in square meters | 382 225 680 | 428 658 047 | 457 433 396 | 374 603 756 | 367 613 247 |
| Index 2006 = 100 | 100 | 112 | 120 | 98 | 96 |
| Capacity in square meters | 496 396 987 | 510 307 199 | 579 029 615 | 527 610 924 | 548 676 487 |
| Index 2006 = 100 | 100 | 103 | 117 | 106 | 111 |
| Capacity utilisation | 77  % | 84  % | 79  % | 71  % | 67  % |
| Source: Macro data. |

2006

2007

2008

2009

IP

Production in square meters

382 225 680

428 658 047

457 433 396

374 603 756

367 613 247

Index 2006 = 100

Index 2006 = 100

100

100

112

112

120

120

98

98

96

96

Capacity in square meters

496 396 987

510 307 199

579 029 615

527 610 924

548 676 487

Index 2006 = 100

Index 2006 = 100

100

100

103

103

117

117

106

106

111

111

Capacity utilisation

77  %

84  %

79  %

71  %

67  %

Source: Macro data.

Source:

| (73) | During the period considered, the Union industry's production volume decreased by 4 %. In general, the production output followed the trend in consumption i.e. an increase in the years 2006-2008 followed by a sharp decrease in 2009 and again a slight decrease during the IP. Thus, unlike the consumption, the production of the Union industry did not recover in the IP but rather continued to drop. |
| --- | --- |

(73)

During the period considered, the Union industry's production volume decreased by 4 %. In general, the production output followed the trend in consumption i.e. an increase in the years 2006-2008 followed by a sharp decrease in 2009 and again a slight decrease during the IP. Thus, unlike the consumption, the production of the Union industry did not recover in the IP but rather continued to drop.

| (74) | The Union industry’s capacity utilisation rate decreased in the period considered by 10 percentage points from 77 % in 2006 to 67 % in the IP. However, it should be noted that it can be partially attributed to the fact that the capacity itself slightly increased as a result of investments of the Union producers.

  Stocks | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Closing stocks in square meters | 14 084 616 | 37 105 459 | 46 426 609 | 45 326 596 | 40 164 077 |
| Index 2006 = 100 | 100 | 263 | 330 | 322 | 285 |
| Source: Macro data. |

(74)

The Union industry’s capacity utilisation rate decreased in the period considered by 10 percentage points from 77 % in 2006 to 67 % in the IP. However, it should be noted that it can be partially attributed to the fact that the capacity itself slightly increased as a result of investments of the Union producers.

Stocks

Stocks

2006

2007

2008

2009

IP

Closing stocks in square meters

14 084 616

37 105 459

46 426 609

45 326 596

40 164 077

Index 2006 = 100

Index 2006 = 100

100

100

263

263

330

330

322

322

285

285

Source: Macro data.

Source:

| (75) | The Union industry's stock level almost tripled during the period considered. This trend coincides with the decreasing volumes of sales and production. Expressed in relation to the production volume the level of stocks increased from less than 4 % in 2006 to above 11 % in the IP.

  Sales volume and market share | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Sales volume in square meters | 308 323 107 | 332 203 996 | 338 119 822 | 272 575 708 | 274 270 229 |
| Index 2006 = 100 | 100 | 108 | 110 | 88 | 89 |
| Union industry sales market share | 58  % | 52  % | 50  % | 47  % | 46  % |
| Index 2006 = 100 | 100 | 89 | 87 | 81 | 80 |
| Source: Macro data. |

(75)

The Union industry's stock level almost tripled during the period considered. This trend coincides with the decreasing volumes of sales and production. Expressed in relation to the production volume the level of stocks increased from less than 4 % in 2006 to above 11 % in the IP.

Sales volume and market share

Sales volume and market share

2006

2007

2008

2009

IP

Sales volume in square meters

308 323 107

332 203 996

338 119 822

272 575 708

274 270 229

Index 2006 = 100

Index 2006 = 100

100

100

108

108

110

110

88

88

89

89

Union industry sales market share

58  %

52  %

50  %

47  %

46  %

Index 2006 = 100

Index 2006 = 100

100

100

89

89

87

87

81

81

80

80

Source: Macro data.

Source:

| (76) | The sales volume of the Union industry decreased during the period considered by 11 % which resulted in the loss of market share of 12 percentage points from 58 % to 46 % of the total Union consumption. |
| --- | --- |

(76)

The sales volume of the Union industry decreased during the period considered by 11 % which resulted in the loss of market share of 12 percentage points from 58 % to 46 % of the total Union consumption.

| (77) | Sales prices | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Sales prices in euro | 0,39 | 0,42 | 0,41 | 0,39 | 0,38 |
| Index 2006 = 100 | 100 | 106 | 105 | 99 | 97 |
| Source: Micro data. |

(77)

Sales prices

2006

2007

2008

2009

IP

Sales prices in euro

0,39

0,42

0,41

0,39

0,38

Index 2006 = 100

Index 2006 = 100

100

100

106

106

105

105

99

99

97

97

Source: Micro data.

Source:

| (78) | The average sales price of the Union industry to unrelated parties in the Union decreased by 3 % over the period considered. The Union industry did not decrease its sales prices significantly in order to compete with the dumped imports. This, however, contributed to a loss of significant market share throughout the period considered.

  Profitability | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Average pre-tax profit | 6  % | 18  % | 14  % | 10  % | 12  % |
| Index 2006 = 100 | 100 | 309 | 234 | 166 | 212 |
| Source: Micro data. |

(78)

The average sales price of the Union industry to unrelated parties in the Union decreased by 3 % over the period considered. The Union industry did not decrease its sales prices significantly in order to compete with the dumped imports. This, however, contributed to a loss of significant market share throughout the period considered.

Profitability

Profitability

2006

2007

2008

2009

IP

Average pre-tax profit

6  %

18  %

14  %

10  %

12  %

Index 2006 = 100

Index 2006 = 100

100

100

309

309

234

234

166

166

212

212

Source: Micro data.

Source:

Investments, return on investment, cash flow and the ability to raise capital

Investments, return on investment, cash flow and the ability to raise capital

| | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- |
| Investments (euro) | 1 674 651 | 4 727 666 | 4 630 523 | 4 703 158 | 5 049 713 |
| Return on net assets | 5  % | 24  % | 16  % | 5  % | 9  % |
| Cash flow (euro) | 11 176 326 | 16 454 101 | 15 469 513 | 11 883 024 | 14 031 017 |
| Source: Micro data. |

2006

2007

2008

2009

IP

Investments (euro)

1 674 651

4 727 666

4 630 523

4 703 158

5 049 713

Return on net assets

5  %

24  %

16  %

5  %

9  %

Cash flow (euro)

11 176 326

16 454 101

15 469 513

11 883 024

14 031 017

Source: Micro data.

Source:

| (79) | As explained in recital 68 above, over the period considered there was significant price pressure exerted by Chinese imports on the Union market. Nevertheless, the Union industry managed to maintain good financial condition between 2006 and 2007 when profitability increased from 6 % to 18 %. Thereafter it started to decrease and stood at 12 % in the IP. Other financial indicators, such as return on assets and cash flow also remained positive. In other words, the Union industry did not engage in aggressive price competition with the Chinese imports. Instead they chose to engage into a restructuring process, investing in new production technologies to increase the quality of their product and to reduce costs of production in the long term. However, this was at the expense of decreased sales volume and loss of market share to their Chinese competitors. It should be mentioned that the above profit calculation does not take into account the extraordinary restructuring costs reported by some of the sampled producers. Should these costs be taken into account the profitability of the Union industry would be substantially lower. This would consequently adversely affect the other financial indicators listed above. |
| --- | --- |

(79)

As explained in recital 68 above, over the period considered there was significant price pressure exerted by Chinese imports on the Union market. Nevertheless, the Union industry managed to maintain good financial condition between 2006 and 2007 when profitability increased from 6 % to 18 %. Thereafter it started to decrease and stood at 12 % in the IP. Other financial indicators, such as return on assets and cash flow also remained positive. In other words, the Union industry did not engage in aggressive price competition with the Chinese imports. Instead they chose to engage into a restructuring process, investing in new production technologies to increase the quality of their product and to reduce costs of production in the long term. However, this was at the expense of decreased sales volume and loss of market share to their Chinese competitors. It should be mentioned that the above profit calculation does not take into account the extraordinary restructuring costs reported by some of the sampled producers. Should these costs be taken into account the profitability of the Union industry would be substantially lower. This would consequently adversely affect the other financial indicators listed above.

| (80) | Over the period considered the Union industry was still able to maintain a high level of investment with the aim of reducing costs of manufacturing and developing a more efficient method of production. Investments in the IP more than tripled in comparison to the figure of the year 2006. |
| --- | --- |

(80)

Over the period considered the Union industry was still able to maintain a high level of investment with the aim of reducing costs of manufacturing and developing a more efficient method of production. Investments in the IP more than tripled in comparison to the figure of the year 2006.

| (81) | Ability to raise capital was not considered to be an issue by the Union industry during the period considered. |
| --- | --- |

(81)

Ability to raise capital was not considered to be an issue by the Union industry during the period considered.

| (82) | Employment, productivity and wages | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| Employment | 1,492 | 1,431 | 1,492 | 1,247 | 1,180 |
| Index 2006 = 100 | 100 | 96 | 100 | 84 | 79 |
| Average labour cost per worker (euro) | 14,046 | 14,761 | 16,423 | 15,471 | 15,360 |
| Productivity per worker (square m.) | 237,853 | 283,882 | 281,761 | 277,954 | 289,066 |
| Source: Micro data except Employment — macro data. |

(82)

Employment, productivity and wages

2006

2007

2008

2009

IP

Employment

1,492

1,431

1,492

1,247

1,180

Index 2006 = 100

Index 2006 = 100

100

100

96

96

100

100

84

84

79

79

Average labour cost per worker (euro)

14,046

14,761

16,423

15,471

15,360

Productivity per worker (square m.)

237,853

283,882

281,761

277,954

289,066

Source: Micro data except Employment — macro data.

Source:

| (83) | The number of employees of the Union industry involved with the like product decreased significantly during the period considered by 21 %. Despite the high level of remunerations, starting from 2008 the Union industry additionally reduced average labour costs per worker. As a result productivity, expressed in terms of output per worker, increased over the period considered. |
| --- | --- |

(83)

The number of employees of the Union industry involved with the like product decreased significantly during the period considered by 21 %. Despite the high level of remunerations, starting from 2008 the Union industry additionally reduced average labour costs per worker. As a result productivity, expressed in terms of output per worker, increased over the period considered.

(c)   Magnitude of dumping

Magnitude of dumping

| (84) | Given the volume and the prices of dumped imports from the country concerned the impact on the Union market of the actual margin of dumping cannot be considered to be negligible during the IP. |
| --- | --- |

(84)

Given the volume and the prices of dumped imports from the country concerned the impact on the Union market of the actual margin of dumping cannot be considered to be negligible during the IP.

5.   Conclusion on injury

Conclusion on injury

| (85) | As it clearly appears from the above injury analysis, during the period considered the Union industry suffered substantial losses in sales and production volume, in capacity utilisation, market share and in the number of employees, which decreased significantly by 21 % following restructuring efforts by the industry. Therefore the Union industry was not able to take advantage of the growth of the market, which was entirely taken over by the Chinese imports. Indeed, the 48 % increase in the import volume during the period considered was much higher than the 12 % increase in the Union consumption. |
| --- | --- |

(85)

As it clearly appears from the above injury analysis, during the period considered the Union industry suffered substantial losses in sales and production volume, in capacity utilisation, market share and in the number of employees, which decreased significantly by 21 % following restructuring efforts by the industry. Therefore the Union industry was not able to take advantage of the growth of the market, which was entirely taken over by the Chinese imports. Indeed, the 48 % increase in the import volume during the period considered was much higher than the 12 % increase in the Union consumption.

| (86) | It is considered that a continued significant price undercutting by the Chinese dumped imports of the prices of the Union industry will continue to adversely affect the sales volume and thus inevitably the financial economic situation of the Union industry. In the medium term the profitability and other financial indicators of the European companies are expected to deteriorate. |
| --- | --- |

(86)

It is considered that a continued significant price undercutting by the Chinese dumped imports of the prices of the Union industry will continue to adversely affect the sales volume and thus inevitably the financial economic situation of the Union industry. In the medium term the profitability and other financial indicators of the European companies are expected to deteriorate.

| (87) | In the light of the foregoing, it is provisionally established that the Union industry has suffered injury within the meaning of Article 3(5) of the basic Regulation. |
| --- | --- |

(87)

In the light of the foregoing, it is provisionally established that the Union industry has suffered injury within the meaning of Article 3(5) of the basic Regulation.

E.   CAUSATION

CAUSATION

1.   Introduction

Introduction

| (88) | In accordance with Article 3(6) and (7) of the basic Regulation, the Commission examined whether the dumped imports from the country concerned had caused injury to the Union industry to a degree sufficient to be considered as material. Known factors other than the dumped imports, which could at the same time have injured the Union industry, were also examined in order to ensure that possible injury caused by these other factors was not attributed to the dumped imports. |
| --- | --- |

(88)

In accordance with Article 3(6) and (7) of the basic Regulation, the Commission examined whether the dumped imports from the country concerned had caused injury to the Union industry to a degree sufficient to be considered as material. Known factors other than the dumped imports, which could at the same time have injured the Union industry, were also examined in order to ensure that possible injury caused by these other factors was not attributed to the dumped imports.

2.   Effects of the dumped imports

Effects of the dumped imports

| (89) | Over the period considered the volume of dumped imports of the product concerned from the PRC increased by nearly 50 % and gained a substantial market share in the Union market. In parallel there was a direct and comparable deterioration of the economic situation of the Union industry being the other significant player on the Union market as imports from other sources are negligible. |
| --- | --- |

(89)

Over the period considered the volume of dumped imports of the product concerned from the PRC increased by nearly 50 % and gained a substantial market share in the Union market. In parallel there was a direct and comparable deterioration of the economic situation of the Union industry being the other significant player on the Union market as imports from other sources are negligible.

| (90) | The continuous increase in volume of dumped imports was accompanied by significant undercutting of the prices of the Union industry. Over the period considered the average import price from the PRC derived from Eurostat import statistics was around 50 % lower than the average price of the Union industry. Even after an adjustment for quality differences, the undercutting margins calculated for the Chinese exporting producers granted IT were around 35 % during the IP. It can therefore be reasonably concluded that the dumped imports were responsible for some price depression in 2009 and in the IP but above all, for the significant loss in market share experienced by the Union industry during the period considered. |
| --- | --- |

(90)

The continuous increase in volume of dumped imports was accompanied by significant undercutting of the prices of the Union industry. Over the period considered the average import price from the PRC derived from Eurostat import statistics was around 50 % lower than the average price of the Union industry. Even after an adjustment for quality differences, the undercutting margins calculated for the Chinese exporting producers granted IT were around 35 % during the IP. It can therefore be reasonably concluded that the dumped imports were responsible for some price depression in 2009 and in the IP but above all, for the significant loss in market share experienced by the Union industry during the period considered.

| (91) | In view of the coincidence in time between, on the one hand, the surge of dumped imports at prices undercutting the Union industry’s prices and, on the other hand, the Union industry’s loss of sales and production volume, decrease in market shares, it is provisionally concluded that the dumped imports are causing material injury to the Union industry. |
| --- | --- |

(91)

In view of the coincidence in time between, on the one hand, the surge of dumped imports at prices undercutting the Union industry’s prices and, on the other hand, the Union industry’s loss of sales and production volume, decrease in market shares, it is provisionally concluded that the dumped imports are causing material injury to the Union industry.

3.   Effects of other factors

Effects of other factors

(a)   Export performance of the Union industry

Export performance of the Union industry

| | 2006 | 2007 | 2008 | 2009 | IP |
| --- | --- | --- | --- | --- | --- |
| Export in square metres | 48 288 843 | 39 478 526 | 43 447 744 | 35 884 733 | 36 003 755 |
| Index 2006 = 100 | 100 | 82 | 90 | 74 | 75 |
| Source: Macro data. |

2006

2007

2008

2009

IP

Export in square metres

48 288 843

39 478 526

43 447 744

35 884 733

36 003 755

Index 2006 = 100

Index 2006 = 100

100

100

82

82

90

90

74

74

75

75

Source: Macro data.

Source:

| (92) | The export volume of the Union industry decreased by 25 % during the period considered but exports represented on average only about 8 % of total sales. Therefore, the impact of decreased exports on the overall performance of the Union industry was rather limited. |
| --- | --- |

(92)

The export volume of the Union industry decreased by 25 % during the period considered but exports represented on average only about 8 % of total sales. Therefore, the impact of decreased exports on the overall performance of the Union industry was rather limited.

(b)   Imports from third countries

Imports from third countries

| (93) | Imports from third countries were negligible during the period considered and could not have contributed to the injury suffered by the Union industry. |
| --- | --- |

(93)

Imports from third countries were negligible during the period considered and could not have contributed to the injury suffered by the Union industry.

(c)   Impact of crisis in the construction industry

Impact of crisis in the construction industry

| (94) | The impact of the economic crisis in the construction industry can clearly be seen in the consumption data as from 2009. However, the crisis should have affected both the Union industry and the Chinese exporters in a similar way. However, the injury investigation showed that the Chinese imports continued to gain market share at the expense of the Union industry even during the crisis. |
| --- | --- |

(94)

The impact of the economic crisis in the construction industry can clearly be seen in the consumption data as from 2009. However, the crisis should have affected both the Union industry and the Chinese exporters in a similar way. However, the injury investigation showed that the Chinese imports continued to gain market share at the expense of the Union industry even during the crisis.

| (95) | In addition, the impact of the crisis had certain negative effects on the Union market during a relatively short period as there were signs of recovery already in the IP. |
| --- | --- |

(95)

In addition, the impact of the crisis had certain negative effects on the Union market during a relatively short period as there were signs of recovery already in the IP.

| (96) | Hence, the impact of the crisis did not break the causal link between the dumped imports and the injury suffered by the Union industry. |
| --- | --- |

(96)

Hence, the impact of the crisis did not break the causal link between the dumped imports and the injury suffered by the Union industry.

4.   Conclusion on causation

Conclusion on causation

| (97) | Based in the above, it is provisionally concluded that the material injury to the Union industry was caused by the dumped imports concerned. |
| --- | --- |

(97)

Based in the above, it is provisionally concluded that the material injury to the Union industry was caused by the dumped imports concerned.

| (98) | A number of factors other than the dumped imports were examined but none of these could explain the serious losses in market share, production and sales volume which occurred in the period considered and in particular during the IP. These losses by the Union industry coincide with the increases in volumes of dumped imports of the product concerned from the PRC. |
| --- | --- |

(98)

A number of factors other than the dumped imports were examined but none of these could explain the serious losses in market share, production and sales volume which occurred in the period considered and in particular during the IP. These losses by the Union industry coincide with the increases in volumes of dumped imports of the product concerned from the PRC.

| (99) | Given the above analysis which has properly distinguished and separated the effects of all the known factors on the situation of the Union industry from the injurious effects of the dumped imports, it is provisionally concluded that the imports from the PRC have caused material injury to the Union industry within the meaning of Article 3(6) of the basic Regulation. |
| --- | --- |

(99)

Given the above analysis which has properly distinguished and separated the effects of all the known factors on the situation of the Union industry from the injurious effects of the dumped imports, it is provisionally concluded that the imports from the PRC have caused material injury to the Union industry within the meaning of Article 3(6) of the basic Regulation.

F.   UNION INTEREST

UNION INTEREST

1.   General remarks

General remarks

| (100) | In accordance with Article 21 of the basic Regulation it was examined whether, despite the provisional conclusion on the existence of injurious dumping, compelling reasons existed that could lead to the conclusion that it is not in the Union interest to adopt provisional anti-dumping measures in this particular case. For this purpose, and in accordance with Article 21(1) of the basic Regulation, the impact of possible measures on all parties involved in this proceeding and also the consequences of not taking measures were considered on the basis of all evidence submitted. |
| --- | --- |

(100)

In accordance with Article 21 of the basic Regulation it was examined whether, despite the provisional conclusion on the existence of injurious dumping, compelling reasons existed that could lead to the conclusion that it is not in the Union interest to adopt provisional anti-dumping measures in this particular case. For this purpose, and in accordance with Article 21(1) of the basic Regulation, the impact of possible measures on all parties involved in this proceeding and also the consequences of not taking measures were considered on the basis of all evidence submitted.

2.   Interest of the Union industry

Interest of the Union industry

| (101) | The injury analysis has clearly demonstrated that the Union industry has suffered from the dumped imports. The increased presence of dumped imports in recent years caused a suppression of sales in the Union market and a significant loss of market share of the Union industry. |
| --- | --- |

(101)

The injury analysis has clearly demonstrated that the Union industry has suffered from the dumped imports. The increased presence of dumped imports in recent years caused a suppression of sales in the Union market and a significant loss of market share of the Union industry.

| (102) | The investigation has shown that any increase in the market share of the dumped imports from the country concerned has been gained at the direct expense of the Union industry. It should be underlined that product concerned is an important product in terms of the turnover of the sampled Union producers being up to 40 % of their sales turnover. Without the imposition of measures further deterioration of the Union industry's situation appears very likely in view of the long lasting price pressure exerted by the dumped imports from the PRC on the Union market. Moreover the efforts undertaken by the Union industry to restructure and improve the quality of their product would be fully undermined. The imposition of measures will restore the import price to non-injurious levels, allowing the Union industry to compete under fair trade circumstances. |
| --- | --- |

(102)

The investigation has shown that any increase in the market share of the dumped imports from the country concerned has been gained at the direct expense of the Union industry. It should be underlined that product concerned is an important product in terms of the turnover of the sampled Union producers being up to 40 % of their sales turnover. Without the imposition of measures further deterioration of the Union industry's situation appears very likely in view of the long lasting price pressure exerted by the dumped imports from the PRC on the Union market. Moreover the efforts undertaken by the Union industry to restructure and improve the quality of their product would be fully undermined. The imposition of measures will restore the import price to non-injurious levels, allowing the Union industry to compete under fair trade circumstances.

| (103) | It is therefore provisionally concluded that imposing measures would clearly be in the interest of the Union industry. |
| --- | --- |

(103)

It is therefore provisionally concluded that imposing measures would clearly be in the interest of the Union industry.

3.   Interest of importers

Interest of importers

| (104) | The likely impact of measures on importers has been considered in accordance with Article 21(2) of the basic Regulation. In this respect it is noted that four unrelated importers have cooperated in the investigation with total imports of the product concerned accounting for 15 % of imports from the PRC in the IP. |
| --- | --- |

(104)

The likely impact of measures on importers has been considered in accordance with Article 21(2) of the basic Regulation. In this respect it is noted that four unrelated importers have cooperated in the investigation with total imports of the product concerned accounting for 15 % of imports from the PRC in the IP.

| (105) | Based on data verified on spot for the biggest of the cooperating importers the impact of measures on this company should not be significant as the product concerned represents only small part of its turnover. |
| --- | --- |

(105)

Based on data verified on spot for the biggest of the cooperating importers the impact of measures on this company should not be significant as the product concerned represents only small part of its turnover.

| (106) | The company pointed out, however that the Union industry's total production capacity is lower than the current demand which is allegedly expected to grow. The company pointed out also that there are limited sources of supply from third countries. Therefore, it expects disruptions in supplies should the level of duties be too high. In this regard it should be noted that in view of the significant undercutting the proposed level of measures, which takes into account the quality differences between the product concerned imported form the PRC and like product produced by the Union industry, is not expected to eliminate imports of the product concerned from the PRC to the Union. |
| --- | --- |

(106)

The company pointed out, however that the Union industry's total production capacity is lower than the current demand which is allegedly expected to grow. The company pointed out also that there are limited sources of supply from third countries. Therefore, it expects disruptions in supplies should the level of duties be too high. In this regard it should be noted that in view of the significant undercutting the proposed level of measures, which takes into account the quality differences between the product concerned imported form the PRC and like product produced by the Union industry, is not expected to eliminate imports of the product concerned from the PRC to the Union.

4.   Interest of users and consumers

Interest of users and consumers

| (107) | Questionnaires were sent to 13 known users. However, none of them submitted a reply nor decided to cooperate in the procedure. Also no representations were received from consumers’ organisations following the publication of the notice of initiation of this proceeding. |
| --- | --- |

(107)

Questionnaires were sent to 13 known users. However, none of them submitted a reply nor decided to cooperate in the procedure. Also no representations were received from consumers’ organisations following the publication of the notice of initiation of this proceeding.

| (108) | Therefore, in a view of lack of information on the proportion of the product concerned in the cost of production of the downstream products or on the share of sales of downstream products in relation to the total turnover of the users, it is not possible at this stage of the investigation to assess the impact of the measures on these companies. The lack of cooperation, however, can be seen as an indication of a rather limited impact on users. |
| --- | --- |

(108)

Therefore, in a view of lack of information on the proportion of the product concerned in the cost of production of the downstream products or on the share of sales of downstream products in relation to the total turnover of the users, it is not possible at this stage of the investigation to assess the impact of the measures on these companies. The lack of cooperation, however, can be seen as an indication of a rather limited impact on users.

5.   Conclusion on Union interest

Conclusion on Union interest

| (109) | In the light of the above, it was provisionally concluded that overall, based on the information concerning the Union interest, there are no compelling reasons against the imposition of provisional measures on dumped imports of the product concerned from the PRC. |
| --- | --- |

(109)

In the light of the above, it was provisionally concluded that overall, based on the information concerning the Union interest, there are no compelling reasons against the imposition of provisional measures on dumped imports of the product concerned from the PRC.

G.   PROPOSAL FOR PROVISIONAL ANTI-DUMPING MEASURES

PROPOSAL FOR PROVISIONAL ANTI-DUMPING MEASURES

| (110) | In view of the conclusions reached above with regard to dumping, resulting injury, causation and Union interest, provisional anti-dumping measures on imports of the product concerned from the PRC should be imposed in order to prevent further injury being caused to the Union industry by the dumped imports. |
| --- | --- |

(110)

In view of the conclusions reached above with regard to dumping, resulting injury, causation and Union interest, provisional anti-dumping measures on imports of the product concerned from the PRC should be imposed in order to prevent further injury being caused to the Union industry by the dumped imports.

1.   Injury elimination level

Injury elimination level

| (111) | The level of the provisional anti-dumping measures should be sufficient to eliminate the injury to the Union industry caused by the dumped imports, without exceeding the dumping margins found. |
| --- | --- |

(111)

The level of the provisional anti-dumping measures should be sufficient to eliminate the injury to the Union industry caused by the dumped imports, without exceeding the dumping margins found.

| (112) | When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Union industry to cover its costs and obtain a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of dumped imports. The pre-tax profit margin used for this calculation was 12 % of turnover. This was the average profit level achieved by the Union industry in the years 2006-2007. Bearing in mind that the profitability for the product concerned was affected by dumped imports it is clear that this level of profit is prudent and not excessive. On the basis mentioned above, a non-injurious price was calculated for the Union industry of the like product. Since the target profit is equal to the actual profit of the Union industry in the IP weighted average ex-works price was taken as a reference. |
| --- | --- |

(112)

When calculating the amount of duty necessary to remove the effects of the injurious dumping, it was considered that any measures should allow the Union industry to cover its costs and obtain a profit before tax that could be reasonably achieved under normal conditions of competition, i.e. in the absence of dumped imports. The pre-tax profit margin used for this calculation was 12 % of turnover. This was the average profit level achieved by the Union industry in the years 2006-2007. Bearing in mind that the profitability for the product concerned was affected by dumped imports it is clear that this level of profit is prudent and not excessive. On the basis mentioned above, a non-injurious price was calculated for the Union industry of the like product. Since the target profit is equal to the actual profit of the Union industry in the IP weighted average ex-works price was taken as a reference.

| (113) | The necessary price increase was then determined for each of the cooperating Chinese exporting producer granted IT on the basis of a comparison of the weighted average import price of that company, as established for the undercutting calculations, with the average non-injurious price of products sold by the Union industry on the Union market. The difference resulting from this comparison was then expressed as a percentage of the average import cif value. |
| --- | --- |

(113)

The necessary price increase was then determined for each of the cooperating Chinese exporting producer granted IT on the basis of a comparison of the weighted average import price of that company, as established for the undercutting calculations, with the average non-injurious price of products sold by the Union industry on the Union market. The difference resulting from this comparison was then expressed as a percentage of the average import cif value.

| (114) | On this basis, the provisional injury margins expressed as a percentage of the cif Union frontier price, duty unpaid, are:






  Company | Provisional injury margin |
| --- | --- | --- |
| Yuyao Mingda Fiberglass Co. Ltd | 69,1  % |
| Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd | 66,8  % |

(114)

On this basis, the provisional injury margins expressed as a percentage of the cif Union frontier price, duty unpaid, are:

Company

Provisional injury margin

Yuyao Mingda Fiberglass Co. Ltd

69,1  %

Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd

66,8  %

| (115) | In line with the method used for the dumping margin calculation, injury margin for cooperating exporting producers in the PRC, not included in the sample was calculated as a weighted average of the two sampled exporting producers granted IT. |
| --- | --- |

(115)

In line with the method used for the dumping margin calculation, injury margin for cooperating exporting producers in the PRC, not included in the sample was calculated as a weighted average of the two sampled exporting producers granted IT.

| (116) | Following the method of dumping margin calculation, the countrywide injury margin applicable to all other non-cooperating exporting producers in the PRC as well as to the sampled exporting producer that was subject to Article 18 was established by using the highest of the margins found for the two exporting producers granted IT. |
| --- | --- |

(116)

Following the method of dumping margin calculation, the countrywide injury margin applicable to all other non-cooperating exporting producers in the PRC as well as to the sampled exporting producer that was subject to Article 18 was established by using the highest of the margins found for the two exporting producers granted IT.

| (117) | On this basis the provisional sample weighted average injury margin and the countrywide level of injury margin as a percentage of the cif Union frontier price, duty unpaid are:






  Sample weighted average for the cooperating exporting producers not included in the sample | 68,2  % |
| --- | --- | --- |
| Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co. Ltd | 69,1  % |

(117)

On this basis the provisional sample weighted average injury margin and the countrywide level of injury margin as a percentage of the cif Union frontier price, duty unpaid are:

Sample weighted average for the cooperating exporting producers not included in the sample

68,2  %

Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co. Ltd

69,1  %

2.   Provisional measures

Provisional measures

| (118) | In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, provisional anti-dumping measures should be imposed in respect of imports originating in the PRC at the level of the lower of the dumping and the injury margins, in accordance with the lesser duty rule. |
| --- | --- |

(118)

In the light of the foregoing, it is considered that, in accordance with Article 7(2) of the basic Regulation, provisional anti-dumping measures should be imposed in respect of imports originating in the PRC at the level of the lower of the dumping and the injury margins, in accordance with the lesser duty rule.

| (119) | The individual company anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the People's Republic of China and produced by the companies and thus by the specific legal entities mentioned. Imported products produced by any other company not specifically mentioned in the operative part of this Regulation including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’. |
| --- | --- |

(119)

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

| (120) | Any claim requesting the application of these individual company anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting up of new production or sales entities) should be addressed to the Commission (3) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with, for example, that name change or that change in the production and sales entities. If appropriate, the Regulation will accordingly be amended by updating the list of companies benefiting from individual duty rates. |
| --- | --- |

(120)

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

3

| (121) | In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporting producers but also to those producers which did not have any exports to the Union during the IP. |
| --- | --- |

(121)

In order to ensure a proper enforcement of the anti-dumping duty, the residual duty level should not only apply to the non-cooperating exporting producers but also to those producers which did not have any exports to the Union during the IP.

| (122) | The dumping and injury margins as well as provisional anti-dumping duties are established as follows:








  Company | Dumping margin | Injury margin | Provisional duty |
| --- | --- | --- | --- | --- |
| Yuyao Mingda Fiberglass Co. Ltd | 62,9  % | 69,1  % | 62,9  % |
| Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd | 48,4  % | 66,8  % | 48,4  % |
| Sample Weighted Average for the cooperating exporting producers not included in the sample | 57,7  % | 68,2  % | 57,7  % |
| Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co. Ltd | 62,9  % | 69,1  % | 62,9  % |

(122)

The dumping and injury margins as well as provisional anti-dumping duties are established as follows:

Company

Dumping margin

Injury margin

Provisional duty

Yuyao Mingda Fiberglass Co. Ltd

62,9  %

69,1  %

62,9  %

Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd

48,4  %

66,8  %

48,4  %

Sample Weighted Average for the cooperating exporting producers not included in the sample

57,7  %

68,2  %

57,7  %

Residual for non-cooperating exporting producers and Ningbo Weishan Duo Bao Building Materials Co. Ltd

62,9  %

69,1  %

62,9  %

H.   DISCLOSURE

DISCLOSURE

| (123) | The above provisional findings will be disclosed to all interested parties which will be invited to make their views known in writing and request a hearing. Their comments will be analysed and taken into consideration where warranted before any definitive determinations are made. Furthermore, it should be stated that the findings concerning the imposition of anti-dumping duties made for the purposes of this Regulation are provisional and may have to be reconsidered for the purposes of any definitive findings, |
| --- | --- |

(123)

The above provisional findings will be disclosed to all interested parties which will be invited to make their views known in writing and request a hearing. Their comments will be analysed and taken into consideration where warranted before any definitive determinations are made. Furthermore, it should be stated that the findings concerning the imposition of anti-dumping duties made for the purposes of this Regulation are provisional and may have to be reconsidered for the purposes of any definitive findings,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A provisional anti-dumping duty is hereby imposed on imports of open mesh fabrics of glass fibres, of a cell size of more than 1,8 mm both in length and in width and weighing more than 35 g/m2, currently falling within CN codes ex 7019 40 00, ex 7019 51 00, ex 7019 59 00, ex 7019 90 91 and ex 7019 90 99 (TARIC codes 7019400011, 7019400021, 7019400050, 7019510010, 7019590010, 7019909110 and 7019909950) and originating in the People’s Republic of China.

2.   The rate of the provisional anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and manufactured by the companies below shall be:

| Company | Duty (%) | TARIC additional code |
| --- | --- | --- |
| Yuyao Mingda Fiberglass Co. Ltd | 62,9 | B006 |
| Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd | 48,4 | B007 |
| Companies listed in Annex I | 57,7 | B008 |
| All other companies | 62,9 | B999 |

Company

Duty (%)

TARIC additional code

Yuyao Mingda Fiberglass Co. Ltd

62,9

B006

Grand Composite Co. Ltd and its related company Ningbo Grand Fiberglass Co. Ltd

48,4

B007

Companies listed in Annex I

57,7

B008

All other companies

62,9

B999

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

4.   The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security equivalent to the amount of the provisional duty.

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

Article 2

1.   Without prejudice to Article 20 of Regulation (EC) No 1225/2009, interested parties may request disclosure of the essential facts and considerations on the basis of which this Regulation was adopted, make their views known in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation.

2.   Pursuant to Article 21(4) of Regulation (EC) No 1225/2009, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force.

Article 3

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

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

Done at Brussels, 16 February 2011.

For the Commission

The President

José Manuel BARROSO

---

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

1

(2)  
  OJ C 131, 20.5.2010, p. 6.

2

(3)  
  European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, Belgium.

3

---

ANNEX I

Chinese cooperating exporting producers, not sampled (TARIC additional code B008)

| — | Jiangxi Dahua Fiberglass Group Co., Ltd |
| --- | --- |

—

Jiangxi Dahua Fiberglass Group Co., Ltd

| — | Lanxi Jialu Fiberglass Net Industry Co., Ltd |
| --- | --- |

—

Lanxi Jialu Fiberglass Net Industry Co., Ltd

| — | Cixi Oulong Fiberglass Co., Ltd |
| --- | --- |

—

Cixi Oulong Fiberglass Co., Ltd

| — | Yuyao Feitian Fiberglass Co. Ltd |
| --- | --- |

—

Yuyao Feitian Fiberglass Co. Ltd

| — | Jiangsu Tianyu Fibre Co. Ltd |
| --- | --- |

—

Jiangsu Tianyu Fibre Co. Ltd

| — | Jia Xin Jinwei Fiber Glass Products Co., Ltd |
| --- | --- |

—

Jia Xin Jinwei Fiber Glass Products Co., Ltd

| — | Jiangsu Jiuding New Material Co., Ltd |
| --- | --- |

—

Jiangsu Jiuding New Material Co., Ltd

| — | Changshu Jiangnan Glass Fiber Co., Ltd |
| --- | --- |

—

Changshu Jiangnan Glass Fiber Co., Ltd

| — | Shandong Shenghao Fiber Glass Co., Ltd |
| --- | --- |

—

Shandong Shenghao Fiber Glass Co., Ltd

| — | Yuyao Yuanda Fiberglass Mesh Co., Ltd |
| --- | --- |

—

Yuyao Yuanda Fiberglass Mesh Co., Ltd

| — | Ningbo Kingsun Imp & Exp Co. Ltd |
| --- | --- |

—

Ningbo Kingsun Imp & Exp Co. Ltd

| — | Ningbo Integrated Plasticizing Co., Ltd |
| --- | --- |

—

Ningbo Integrated Plasticizing Co., Ltd

| — | Nankang Luobian Glass Fibre Co., Ltd |
| --- | --- |

—

Nankang Luobian Glass Fibre Co., Ltd

| — | Changshu Dongyu Insulated Compound Materials Co. Ltd |
| --- | --- |

—

Changshu Dongyu Insulated Compound Materials Co. Ltd

---

ANNEX II

A declaration signed by an official of the entity issuing the commercial invoice, in the following format, must appear on the valid commercial invoice referred to in Article 1(3):

| 1. | The name and function of the official of the entity issuing the commercial invoice. |
| --- | --- |

1.

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

| 2. | The following declaration:

  ‘I, the undersigned, certify that the (volume) of open mesh fabrics made of glass fibres sold for export to the European Union covered by this invoice was manufactured by (company name and registered seat) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.
  Date and signature’ |
| --- | --- |

2.

The following declaration:

‘I, the undersigned, certify that the (volume) of open mesh fabrics made of glass fibres sold for export to the European Union covered by this invoice was manufactured by (company name and registered seat) (TARIC additional code) in (country concerned). I declare that the information provided in this invoice is complete and correct.

Date and signature’

---

| 17.2.2011 | EN | Official Journal of the European Union | L 43/26 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/26

---

COMMISSION REGULATION (EU) No 139/2011

of 16 February 2011

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 Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 17 February 2011.

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

Done at Brussels, 16 February 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 350, 31.12.2007, 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 | IL | 120,5 |
| JO | 87,5 |
| MA | 64,8 |
| TN | 102,0 |
| TR | 99,5 |
| ZZ | 94,9 |
| 0707 00 05 | JO | 204,2 |
| MK | 171,4 |
| TR | 181,4 |
| ZZ | 185,7 |
| 0709 90 70 | MA | 46,6 |
| TR | 112,9 |
| ZZ | 79,8 |
| 0805 10 20 | EG | 58,7 |
| IL | 65,6 |
| MA | 56,3 |
| TN | 55,4 |
| TR | 71,0 |
| ZZ | 61,4 |
| 0805 20 10 | IL | 147,7 |
| MA | 87,3 |
| TR | 79,6 |
| ZZ | 104,9 |
| 0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 | CN | 66,4 |
| IL | 118,8 |
| JM | 80,9 |
| MA | 115,0 |
| TR | 59,8 |
| ZZ | 88,2 |
| 0805 50 10 | EG | 62,1 |
| MA | 49,3 |
| TR | 50,8 |
| ZZ | 54,1 |
| 0808 10 80 | CA | 91,1 |
| CL | 54,0 |
| CM | 52,0 |
| CN | 72,6 |
| MK | 51,2 |
| US | 128,0 |
| ZZ | 74,8 |
| 0808 20 50 | AR | 130,7 |
| CL | 60,7 |
| CN | 71,5 |
| US | 113,1 |
| ZA | 104,9 |
| ZZ | 96,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

120,5

JO

87,5

MA

64,8

TN

102,0

TR

99,5

ZZ

94,9

0707 00 05

JO

204,2

MK

171,4

TR

181,4

ZZ

185,7

0709 90 70

MA

46,6

TR

112,9

ZZ

79,8

0805 10 20

EG

58,7

IL

65,6

MA

56,3

TN

55,4

TR

71,0

ZZ

61,4

0805 20 10

IL

147,7

MA

87,3

TR

79,6

ZZ

104,9

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

CN

66,4

IL

118,8

JM

80,9

MA

115,0

TR

59,8

ZZ

88,2

0805 50 10

EG

62,1

MA

49,3

TR

50,8

ZZ

54,1

0808 10 80

CA

91,1

CL

54,0

CM

52,0

CN

72,6

MK

51,2

US

128,0

ZZ

74,8

0808 20 50

AR

130,7

CL

60,7

CN

71,5

US

113,1

ZA

104,9

ZZ

96,2

---

(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’.

---

| 17.2.2011 | EN | Official Journal of the European Union | L 43/28 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/28

---

COMMISSION REGULATION (EU) No 140/2011

of 16 February 2011

withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas

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 Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (2), and in particular Article 5(2) thereof,

Whereas:

| (1) | Submission of applications for import licences concerning order number 09.4320 were suspended as from 28 September 2010 by Commission Regulation (EU) No 854/2010 of 27 September 2010 fixing the allocation coefficient for the issuing of import licences applied for from 8 to 14 September 2010 for sugar products under certain tariff quotas and suspending submission of applications for such licences (3), in accordance with Regulation (EC) No 891/2009. |
| --- | --- |

(1)

Submission of applications for import licences concerning order number 09.4320 were suspended as from 28 September 2010 by Commission Regulation (EU) No 854/2010 of 27 September 2010 fixing the allocation coefficient for the issuing of import licences applied for from 8 to 14 September 2010 for sugar products under certain tariff quotas and suspending submission of applications for such licences (3), in accordance with Regulation (EC) No 891/2009.

| (2) | Following notifications on unused and/or partly used licences, quantities became available again for that order number. The suspension of applications should therefore be withdrawn, |
| --- | --- |

(2)

Following notifications on unused and/or partly used licences, quantities became available again for that order number. The suspension of applications should therefore be withdrawn,

HAS ADOPTED THIS REGULATION:

Article 1

The suspension laid down by Regulation (EU) No 854/2010 of submission of applications for import licences for order number 09.4320 as from 28 September 2010 is withdrawn.

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, 16 February 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 254, 26.9.2009, p. 82.

2

(3)  
  OJ L 253, 28.9.2010, p. 52.

3

---

| 17.2.2011 | EN | Official Journal of the European Union | L 43/29 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/29

---

COMMISSION REGULATION (EU) No 141/2011

of 16 February 2011

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EU) No 867/2010 for the 2010/11 marketing year

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 Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 134/2011 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2010/11 marketing year are fixed by Commission Regulation (EU) No 867/2010 (3). These prices and duties have been last amended by Commission Regulation (EU) No 134/2011 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EU) No 867/2010 for the 2010/11, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 17 February 2011.

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

Done at Brussels, 16 February 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 259, 1.10.2010, p. 3.

3

(4)  
  OJ L 41, 15.2.2011, p. 6.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 17 February 2011

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 57,94 | 0,00 |
| 1701 11 90  (1) | 57,94 | 0,00 |
| 1701 12 10  (1) | 57,94 | 0,00 |
| 1701 12 90  (1) | 57,94 | 0,00 |
| 1701 91 00  (2) | 53,69 | 1,36 |
| 1701 99 10  (2) | 53,69 | 0,00 |
| 1701 99 90  (2) | 53,69 | 0,00 |
| 1702 90 95  (3) | 0,54 | 0,20 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

57,94

0,00

1701 11 90  (1)

57,94

0,00

1701 12 10  (1)

57,94

0,00

1701 12 90  (1)

57,94

0,00

1701 91 00  (2)

53,69

1,36

1701 99 10  (2)

53,69

0,00

1701 99 90  (2)

53,69

0,00

1702 90 95  (3)

0,54

0,20

---

(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

---

DECISIONS

| 17.2.2011 | EN | Official Journal of the European Union | L 43/31 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/31

---

COUNCIL DECISION 2011/106/CFSP

of 15 February 2011

on adapting and extending the period of application of the measures in Decision 2002/148/EC concluding consultations with Zimbabwe under Article 96 of the ACP-EC Partnership Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised in Ouagadougou, Burkina Faso, on 23 June 2010 (2) (hereinafter referred to as ‘the ACP-EU Partnership Agreement’), and in particular Article 96 thereof,

Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | By Council Decision 2002/148/EC (4), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EU Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken. |
| --- | --- |

(1)

By Council Decision 2002/148/EC (4), the consultations with the Republic of Zimbabwe under Article 96(2)(c) of the ACP-EU Partnership Agreement were concluded and appropriate measures, as specified in the Annex to that Decision, were taken.

| (2) | Pursuant to Council Decision 2010/97/CFSP (5), the measures referred to in the Annex to Decision 2002/148/EC were adapted and their period of application was extended for 12 months until 20 February 2011. |
| --- | --- |

(2)

Pursuant to Council Decision 2010/97/CFSP (5), the measures referred to in the Annex to Decision 2002/148/EC were adapted and their period of application was extended for 12 months until 20 February 2011.

| (3) | The creation of the Government of National Unity (GNU) in Zimbabwe was recognised as an opportunity to re-establish a constructive relationship between the European Union and Zimbabwe and to support the implementation of Zimbabwe’s reform programme. |
| --- | --- |

(3)

The creation of the Government of National Unity (GNU) in Zimbabwe was recognised as an opportunity to re-establish a constructive relationship between the European Union and Zimbabwe and to support the implementation of Zimbabwe’s reform programme.

| (4) | However, this is being undermined by the lack of progress by the GNU to implement certain essential elements of the ACP-EU Partnership Agreement, to which the GNU had committed itself in the Global Political Agreement (GPA). |
| --- | --- |

(4)

However, this is being undermined by the lack of progress by the GNU to implement certain essential elements of the ACP-EU Partnership Agreement, to which the GNU had committed itself in the Global Political Agreement (GPA).

| (5) | The period of application of the measures referred to in Decision 2002/148/EC should therefore be extended. The measures should constantly be reviewed in light of concrete progress on the ground. |
| --- | --- |

(5)

The period of application of the measures referred to in Decision 2002/148/EC should therefore be extended. The measures should constantly be reviewed in light of concrete progress on the ground.

HAS ADOPTED THIS DECISION:

Article 1

The measures referred to in the letter annexed to this Decision are hereby extended as appropriate measures within the meaning of Article 96(2)(c) of the ACP-EU Partnership Agreement.

These measures shall apply until 20 February 2012. They shall be kept under constant review.

Article 2

The letter annexed to this Decision shall be addressed to President Mugabe of Zimbabwe and copied to Prime Minister Tsvangirai and Deputy Prime Minister Mutambara.

Article 3

This Decision shall enter into force on the day of its adoption.

Article 4

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

Done at Brussels, 15 February 2011.

For the Council

The President

MATOLCSY Gy.

---

(1)  
  OJ L 317, 15.12.2000, p. 3.

1

(2)  
  OJ L 287, 4.11.2010, p. 3.

2

(3)  
  OJ L 317, 15.12.2000, p. 376.

3

(4)  
  OJ L 50, 21.2.2002, p. 64.

4

(5)  
  OJ L 44, 16.2.2010, p. 20.

5

---

ANNEX

LETTER TO THE PRESIDENT OF ZIMBABWE

The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EU Partnership Agreement. As essential elements of that Agreement, respect for human rights, democratic institutions and the rule of law form the basis of our relations.

By letter dated 19 February 2002, the European Union informed you of its decision to conclude the consultations held under Article 96 of the ACP-EU Partnership Agreement and to take appropriate measures within the meaning of Article 96(2)(c) of that Agreement.

By letter dated 15 February 2010, the European Union informed you of its decision not to revoke the appropriate measures and to extend their period of application until 20 February 2011.

Since the establishment of the Government of National Unity (GNU) in 2009, the progress achieved based on the Global Political Agreement (GPA) has been welcomed by the European Union. The European Union reiterates the great importance it attaches to the political dialogue, provided for in Article 8 of the ACP-EU Partnership Agreement, and officially launched at the request of the Government of Zimbabwe at the EU-Zimbabwe Ministerial Troika on 18-19 June 2009 in Brussels. At the most recent Ministerial Meeting of 2 July 2010, an inclusive Zimbabwean Delegation headed by Minister Mangoma, handed over an updated version of the GPA Commitment Plan. The European Union took note of the progress made so far in the implementation of the GPA and informed the Government of Zimbabwe by letter dated 29 September 2010 of the 10th EDF indicative allocation (EUR 130 million to become available upon lifting of Article 96 and signing of a Country Strategy Paper). The European Union remains committed to further intensifying the Article 8 political dialogue.

The European Union supports the ongoing efforts of the GNU to implement the GPA, and welcomes the achievements made in stabilising the economy and restoring basic social services. However, the European Union regrets the lack of progress on key political agreements of the GPA.

The European Union encourages all parties forming the GNU to remain committed to the implementation of the democratic reforms as set out in the GPA. The European Union considers progress in this area, such as an understanding between all parties to the GNU on concrete steps towards creating an environment for peaceful and credible elections, to be of great importance.

In this context, the European Union welcomes intensified regional diplomacy and the efforts of the Southern African Development Community (SADC) and its Member States to create an environment conducive to elections.

In light of the above, the European Union has decided to extend until 20 February 2012 the period of application of the appropriate measures set out in Council Decision 2002/148/EC and adapted in Council Decision 2010/97/CFSP. The European Union would like to assure Zimbabwe of its continued willingness to engage itself and to review at any time the restrictions on development cooperation. We would hope that concrete progress on the ground could be made to allow for full cooperation to resume. In this context, the European Union will closely follow the steps made by the Government of Zimbabwe towards ensuring credible elections.

Yours faithfully,

For the European Union

---

| 17.2.2011 | EN | Official Journal of the European Union | L 43/33 |
| --- | --- | --- | --- |

17.2.2011

EN

Official Journal of the European Union

L 43/33

---

COMMISSION DECISION

of 10 February 2011

amending Decision 2007/756/EC adopting a common specification of the national vehicle register

(notified under document C(2011) 665)

(Text with EEA relevance)

(2011/107/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the rail system within the Community (1), and in particular Article 33 thereof,

Whereas:

| (1) | Section 2.2 of the Annex to Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for pursuant to Article 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (2) describes the implementation of the European global architecture for national vehicle registers (NVRs) and provides for an update of the Decision, if appropriate, following the evaluation of a pilot project by the European Railway Agency. Moreover, it provides for a decision to connect national vehicle registers to the central Virtual Vehicle Register (VVR). The European Railway Agency has implemented and evaluated the pilot project. On 26 March 2010, it delivered to the Commission recommendation ERA/REC/01-2010/INT proposing an update of the Annex to Decision 2007/756/EC. Decision 2007/756/EC should therefore be amended. |
| --- | --- |

(1)

Section 2.2 of the Annex to Commission Decision 2007/756/EC of 9 November 2007 adopting a common specification of the national vehicle register provided for pursuant to Article 14(4) and (5) of Directives 96/48/EC and 2001/16/EC (2) describes the implementation of the European global architecture for national vehicle registers (NVRs) and provides for an update of the Decision, if appropriate, following the evaluation of a pilot project by the European Railway Agency. Moreover, it provides for a decision to connect national vehicle registers to the central Virtual Vehicle Register (VVR). The European Railway Agency has implemented and evaluated the pilot project. On 26 March 2010, it delivered to the Commission recommendation ERA/REC/01-2010/INT proposing an update of the Annex to Decision 2007/756/EC. Decision 2007/756/EC should therefore be amended.

| (2) | Article 33(2) of Directive 2008/57/EC provides that the NVR is to contain, among other compulsory information, the identification of the owner of the vehicle and the entity in charge of maintenance. A transition period is therefore needed for adapting non-standard NVRs to contain Field 9.2 ‘registered business number’ and updating the information on the owner and entity in charge of maintenance for vehicles already registered in the NVR. |
| --- | --- |

(2)

Article 33(2) of Directive 2008/57/EC provides that the NVR is to contain, among other compulsory information, the identification of the owner of the vehicle and the entity in charge of maintenance. A transition period is therefore needed for adapting non-standard NVRs to contain Field 9.2 ‘registered business number’ and updating the information on the owner and entity in charge of maintenance for vehicles already registered in the NVR.

| (3) | The transition periods for existing vehicles described in Section 4.3 of the Annex to Decision 2007/756/EC have expired or are expiring. The former registration entity responsible for vehicle registration should have made all required information available under an agreement between itself and the registration entity designated according to Article 4 of Decision 2007/756/EC. This information should have been transferred by 9 November 2008. The registration entity of each Member State should have entered vehicles used in international traffic in its NVR by 9 November 2009. The registration entity of each Member State should have entered vehicles used in domestic traffic in its NVR by 9 November 2010. |
| --- | --- |

(3)

The transition periods for existing vehicles described in Section 4.3 of the Annex to Decision 2007/756/EC have expired or are expiring. The former registration entity responsible for vehicle registration should have made all required information available under an agreement between itself and the registration entity designated according to Article 4 of Decision 2007/756/EC. This information should have been transferred by 9 November 2008. The registration entity of each Member State should have entered vehicles used in international traffic in its NVR by 9 November 2009. The registration entity of each Member State should have entered vehicles used in domestic traffic in its NVR by 9 November 2010.

| (4) | The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC, |
| --- | --- |

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee established in accordance with Article 29(1) of Directive 2008/57/EC,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2007/756/EC is replaced by the Annex to this Decision.

Article 2

1.   The European Railway Agency shall adapt the installation files and documents to be used for setting up the standard national vehicle register (sNVR), the translation engine and the virtual vehicle register to add information on authorisations for placing in service granted in other Member States (items 2, 6, 12 and 13) by 30 June 2011.

2.   The European Railway Agency shall publish a guide on the application of the EU global NVR architecture by 30 June 2011.

Article 3

1.   Member States shall adapt their national vehicle register to include information on authorisations for placing in service granted in other Member States (items 2, 6, 12 and 13 specified in the Annex) and, if they use non-standard national vehicle register, to include Field 9.2 ‘registered business number’ specified in the Annex in accordance with the installation files referred to in Article 2 by 31 December 2011.

2.   Member States shall ensure that, for the vehicles registered before the entry into force of this Decision, the registered business number of the entity in charge of maintenance is recorded in the national vehicle register by 31 December 2011.

Article 4

Member States shall ensure that their national vehicle register is connected to the virtual vehicle register by 31 December 2011.

Article 5

This Decision is addressed to the Member States.

Done at Brussels, 10 February 2011.

For the Commission

Siim KALLAS

Vice-President

---

(1)  
  OJ L 191, 18.7.2008, p. 1.

1

(2)  
  OJ L 305, 23.11.2007, p. 30.

2

---

ANNEX

‘ANNEX

1.   DATA

The data format of the national vehicle register (hereinafter referred to as “NVR”) is as follows.

The item numbering follows the logic of the proposed standard registration form in Appendix 4.

In addition, field(s) may be added such as comments, identification of vehicles under investigation (see Section 3.4), etc.

| 1. | European Vehicle Number | Compulsory |
| --- | --- | --- |
| Content | Numeric identification code as defined in Annex P to the Technical Specification for Interoperability (TSI) on “operation and traffic management” (hereinafter referred to as “OPE TSI”) (1) | |
| Format | 1.1. | Number |

1.

European Vehicle Number

Compulsory

Content

Numeric identification code as defined in Annex P to the Technical Specification for Interoperability (TSI) on “operation and traffic management” (hereinafter referred to as “OPE TSI”) (1)

Format

1.1.

Number

12 digits

| 1.2. | Previous number (if applicable, for renumbered vehicle) |
| --- | --- |

1.2.

Previous number (if applicable, for renumbered vehicle)

2.

Member State and NSA

Compulsory

Content

Identification of the Member State where the vehicle has been registered and NSA that authorised its placing in service

Format

| 2.1. | Member State numeric code as defined in Annex P to OPE TSI |
| --- | --- |

2.1.

Member State numeric code as defined in Annex P to OPE TSI

Two-digit code

| 2.2. | Name of NSA |
| --- | --- |

2.2.

Name of NSA

Text

3.

Manufacturing year

Compulsory

Content

Year in which the vehicle left the factory

Format

| 3. | Manufacturing year |
| --- | --- |

3.

Manufacturing year

YYYY

4.

EC reference

Compulsory (when available)

Content

References to the “EC” declaration of verification and the issuing body (the applicant)

Format

| 4.1. | Date of declaration |
| --- | --- |

4.1.

Date of declaration

Date

| 4.2. | EC reference |
| --- | --- |

4.2.

EC reference

Text

| 4.3. | Name of issuing body (applicant) |
| --- | --- |

4.3.

Name of issuing body (applicant)

Text

| 4.4. | Registered business number |
| --- | --- |

4.4.

Registered business number

Text

| 4.5. | Address of organisation, street and number |
| --- | --- |

4.5.

Address of organisation, street and number

Text

| 4.6. | Town |
| --- | --- |

4.6.

Town

Text

| 4.7. | Country code |
| --- | --- |

4.7.

Country code

ISO (see Appendix 2)

| 4.8. | Post code |
| --- | --- |

4.8.

Post code

Alphanumeric code

5.

Reference to the European Register of Authorised Types of Vehicles (ERATV)

Compulsory (2)

Content

Reference allowing retrieval of the relevant technical data from ERATV (3); the reference is compulsory if the type is defined in ERATV

Format

| 5. | Reference allowing retrieval of the relevant technical data from ERATV |
| --- | --- |

5.

Reference allowing retrieval of the relevant technical data from ERATV

Alphanumeric code(s)

5bis

Series

Optional

Content

Identification of a series, if the vehicle is part of a series

| 5bis | Series |
| --- | --- |

5bis

Series

Text

6.

Restrictions

Compulsory

Content

Any restrictions on how the vehicle may be used

Format

| 6.1. | Coded restrictions
  (see Appendix 1) |
| --- | --- |

6.1.

Coded restrictions

(see Appendix 1)

Code

| 6.2 | Non-coded restrictions |
| --- | --- |

6.2

Non-coded restrictions

Text

7.

Owner

Compulsory

Content

Identification of the owner of the vehicle

Format

| 7.1. | Name of organisation |
| --- | --- |

7.1.

Name of organisation

Text

| 7.2. | Registered business number |
| --- | --- |

7.2.

Registered business number

Text

| 7.3. | Address of organisation, street and number |
| --- | --- |

7.3.

Address of organisation, street and number

Text

| 7.4. | Town |
| --- | --- |

7.4.

Town

Text

| 7.5. | Country code |
| --- | --- |

7.5.

Country code

ISO (see Appendix 2)

| 7.6. | Post code |
| --- | --- |

7.6.

Post code

Alphanumeric code

8.

Keeper

Compulsory

Content

Identification of the keeper of the vehicle

Format

| 8.1. | Name of organisation |
| --- | --- |

8.1.

Name of organisation

Text

| 8.2. | Registered business number |
| --- | --- |

8.2.

Registered business number

Text

| 8.3. | Address of organisation, street and number |
| --- | --- |

8.3.

Address of organisation, street and number

Text

| 8.4. | Town |
| --- | --- |

8.4.

Town

Text

| 8.5. | Country code |
| --- | --- |

8.5.

Country code

ISO (see Appendix 2)

| 8.6. | Post code |
| --- | --- |

8.6.

Post code

Alphanumeric code

| 8.7. | VKM (if available) |
| --- | --- |

8.7.

VKM (if available)

Alphanumeric code

9.

Entity in charge of maintenance

Compulsory

Content

Reference to the entity in charge of maintenance

Format

| 9.1. | Entity in charge of maintenance |
| --- | --- |

9.1.

Entity in charge of maintenance

Text

| 9.2. | Registered business number |
| --- | --- |

9.2.

Registered business number

Text

| 9.3. | Address of entity, street and number |
| --- | --- |

9.3.

Address of entity, street and number

Text

| 9.4. | Town |
| --- | --- |

9.4.

Town

Text

| 9.5. | Country code |
| --- | --- |

9.5.

Country code

ISO

| 9.6. | Post code |
| --- | --- |

9.6.

Post code

Alphanumeric code

| 9.7. | E-mail address |
| --- | --- |

9.7.

E-mail address

E-mail

10.

Withdrawal

Compulsory when applicable

Content

Date of official scrapping and/or other disposal arrangement and the code for withdrawal mode

Format

| 10.1. | Mode of disposal
  (see Appendix 3) |
| --- | --- |

10.1.

Mode of disposal

(see Appendix 3)

Two-digit code

| 10.2. | Withdrawal date |
| --- | --- |

10.2.

Withdrawal date

Date

11.

Member States where the vehicle is authorised

Compulsory

Content

List of Member States where the vehicle is authorised

Format

| 11. | Member State numeric code as defined in Annex P.4 to OPE TSI |
| --- | --- |

11.

Member State numeric code as defined in Annex P.4 to OPE TSI

List

12.

Authorisation number

Compulsory

Content

Harmonised authorisation number for placing in service, generated by NSA

Format

| 12. | Authorisation number |
| --- | --- |

12.

Authorisation number

For existing vehicles: text

For new vehicles: alphanumeric code based on EIN, see Appendix 2

13.

Authorisation of placing in service

Compulsory

Content

Date of authorisation for placing the vehicle in service (4) and its validity

Format

| 13.1. | Date of authorisation |
| --- | --- |

13.1.

Date of authorisation

Date (YYYYMMDD)

| 13.2. | Authorisation valid until (if specified) |
| --- | --- |

13.2.

Authorisation valid until (if specified)

Date (YYYYMMDD)

| 13.3. | Suspension of authorisation |
| --- | --- |

13.3.

Suspension of authorisation

Yes/No

2.   ARCHITECTURE

2.1.   Links with other registers

Several registers are being set up partly as a consequence of the new EU regulatory regime. The table below summarises which registers and databases might have links with the NVR when they are implemented.

| Register or database | Entity responsible | Other entities having access |
| --- | --- | --- |
| NVR
  (Interoperability Directive) | Registration Entity (RE) (5) /NSA | Other NSA/RE/RU/IM/IB/RB/Keeper/Owner/ERA/OTIF |
| ERATV
  (Interoperability Directive) | ERA | Public |
| RSRD
  (TAF TSI & SEDP) | Keeper | RU/IM/NSA/ERA/Keeper/Workshops |
| WIMO
  (TAF TSI & SEDP) | Not yet decided | RU/IM/NSA/ERA/Keeper/Workshops/User |
| Railway rolling stock registry (6) (Cape Town Convention) | Registrar | Public |
| OTIF register
  (COTIF 99 — ATMF) | OTIF | Competent Authorities/RU/IM/IB/RB/Keeper/Owner/ERA/OTIF Sec. |

Register or database

Entity responsible

Other entities having access

NVR

(Interoperability Directive)

Registration Entity (RE) (5) /NSA

Other NSA/RE/RU/IM/IB/RB/Keeper/Owner/ERA/OTIF

ERATV

(Interoperability Directive)

ERA

Public

RSRD

(TAF TSI & SEDP)

Keeper

RU/IM/NSA/ERA/Keeper/Workshops

WIMO

(TAF TSI & SEDP)

Not yet decided

RU/IM/NSA/ERA/Keeper/Workshops/User

Railway rolling stock registry (6) (Cape Town Convention)

Registrar

Public

OTIF register

(COTIF 99 — ATMF)

OTIF

Competent Authorities/RU/IM/IB/RB/Keeper/Owner/ERA/OTIF Sec.

It is not possible to wait for all registers to be ready before implementing the NVR. Therefore, the specification of the NVR must allow for later interfacing with these other registers. To this end:

| — | ERATV: reference is made to this in the NVR, by providing a reference to the vehicle type. The key for linking both registers is item No 5, |
| --- | --- |

—

ERATV: reference is made to this in the NVR, by providing a reference to the vehicle type. The key for linking both registers is item No 5,

| — | RSRD: this includes some “administrative” items of the NVR. Under specification within the TAF TSI SEDP. The SEDP will take account of the NVR specification, |
| --- | --- |

—

RSRD: this includes some “administrative” items of the NVR. Under specification within the TAF TSI SEDP. The SEDP will take account of the NVR specification,

| — | WIMO: this includes data from RSRD and maintenance data. No link with the NVR is envisaged, |
| --- | --- |

—

WIMO: this includes data from RSRD and maintenance data. No link with the NVR is envisaged,

| — | VKMR: this register is managed by ERA and OTIF in cooperation (ERA for the EU and OTIF for all non-EU OTIF Member States). The keeper is recorded in the NVR. The TSI OPE specifies other global central registers (such as vehicle type codes, interoperability codes, country codes, etc.) to be managed by a “central body” resulting from cooperation between ERA and OTIF, |
| --- | --- |

—

VKMR: this register is managed by ERA and OTIF in cooperation (ERA for the EU and OTIF for all non-EU OTIF Member States). The keeper is recorded in the NVR. The TSI OPE specifies other global central registers (such as vehicle type codes, interoperability codes, country codes, etc.) to be managed by a “central body” resulting from cooperation between ERA and OTIF,

| — | railway rolling stock registry (Cape Town Convention/Luxembourg Protocol): this is a register of financial information related to mobile equipment. It has not yet been developed. There is a possible link because the UNIDROIT register needs information on the vehicle number and owner. The key for linking both registers is the first EVN assigned to the vehicle, |
| --- | --- |

—

railway rolling stock registry (Cape Town Convention/Luxembourg Protocol): this is a register of financial information related to mobile equipment. It has not yet been developed. There is a possible link because the UNIDROIT register needs information on the vehicle number and owner. The key for linking both registers is the first EVN assigned to the vehicle,

| — | OTIF registers: OTIF registers are being developed taking account of the EU vehicle registers. |
| --- | --- |

—

OTIF registers: OTIF registers are being developed taking account of the EU vehicle registers.

The architecture of the whole system, as well as the links between the NVR and other registers, will be defined in such a way as to allow retrieval of the requested information when necessary.

2.2.   The EU global NVR architecture

The NVR registers will be implemented by means of a decentralised solution. The objective is to implement a search engine for distributed data, using a common software application, to allow users to retrieve data from all the Local Registers (LR) in the Member States.

NVR data will be stored at national level and will be accessible using a web-based application (with its own web address).

The European Centralised Virtual Vehicle Register (EC VVR) will be composed of two sub-systems:

| — | the Virtual Vehicle Register (VVR), which is the central search engine in ERA, |
| --- | --- |

—

the Virtual Vehicle Register (VVR), which is the central search engine in ERA,

| — | the National Vehicle Register(s) (NVR), which are the LR in the Member States. The Member States can use the standard NVR (sNVR) developed by the Agency or develop their own applications in conformity with this specification. In the latter case, for communication by the NVR with the VVR the Member States will use a Translation Engine (TE) developed by the Agency. |
| --- | --- |

—

the National Vehicle Register(s) (NVR), which are the LR in the Member States. The Member States can use the standard NVR (sNVR) developed by the Agency or develop their own applications in conformity with this specification. In the latter case, for communication by the NVR with the VVR the Member States will use a Translation Engine (TE) developed by the Agency.

Figure 1

EC-VVR architecture

Image 1

This architecture is based on two complementary sub-systems to enable searches on data stored locally in all Member States. It will:

| — | establish computerised registers at national level and open them to cross-consultation, |
| --- | --- |

—

establish computerised registers at national level and open them to cross-consultation,

| — | replace paper registers by computerised records, to allow the Member States to manage and share information with other Member States, |
| --- | --- |

—

replace paper registers by computerised records, to allow the Member States to manage and share information with other Member States,

| — | allow connections between the NVRs and the VVR, using common standards and terminology. |
| --- | --- |

—

allow connections between the NVRs and the VVR, using common standards and terminology.

The main principles of this architecture are as follows:

| — | all NVRs will be part of the computer based network system, |
| --- | --- |

—

all NVRs will be part of the computer based network system,

| — | all Member States will view the common data when accessing the system, |
| --- | --- |

—

all Member States will view the common data when accessing the system,

| — | double registration of data and possible related errors will be avoided once the VVR has been established, |
| --- | --- |

—

double registration of data and possible related errors will be avoided once the VVR has been established,

| — | up-to-date data. |
| --- | --- |

—

up-to-date data.

The Agency will make available to the REs the following installation files and documents to be used for setting up the sNVR and TE and for connecting them to the central VVR:

| — | installation files:






  — | sNVR_Installation_Files, |
| --- | --- | --- |

—

installation files:

—

sNVR_Installation_Files,

| — | TE_Installation_Files, |
| --- | --- |

—

TE_Installation_Files,

| — | documents:






  — | Administrator_Guide_sNVR, |
| --- | --- | --- |

—

documents:

—

Administrator_Guide_sNVR,

| — | CSV_export, |
| --- | --- |

—

CSV_export,

| — | CSV_import, |
| --- | --- |

—

CSV_import,

| — | sNVR_Deployment_Guide, |
| --- | --- |

—

sNVR_Deployment_Guide,

| — | User_Guide_sNVR, |
| --- | --- |

—

User_Guide_sNVR,

| — | NVR-TE_Deployment_Guide, |
| --- | --- |

—

NVR-TE_Deployment_Guide,

| — | NVR-TE_Integration_Guide, |
| --- | --- |

—

NVR-TE_Integration_Guide,

| — | User_Guide_VVR. |
| --- | --- |

—

User_Guide_VVR.

3.   OPERATING MODE

3.1.   Use of the NVR

The NVR is to be used for the following purposes:

| — | recording authorisation, |
| --- | --- |

—

recording authorisation,

| — | recording the EVN allocated to vehicles, |
| --- | --- |

—

recording the EVN allocated to vehicles,

| — | looking for brief, European-wide information on a particular vehicle, |
| --- | --- |

—

looking for brief, European-wide information on a particular vehicle,

| — | following up legal aspects such as obligations and legal information, |
| --- | --- |

—

following up legal aspects such as obligations and legal information,

| — | retrieving information for inspections mainly related to safety and maintenance, |
| --- | --- |

—

retrieving information for inspections mainly related to safety and maintenance,

| — | enabling contact with the owner and keeper, |
| --- | --- |

—

enabling contact with the owner and keeper,

| — | cross-checking some safety requirements before issuing Safety Certificates, |
| --- | --- |

—

cross-checking some safety requirements before issuing Safety Certificates,

| — | following up a particular vehicle. |
| --- | --- |

—

following up a particular vehicle.

3.2.   Application forms

3.2.1.   Application for registration

The form to be used is in Appendix 4.

The entity applying for vehicle registration ticks the “New registration” box. It then fills in the first part of the form with all the necessary information from item 2 to item 9 and item 11 and then forwards it to the:

| — | RE of the Member State where registration is sought, |
| --- | --- |

—

RE of the Member State where registration is sought,

| — | RE of the first Member State where it intends to operate, for a vehicle coming from a third country. |
| --- | --- |

—

RE of the first Member State where it intends to operate, for a vehicle coming from a third country.

3.2.2.   Registering a vehicle and issuing a European Vehicle Number.

In the case of first registration, the RE concerned issues the European Vehicle number.

It is possible to have a separate registration form per vehicle or a single form for a whole set of vehicles of the same series or order with a list of the vehicle numbers attached.

The RE must take reasonable steps to ensure the accuracy of the data it enters in the NVR. To this end the RE can request information from other REs, in particular when the entity applying for registration in a Member State is not established in that Member State.

3.2.3.   Changing one or more registration item(s)

The entity applying for a change to its vehicle registration item(s):

| — | ticks the “Modification” box, |
| --- | --- |

—

ticks the “Modification” box,

| — | fills in the current EVN (item No 0), |
| --- | --- |

—

fills in the current EVN (item No 0),

| — | ticks the box(es) before the modified item(s), |
| --- | --- |

—

ticks the box(es) before the modified item(s),

| — | enters the new content of the modified item(s), and then forwards the form to the REs of all the Member States where the vehicle is registered. |
| --- | --- |

—

enters the new content of the modified item(s), and then forwards the form to the REs of all the Member States where the vehicle is registered.

The use of the standard form might not be sufficient for certain cases. If necessary, the RE concerned may therefore submit additional documents in either paper or electronic form.

Unless otherwise specified in the registration documents, the keeper of the vehicle is considered to be the “registration holder” in the meaning of Article 33(3) of Directive 2008/57/EC.

Should a keeper change, it is the responsibility of the currently registered keeper to notify the RE and the RE has to notify the new keeper of the change of registration. The former keeper is removed from the NVR and relieved of its responsibilities only when the new keeper has acknowledged its acceptance of keeper status. If on the date of de-registration of the currently registered keeper no new keeper has accepted the keeper status, the registration of the vehicle is suspended.

In cases where, in accordance with the OPE TSI, due to technical changes, the vehicle has to be given a new EVN, the registration holder shall inform of these changes and, if applicable, of the new authorisation for placing in service the RE of the Member State where the vehicle is registered. This RE shall assign to the vehicle a new EVN.

3.2.4.   Withdrawal of registration

The entity applying for withdrawal of registration ticks the “Withdrawal” box. It then fills in item No 10 and forwards the form to the REs of all the Member States where the vehicle is registered.

The RE delivers the withdrawal registration by filling in the date of withdrawal and acknowledging the withdrawal to the entity.

3.2.5.   Authorisation in several Member States

| 1. | When a vehicle equipped with a driving cab already authorised and registered in one Member State is authorised in another Member State, it must be registered in the NVR of the latter Member State. In this case, however, only data relating to items 1, 2, 6, 11, 12 and 13 and, where relevant, data relating to the fields added to the NVR by the latter Member State are to be recorded, as only these data relate to the latter Member State.
  This provision is applicable as long as the VVR and the links with all relevant NVRs are not fully operational and, during this period, the REs concerned will exchange information in order to ensure that data relating to the same vehicle are consistent. |
| --- | --- |

1.

This provision is applicable as long as the VVR and the links with all relevant NVRs are not fully operational and, during this period, the REs concerned will exchange information in order to ensure that data relating to the same vehicle are consistent.

| 2. | Vehicles not equipped with a driving cab, such as freight wagons, passenger cars and some special vehicles, are registered only in the NVR of the Member State where they are first placed in service. |
| --- | --- |

2.

| 3. | For any vehicle, the NVR where it is firstly registered contains the data relating to items 2, 6, 12 and 13 for each of the Member States where an authorisation for placing in service has been granted to this vehicle. |
| --- | --- |

3.

3.3.   Access rights

The access rights to data of an NVR from a given Member State “XX” are listed in the table below, in which the access codes are defined as follows:

| Access code | Type of access |
| --- | --- |
| 0. | No access |
| 1. | Restricted consultation (conditions in “Read rights” column) |
| 2. | Unrestricted consultation |
| 3. | Restricted consultation and updating |
| 4. | Unrestricted consultation and updating |

Access code

Type of access

0.

No access

1.

Restricted consultation (conditions in “Read rights” column)

2.

Unrestricted consultation

3.

Restricted consultation and updating

4.

Unrestricted consultation and updating

| Entity | Definition | Read rights | Update rights | Item No 7 | All other items |
| --- | --- | --- | --- | --- | --- |
| RE/NSA“XX” | RE/NSA in Member State “XX” | All data | All data | 4 | 4 |
| Other NSA/REs | Other NSAs and/or other REs | All data | None | 2 | 2 |
| ERA | European Railway Agency | All data | None | 2 | 2 |
| Keepers | Vehicle Keeper | All data on vehicles of which it is keeper | None | 1 | 1 |
| Fleet managers | Manager of vehicles as appointed by the keeper | Vehicles for which they have been appointed manager by the keeper | None | 1 | 1 |
| Owners | Owner of the vehicle | All data on vehicles of which they are the owners | None | 1 | 1 |
| RUs | Train Operator | All data based on vehicle number | None | 0 | 1 |
| IMs | Infrastructure Manager | All data based on vehicle number | None | 0 | 1 |
| IBs and RBs | Checking and auditing bodies notified by Member States | All data on vehicles being checked or audited | None | 2 | 2 |
| Other legitimate users | All casual users recognised by NSA or ERA | To be defined as appropriate, duration possibly limited | None | 0 | 1 |

Entity

Definition

Read rights

Update rights

Item No 7

All other items

RE/NSA“XX”

RE/NSA in Member State “XX”

All data

All data

4

4

Other NSA/REs

Other NSAs and/or other REs

All data

None

2

2

ERA

European Railway Agency

All data

None

2

2

Keepers

Vehicle Keeper

All data on vehicles of which it is keeper

None

1

1

Fleet managers

Manager of vehicles as appointed by the keeper

Vehicles for which they have been appointed manager by the keeper

None

1

1

Owners

Owner of the vehicle

All data on vehicles of which they are the owners

None

1

1

RUs

Train Operator

All data based on vehicle number

None

0

1

IMs

Infrastructure Manager

All data based on vehicle number

None

0

1

IBs and RBs

Checking and auditing bodies notified by Member States

All data on vehicles being checked or audited

None

2

2

Other legitimate users

All casual users recognised by NSA or ERA

To be defined as appropriate, duration possibly limited

None

0

1

3.4.   Historical records

All data in the NVR must be retained for 10 years from the date of withdrawal of a vehicle registration. As a minimum, data must be available online for the first 3 years. After 3 years, data may be kept either electronically, in paper form or in any other archiving system. If at any time during the 10-year period an investigation involving a vehicle or vehicles is started, data relating to these vehicles must be retained beyond the 10-year period if so required.

After withdrawal of a vehicle registration, any of the registration numbers assigned to the vehicle must not be assigned to any other vehicle for 100 years from the date the vehicle is withdrawn.

Any changes in the NVR should be recorded. The management of historical changes could be addressed by IT solutions.

4.   EXISTING VEHICLES

4.1.   Data content

The 13 data items retained are listed below, with an indication as to which are compulsory and which are not.

4.1.1.   Item No 1 — European Vehicle Number (Compulsory)

(a)   Vehicles already possessing a 12-digit number

Countries where there is a unique country code:

These vehicles should keep their current number. The 12-digit number should be registered as such without any modification.

Countries where there is both a main country code and a previously allocated specific code:

| — | Germany, with the main country code 80 and the specific code 68 for AAE (Ahaus Alstätter Eisenbahn), |
| --- | --- |

—

Germany, with the main country code 80 and the specific code 68 for AAE (Ahaus Alstätter Eisenbahn),

| — | Switzerland, with the main country code 85 and the specific code 63 for BLS (Bern–Lötschberg–Simplon Eisenbahn), |
| --- | --- |

—

Switzerland, with the main country code 85 and the specific code 63 for BLS (Bern–Lötschberg–Simplon Eisenbahn),

| — | Italy, with the main country code 83 and the specific code 64 for FNME (Ferrovie Nord Milano Esercizio), |
| --- | --- |

—

Italy, with the main country code 83 and the specific code 64 for FNME (Ferrovie Nord Milano Esercizio),

| — | Hungary, with the main country code 55 and the specific code 43 for GySEV/ROeEE (Győr-Sopron-Ebenfurti Vasút Részvénytársaság/Raab-Ödenburg-Ebenfurter Eisenbahn). |
| --- | --- |

—

Hungary, with the main country code 55 and the specific code 43 for GySEV/ROeEE (Győr-Sopron-Ebenfurti Vasút Részvénytársaság/Raab-Ödenburg-Ebenfurter Eisenbahn).

These vehicles should keep their current number. The 12-digit number should be registered as such without any modification (7).

The IT system has to consider both codes (main country code and specific code) as relating to the same country.

(b)   Vehicles without a 12-digit number

A two-step procedure applies.

| — | A 12-digit number (according to OPE TSI) defined in accordance with the vehicle’s characteristics is allocated in the NVR. The IT system should link this registered number to the current vehicle number. |
| --- | --- |

—

A 12-digit number (according to OPE TSI) defined in accordance with the vehicle’s characteristics is allocated in the NVR. The IT system should link this registered number to the current vehicle number.

| — | For vehicles used in international traffic, except those reserved for historical use: the 12-digit number is physically applied to the vehicle itself within a period of 6 years after allocation in the NVR. For vehicles used in domestic traffic and for those reserved for historical use: the physical application of the 12-digit number is voluntary. |
| --- | --- |

—

For vehicles used in international traffic, except those reserved for historical use: the 12-digit number is physically applied to the vehicle itself within a period of 6 years after allocation in the NVR. For vehicles used in domestic traffic and for those reserved for historical use: the physical application of the 12-digit number is voluntary.

4.1.2.   Item No 2 — Member State and NSA (Compulsory)

The item “Member State” must always refer to the Member State where the vehicle is registered in its NVR. For vehicles from third countries, this item refers to the first Member State that authorised the vehicle to be placed in service on the European Union rail network. The item “NSA” refers to the entity that delivered the authorisation for placing the vehicle in service.

4.1.3.   Item No 3 — Manufacturing Year

Where the manufacturing year is not known precisely, the approximate year should be entered.

4.1.4.   Item No 4 — EC Reference

Normally such a reference does not exist for existing vehicles except for a handful of HS RS. To be recorded only if available.

4.1.5.   Item No 5 — Reference to the ERATV

To be recorded only if available.

Until ERATV is set up, reference may be made to the Rolling Stock Register (Article 22a of Council Directive 96/48/EC (8) and Article 24 of Directive 2001/16/EC of the European Parliament and of the Council (9)).

4.1.6.   Item No 6 — Restrictions

To be recorded only if available.

4.1.7.   Item No 7 — Owner (Compulsory)

Compulsory and normally available.

4.1.8.   Item No 8 — Keeper (Compulsory)

Compulsory and normally available. The VKM (unique code as indicated in the VKM register) must be entered if the keeper has it.

4.1.9.   Item No 9 — Entity in charge of maintenance (Compulsory)

This item is compulsory.

4.1.10.   Item No 10 — Withdrawal

Applicable as appropriate.

4.1.11.   Item No 11 — Member States where the vehicle is authorised

Normally, RIV wagons, RIC coaches and vehicles under bilateral or multilateral agreements are registered as such. If this information is available it should be recorded accordingly.

4.1.12.   Item No 12 — Authorisation number

To be recorded only if available

4.1.13.   Item No 13 — Placing in service (Compulsory)

Where the date of placing into service is not known precisely, the approximate year should be entered.

4.2.   Procedure

The entity previously responsible for vehicle registration is to make all information available to the NSA or RE of the country where it is located.

Existing freight wagons and passenger cars are to be registered only in the NVR of the Member State where the former registration entity was located.

If an existing vehicle had been authorised in several Member States, the RE that registers this vehicle sends the relevant data to the REs of the other Member States concerned.

The NSA or RE includes the information in its NVR.

The NSA or RE informs all the parties involved when the information transfer is completed. At least the following entities are to be informed:

| — | the entity previously responsible for vehicle registration, |
| --- | --- |

—

the entity previously responsible for vehicle registration,

| — | the keeper, |
| --- | --- |

—

the keeper,

| — | ERA. |
| --- | --- |

—

ERA.

‘Appendix 1

RESTRICTION CODING

1.   PRINCIPLES

Restrictions (technical characteristics) already recorded in other registers to which NSAs have access do not need to be repeated in the NVR.

Acceptance in cross-border traffic is based on:

| — | the information coded in the vehicle number, |
| --- | --- |

—

the information coded in the vehicle number,

| — | the alphabetical coding, and |
| --- | --- |

—

the alphabetical coding, and

| — | the vehicle marking. |
| --- | --- |

—

the vehicle marking.

Therefore, such information does not need to be repeated in the NVR.

2.   STRUCTURE

The codes are structured in three levels:

| — | 1st level: Category of restriction, |
| --- | --- |

—

1st level: Category of restriction,

| — | 2nd level: Type of restriction, |
| --- | --- |

—

2nd level: Type of restriction,

| — | 3rd level: Value or specification. |
| --- | --- |

—

3rd level: Value or specification.

Restriction Coding

| Cat | Type | Value | Name |
| --- | --- | --- | --- |
| 1 | | | Technical restriction related to construction |
| | 1 | Numeric (3) | Minimum curve radius in metres |
| | 2 | — | Track circuit restrictions |
| | 3 | Numeric (3) | Speed restrictions in km/h (marked on wagons and coaches but not marked on locomotives) |
| 2 | | | Geographical restriction |
| | 1 | Alphanumeric (3) | Kinematic gauge (coding WAG TSI Annex C) |
| | 2 | Coded list | Wheel set gauge |
| | | 1 | Variable gauge 1435/1520 |
| | | 2 | Variable gauge 1435/1668 |
| | 3 | — | No CCS on board |
| | 4 | — | ERTMS A on board |
| | 5 | Numeric (3) | B system on board (*1) |
| 3 | | | Environmental restrictions |
| | 1 | Coded list | Climatic zone EN50125/1999 |
| | | 1 | T1 |
| | | 2 | T2 |
| | | 3 | T3 |
| 4 | | | Restrictions on use included in the authorisation certificate |
| | 1 | — | Time-based |
| | 2 | — | Condition-based (distance travelled, wear, etc.) |

Cat

Type

Value

Name

1

Technical restriction related to construction

1

Numeric (3)

Minimum curve radius in metres

2

—

Track circuit restrictions

3

Numeric (3)

Speed restrictions in km/h (marked on wagons and coaches but not marked on locomotives)

2

Geographical restriction

1

Alphanumeric (3)

Kinematic gauge (coding WAG TSI Annex C)

2

Coded list

Wheel set gauge

1

Variable gauge 1435/1520

2

Variable gauge 1435/1668

3

—

No CCS on board

4

—

ERTMS A on board

5

Numeric (3)

B system on board (*1)

3

Environmental restrictions

1

Coded list

Climatic zone EN50125/1999

1

T1

2

T2

3

T3

4

Restrictions on use included in the authorisation certificate

1

—

Time-based

2

—

Condition-based (distance travelled, wear, etc.)

‘Appendix 2

STRUCTURE AND CONTENT OF THE EIN

Code for the harmonised numbering system, called European Identification Number (EIN), for Safety Certificates and other documents

Example:

| I | T | 5 | 1 | 2 | 0 | 0 | 6 | 0 | 0 | 0 | 5 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Country code
  (two letters) | Type of document
  (two digits) | Issue year
  (four digits) | Counter
  (four digits) |
| Field 1 | Field 2 | Field 3 | Field 4 |

I

T

5

1

2

0

0

6

0

0

0

5

Country code

(two letters)

Type of document

(two digits)

Issue year

(four digits)

Counter

(four digits)

Field 1

Field 2

Field 3

Field 4

FIELD 1 —   COUNTRY CODE (TWO LETTERS)

The codes are those officially published and updated on the website of the Publications Office of the European Union in the Interinstitutional style guide (http://publications.eu.int/code/en/en-5000600.htm)

| State | Code |
| --- | --- |
| Austria | AT |
| Belgium | BE |
| Bulgaria | BG |
| Cyprus | CY |
| Czech Republic | CZ |
| Denmark | DK |
| Estonia | EE |
| Finland | FI |
| France | FR |
| Germany | DE |
| Greece | EL |
| Hungary | HU |
| Iceland | IS |
| Ireland | IE |
| Italy | IT |
| Latvia | LV |
| Liechtenstein | LI |
| Lithuania | LT |
| Luxembourg | LU |
| Norway | NO |
| Malta | MT |
| Netherlands | NL |
| Poland | PL |
| Portugal | PT |
| Romania | RO |
| Slovakia | SK |
| Slovenia | SI |
| Spain | ES |
| Sweden | SE |
| Switzerland | CH |
| United Kingdom | UK |

State

Code

Austria

AT

Belgium

BE

Bulgaria

BG

Cyprus

CY

Czech Republic

CZ

Denmark

DK

Estonia

EE

Finland

FI

France

FR

Germany

DE

Greece

EL

Hungary

HU

Iceland

IS

Ireland

IE

Italy

IT

Latvia

LV

Liechtenstein

LI

Lithuania

LT

Luxembourg

LU

Norway

NO

Malta

MT

Netherlands

NL

Poland

PL

Portugal

PT

Romania

RO

Slovakia

SK

Slovenia

SI

Spain

ES

Sweden

SE

Switzerland

CH

United Kingdom

UK

The code for multinational safety authorities should be composed in the same way. Currently there is only one authority: the Channel Tunnel Safety Authority. The following code is to be used:

| Multinational safety authority | Code |
| --- | --- |
| Channel Tunnel Intergovernmental Commission | CT |

Multinational safety authority

Code

Channel Tunnel Intergovernmental Commission

CT

FIELD 2 —   TYPE OF DOCUMENT (TWO-DIGIT NUMBER)

Two digits allow the type of document to be identified:

| — | the first digit identifies the general classification of the document, |
| --- | --- |

—

the first digit identifies the general classification of the document,

| — | the second digit specifies the document subtype. |
| --- | --- |

—

the second digit specifies the document subtype.

This numbering system can be extended when other codes are needed. The following list is a proposed list of known, possible combinations of two-digit numbers plus combinations for authorisation of the placing in service of vehicles:

| Number combination for Field 2 | Document type | Document subtype |
| --- | --- | --- |
| [0 1] | Licences | Licences for RUs |
| [0 x] | Licences | Others |
| [1 1] | Safety Certificate | Part A |
| [1 2] | Safety Certificate | Part B |
| [1 x] | Reserved | Reserved |
| [2 1] | Safety Authorisation | |
| [2 2] | Reserved | Reserved |
| [2 x] | Reserved | Reserved |
| [3 x] | Reserved, e.g. maintenance for rolling stock, for infrastructure or other | |
| [4 x] | Reserved for Notified Bodies | E.g. different kinds of Notified Bodies |
| [5 1] and [5 5] (*2) | Authorisation for placing in service | Tractive vehicles |
| [5 2] and [5 6] (*2) | Authorisation for placing in service | Hauled passenger vehicles |
| [5 3] and [5 7] (*2) | Authorisation for placing in service | Wagons |
| [5 4] and [5 8] (*2) | Authorisation for placing in service | Special vehicles |
| [5 9] (*3) | Authorisation of type of vehicle | |
| [6 0] | Authorisation for placing in service | Infrastructure, Energy and Control Command Signalling track-side assembly Subsystems |
| [6 1] | Authorisation for placing in service | Infrastructure Subsystem |
| [6 2] | Authorisation for placing in service | Energy Subsystem |
| [6 3] | Authorisation for placing in service | Control Command Signalling track-side assembly Subsystem |
| [7 1] | Train driving licence | Counter up to and including 9 999 |
| [7 2] | Train driving licence | Counter between 10 000 up to and including 19 000 |
| [7 3] | Train driving licence | Counter between 20 000 up to and including 29 000 |
| [8 x] ... [9 x] | Reserved (two document types) | Reserved (10 subtypes each] |

Number combination for Field 2

Document type

Document subtype

[0 1]

Licences

Licences for RUs

[0 x]

Licences

Others

[1 1]

Safety Certificate

Part A

[1 2]

Safety Certificate

Part B

[1 x]

Reserved

Reserved

[2 1]

Safety Authorisation

[2 2]

Reserved

Reserved

[2 x]

Reserved

Reserved

[3 x]

Reserved, e.g. maintenance for rolling stock, for infrastructure or other

[4 x]

Reserved for Notified Bodies

E.g. different kinds of Notified Bodies

[5 1] and [5 5] (*2)

Authorisation for placing in service

Tractive vehicles

[5 2] and [5 6] (*2)

Authorisation for placing in service

Hauled passenger vehicles

[5 3] and [5 7] (*2)

Authorisation for placing in service

Wagons

[5 4] and [5 8] (*2)

Authorisation for placing in service

Special vehicles

[5 9] (*3)

Authorisation of type of vehicle

[6 0]

Authorisation for placing in service

Infrastructure, Energy and Control Command Signalling track-side assembly Subsystems

[6 1]

Authorisation for placing in service

Infrastructure Subsystem

[6 2]

Authorisation for placing in service

Energy Subsystem

[6 3]

Authorisation for placing in service

Control Command Signalling track-side assembly Subsystem

[7 1]

Train driving licence

Counter up to and including 9 999

[7 2]

Train driving licence

Counter between 10 000 up to and including 19 000

[7 3]

Train driving licence

Counter between 20 000 up to and including 29 000

[8 x] ... [9 x]

Reserved (two document types)

Reserved (10 subtypes each]

FIELD 3 —   ISSUE YEAR (FOUR-DIGIT NUMBER)

This Field indicates the year (in the specified format yyyy, i.e. four digits) in which the authorisation was issued.

FIELD 4 —   COUNTER

The counter is a progressive number incremented by one unit each time a document is issued, regardless if it is a new, renewed or updated/amended authorisation. Even where a certificate is revoked or an authorisation is suspended, its number cannot be used again.

Every year the counter restarts from zero.

‘Appendix 3

WITHDRAWAL CODING

| Code | Withdrawal mode | Description |
| --- | --- | --- |
| 00 | None | The vehicle has a valid registration. |
| 10 | Registration suspended
  No reason specified | The vehicle’s registration is suspended at the request of the owner or keeper or by a decision of the NSA or RE. |
| 11 | Registration suspended | The vehicle is destined for storage in working order as an inactive or strategic reserve. |
| 20 | Registration transferred | The vehicle is known to be reregistered under a different number or by a different NVR, for continued use on (all or part of) the European railway network. |
| 30 | Withdrawal
  No reason specified | The vehicle’s registration for operating on the European railway network has ended without known reregistration. |
| 31 | Withdrawal | The vehicle is destined for continued use as a rail vehicle outside the European railway network. |
| 32 | Withdrawal | The vehicle is destined for the recovery of major interoperable constituents/modules/spares or major rebuilding. |
| 33 | Withdrawal | The vehicle is destined for scrapping and disposal of materials (including major spares) for recycling. |
| 34 | Withdrawal | The vehicle is destined to be “historic preserved rolling stock” for operation on a segregated network, or for static display, outside the European railway network. |

Code

Withdrawal mode

Description

00

None

The vehicle has a valid registration.

10

Registration suspended

No reason specified

The vehicle’s registration is suspended at the request of the owner or keeper or by a decision of the NSA or RE.

11

Registration suspended

The vehicle is destined for storage in working order as an inactive or strategic reserve.

20

Registration transferred

The vehicle is known to be reregistered under a different number or by a different NVR, for continued use on (all or part of) the European railway network.

30

Withdrawal

No reason specified

The vehicle’s registration for operating on the European railway network has ended without known reregistration.

31

Withdrawal

The vehicle is destined for continued use as a rail vehicle outside the European railway network.

32

Withdrawal

The vehicle is destined for the recovery of major interoperable constituents/modules/spares or major rebuilding.

33

Withdrawal

The vehicle is destined for scrapping and disposal of materials (including major spares) for recycling.

34

Withdrawal

The vehicle is destined to be “historic preserved rolling stock” for operation on a segregated network, or for static display, outside the European railway network.

Use of codes

| — | If the reason for withdrawal is not specified, codes 10, 20 and 30 are to be used to indicate the change of registration status. |
| --- | --- |

—

If the reason for withdrawal is not specified, codes 10, 20 and 30 are to be used to indicate the change of registration status.

| — | If the reason for withdrawal is available, codes 11, 31, 32, 33 and 34 are options available within the NVR database. These codes are based solely on information provided by the keeper or owner to the RE. |
| --- | --- |

—

If the reason for withdrawal is available, codes 11, 31, 32, 33 and 34 are options available within the NVR database. These codes are based solely on information provided by the keeper or owner to the RE.

Registration issues

| — | A vehicle that has its registration suspended or withdrawn may not operate on the European railway network under the recorded registration. |
| --- | --- |

—

A vehicle that has its registration suspended or withdrawn may not operate on the European railway network under the recorded registration.

| — | A reactivation of a registration after suspension will require the verification by the registration entity of the conditions which caused the suspension. |
| --- | --- |

—

A reactivation of a registration after suspension will require the verification by the registration entity of the conditions which caused the suspension.

| — | A transfer of registration under the conditions set out in Article 1b of Commission Decision 2006/920/EC (10) and Article 1b of Commission Decision 2008/231/EC (11), as amended by Decision 2010/640/EU (12), consists of a new registration of the vehicle and subsequent withdrawal of the old registration. |
| --- | --- |

—

A transfer of registration under the conditions set out in Article 1b of Commission Decision 2006/920/EC (10) and Article 1b of Commission Decision 2008/231/EC (11), as amended by Decision 2010/640/EU (12), consists of a new registration of the vehicle and subsequent withdrawal of the old registration.

‘Appendix 4

STANDARD FORM FOR REGISTRATION

Image 2

Standard form for registration of authorised vehicles (1)

in conformity with Directive 2008/57/EC and applicable national legislation

Application for:

New registration

Modification (2)

Withdrawal

INFORMATION ABOUT THE VEHICLE

1. Number

1.1. European Vehicle Number (3) _ _ _ _ _ _ _ _ _ _ _ _ - _

1.2. Number previously assigned to the vehicle (4)

2. Member State where registration is sought and NSA that authorised the vehicle

2.1. Member State: _ _

2.2. Name of NSA: ...

3. Manufacturing year: _ _ _ _

4. EC reference

4.1. Date of declaration: _ _ _ _ _ _ _ _

4.2. EC reference: ...

4.3. Name of issuing body: ...

4.4. Registered business number: ...

Address of organisation

4.5. Street and number: ...

4.6. Town: ...

4.7. Country code:...

4.8. Post code:...

5. Reference to the European register of authorised types of vehicles:

5bis. Series

(1) This form may also be produced electronically.

(2) The box before each modified item also has to be ticked.

(3) Not applicable for first registration.

(4) Not applicable for first registration.

Image 3

6. Restrictions

6.1. Restrictions (code): _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _ ... _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _, _ _ _

6.2. Restrictions (text): ...

INFORMATION ABOUT THE ENTITIES RESPONSIBLE FOR THE VEHICLE

7. Owner

7.1. Name of organisation: ...

7.2. Registered business number: ...

Address of organisation

7.3. Street and number: ...

7.4. Town: ...

7.5. Country code: ...

7.6. Post code: ...

8. Keeper

8.1. Name of organisation: ...

8.2. Registered business number: ...

Address of organisation

8.3. Street and number: ...

8.4. Town: ...

8.5. Country code: ...

8.6. Post code: ...

8.7. Vehicle Keeper Marking (VKM): ...

OPERATIONAL INFORMATION

9. Entity in charge of maintenance

9.1. Name of organisation: ...

9.2. Registred buisness number: ...

Address of organisation

9.3. Street and number:...

9.4. Town: ...

9.5. Country code:...

9.6. Post code: ...

9.7. E-mail address: ...

10. Withdrawal

10.1. Mode (code): _ _ _

10.2. Date: _ _ _ _ _ _ _ _

11. Member States where the vehicle is already authorised

Image 4

Identification of the entity applying for registration: ...

Date: _ _ _ _ _ _ _ _

Name and signature of responsible officer: ...

SAFETY AUTHORITY REFERENCES

1.1. Allocated European Vehicle Number (1) _ _ _ _ _ _ _ _ _ _ _ _ - _

12. Authorisation number _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

13. Placing in service

13.1. Date of authorisation: _ _ _ _ _ _ _ _

13.2. Authorisation valid until: _ _ _ _ _ _ _ _

Date application received: _ _ _ _ _ _ _ _

Date of withdrawal: _ _ _ _ _ _ _ _

(1) It is possible to attach a list for several vehicles of the same series or order.

‘Appendix 5

GLOSSARY

| Abbreviation | Definition |
| --- | --- |
| CCS | Control Command System |
| CIS | Commonwealth of Independent States |
| COTIF | Convention concerning International Carriage by Rail |
| CR | Conventional Rail (System) |
| DB | Database |
| EC | European Commission |
| EC VVR | European Centralised Virtual Vehicle Register |
| EIN | European Identification Number |
| EN | European Standard (Euro Norm) |
| EVN | European Vehicle Number |
| ERA | European Railway Agency, also referred to as “the Agency” |
| ERATV | European Register of Authorised Types of Vehicles |
| ERTMS | European Rail Traffic Management System |
| EU | European Union |
| HS | High Speed (System) |
| IB | Investigating Body |
| ISO | International Organisation for Standardisation |
| IM | Infrastructure Manager |
| INF | Infrastructure |
| IT | Information Technology |
| LR | Local Register |
| NoBo | Notified Body |
| NSA | National Safety Authority |
| NVR | National Vehicle Register |
| OPE (TSI) | Operation and Traffic management (TSI) |
| OTIF | Intergovernmental Organisation for International Carriage by Rail |
| RE | Registration Entity, i.e. the body responsible for keeping and updating the NVR |
| RB | Regulatory Body |
| RIC | Regulations governing the reciprocal use of carriages and brake vans in international traffic |
| RIV | Regulations concerning the reciprocal use of wagons in international traffic |
| RS or RST | Rolling Stock |
| RSRD (TAF) | Rolling Stock Reference Database (TAF) |
| RU | Railway Undertaking |
| SEDP (TAF) | Strategic European Deployment Plan (TAF) |
| TAF (TSI) | Telematic Applications for Freight (TSI) |
| TSI | Technical Specification for Interoperability |
| VKM | Vehicle Keeper Marking |
| VKMR | Vehicle Keeper Marking Register |
| VVR | Virtual Vehicle Register |
| WAG (TSI) | Wagon (TSI) |
| WIMO (TAF) | Wagon and Intermodal Operational Database (TAF) |

Abbreviation

Definition

CCS

Control Command System

CIS

Commonwealth of Independent States

COTIF

Convention concerning International Carriage by Rail

CR

Conventional Rail (System)

DB

Database

EC

European Commission

EC VVR

European Centralised Virtual Vehicle Register

EIN

European Identification Number

EN

European Standard (Euro Norm)

EVN

European Vehicle Number

ERA

European Railway Agency, also referred to as “the Agency”

ERATV

European Register of Authorised Types of Vehicles

ERTMS

European Rail Traffic Management System

EU

European Union

HS

High Speed (System)

IB

Investigating Body

ISO

International Organisation for Standardisation

IM

Infrastructure Manager

INF

Infrastructure

IT

Information Technology

LR

Local Register

NoBo

Notified Body

NSA

National Safety Authority

NVR

National Vehicle Register

OPE (TSI)

Operation and Traffic management (TSI)

OTIF

Intergovernmental Organisation for International Carriage by Rail

RE

Registration Entity, i.e. the body responsible for keeping and updating the NVR

RB

Regulatory Body

RIC

Regulations governing the reciprocal use of carriages and brake vans in international traffic

RIV

Regulations concerning the reciprocal use of wagons in international traffic

RS or RST

Rolling Stock

RSRD (TAF)

Rolling Stock Reference Database (TAF)

RU

Railway Undertaking

SEDP (TAF)

Strategic European Deployment Plan (TAF)

TAF (TSI)

Telematic Applications for Freight (TSI)

TSI

Technical Specification for Interoperability

VKM

Vehicle Keeper Marking

VKMR

Vehicle Keeper Marking Register

VVR

Virtual Vehicle Register

WAG (TSI)

Wagon (TSI)

WIMO (TAF)

Wagon and Intermodal Operational Database (TAF)

---

(1)  Under Commission Decisions 2006/920/EC and 2008/231/EC, as amended by Decision 2009/107/EC, the same numbering system is used for both high-speed and conventional vehicles.

1

(2)  For vehicle types authorised in accordance with Article 26 of Directive 2008/57/EC.

2

(3)  The register provided for in Article 34 of Directive 2008/57/EC.

3

(4)  Authorisation delivered in accordance with Chapter V of Directive 2008/57/EC or authorisation delivered in accordance with the authorisation regimes existing before transposition of Directive 2008/57/EC.

4

(5)  The Registration Entity (“RE”) is the entity designated by each Member State, in accordance with Article 33(1)(b) of Directive 2008/57/EC, for keeping and updating the NVR.

5

(6)  As provided for in the Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on matters specific to railway rolling stock, signed in Luxembourg on 23 February 2007.

6

(7)  However, any new vehicles placed in service for AAE, BLS, FNME and GySEV/ROeEE are to be given the standard country code.

7

(8)  
  OJ L 235, 17.9.1996, p. 6.

8

(9)  
  OJ L 110, 20.4.2001, p. 1.

9

(*1)  If the vehicle is equipped with more than one B system, an individual code for each system must be indicated.

*1

The numeric code is composed of three characters where:

| — | 1xx is used for a vehicle equipped with a signalling system, |
| --- | --- |

—

1xx is used for a vehicle equipped with a signalling system,

| — | 2xx is used for a vehicle equipped with radio. |
| --- | --- |

—

2xx is used for a vehicle equipped with radio.

Xx corresponds to the numerical coding in Annex B to the CCS TSI.

(*2)  If the four digits reserved for Field 4 “Counter” are fully used within a year, the first two digits of Field 2 will change respectively from:

*2

| — | [5 1] to [5 5] for tractive vehicles, |
| --- | --- |

—

[5 1] to [5 5] for tractive vehicles,

| — | [5 2] to [5 6] for hauled passenger vehicles, |
| --- | --- |

—

[5 2] to [5 6] for hauled passenger vehicles,

| — | [5 3] to [5 7] for wagons, |
| --- | --- |

—

[5 3] to [5 7] for wagons,

| — | [5 4] to [5 8] for special vehicles. |
| --- | --- |

—

[5 4] to [5 8] for special vehicles.

(*3)  The digits allocated in Field 4 are:

*3

| — | from 1 000 to 1 999 for traction vehicles, |
| --- | --- |

—

from 1 000 to 1 999 for traction vehicles,

| — | from 2 000 to 2 999 for hauled passenger vehicles, |
| --- | --- |

—

from 2 000 to 2 999 for hauled passenger vehicles,

| — | from 3 000 to 3 999 for wagons, |
| --- | --- |

—

from 3 000 to 3 999 for wagons,

| — | from 4 000 to 4 999 for special vehicles. |
| --- | --- |

—

from 4 000 to 4 999 for special vehicles.

(10)  
  OJ L 359, 18.12.2006, p. 1.

10

(11)  
  OJ L 84, 26.3.2008, p. 1.

11

(12)  
  OJ L 280, 26.10.2010, p. 29.

12

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