# Official Journal C 261/23 O

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 261 |
| | |
| English edition | Information and Notices | Volume 4723 October 2004 |

ISSN 1725-2423

Official Journal

of the European Union

C 261

English edition

Information and Notices

Volume 4723 October 2004

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2004/C 261/1 | Euro exchange rates | 1 |
| 2004/C 261/2 | Notice of the impending expiry of certain anti-dumping measures | 2 |
| 2004/C 261/3 | Notice of initiation of an examination procedure concerning obstacles to trade within the meaning of Council Regulation (EC) No 3286/94, consisting of measures imposed and practices followed by the Eastern Republic of Uruguay affecting trade in Scotch whisky | 3 |
| 2004/C 261/4 | Prior notification of a concentration (Case COMP/M.3572 — CEMEX/RMC) (
  1
  ) | 6 |
| 2004/C 261/5 | Prior notification of a concentration (Case COMP/M.3602 — JABIL/PHILIPS CONSUMER ELECTRONICS POLAND) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2004/C 261/6 | Notice of initiation of an anti-dumping proceeding concerning imports of farmed salmon originating in Norway | 8 |

Notice No

Contents

page

I   Information

Commission

2004/C 261/1

Euro exchange rates

1

2004/C 261/2

Notice of the impending expiry of certain anti-dumping measures

2

2004/C 261/3

Notice of initiation of an examination procedure concerning obstacles to trade within the meaning of Council Regulation (EC) No 3286/94, consisting of measures imposed and practices followed by the Eastern Republic of Uruguay affecting trade in Scotch whisky

3

2004/C 261/4

Prior notification of a concentration (Case COMP/M.3572 — CEMEX/RMC) (
  1
  )

1

6

2004/C 261/5

Prior notification of a concentration (Case COMP/M.3602 — JABIL/PHILIPS CONSUMER ELECTRONICS POLAND) — Candidate case for simplified procedure (
  1
  )

1

7

2004/C 261/6

Notice of initiation of an anti-dumping proceeding concerning imports of farmed salmon originating in Norway

8

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

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Information

Commission

| 23.10.2004 | EN | Official Journal of the European Union | C 261/1 |
| --- | --- | --- | --- |

23.10.2004

EN

Official Journal of the European Union

C 261/1

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Euro exchange rates (1)

22 October 2004

(2004/C 261/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2606 |
| JPY | Japanese yen | 135,64 |
| DKK | Danish krone | 7,435 |
| GBP | Pound sterling | 0,691 |
| SEK | Swedish krona | 9,094 |
| CHF | Swiss franc | 1,5384 |
| ISK | Iceland króna | 87,16 |
| NOK | Norwegian krone | 8,2115 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,576 |
| CZK | Czech koruna | 31,581 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 246,92 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6713 |
| MTL | Maltese lira | 0,43 |
| PLN | Polish zloty | 4,2858 |
| ROL | Romanian leu | 41 099 |
| SIT | Slovenian tolar | 239,83 |
| SKK | Slovak koruna | 39,95 |
| TRL | Turkish lira | 1 866 577 |
| AUD | Australian dollar | 1,7106 |
| CAD | Canadian dollar | 1,5684 |
| HKD | Hong Kong dollar | 9,8158 |
| NZD | New Zealand dollar | 1,8229 |
| SGD | Singapore dollar | 2,103 |
| KRW | South Korean won | 1 437,84 |
| ZAR | South African rand | 7,8099 |

Currency

Exchange rate

USD

US dollar

1,2606

JPY

Japanese yen

135,64

DKK

Danish krone

7,435

GBP

Pound sterling

0,691

SEK

Swedish krona

9,094

CHF

Swiss franc

1,5384

ISK

Iceland króna

87,16

NOK

Norwegian krone

8,2115

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,576

CZK

Czech koruna

31,581

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

246,92

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6713

MTL

Maltese lira

0,43

PLN

Polish zloty

4,2858

ROL

Romanian leu

41 099

SIT

Slovenian tolar

239,83

SKK

Slovak koruna

39,95

TRL

Turkish lira

1 866 577

AUD

Australian dollar

1,7106

CAD

Canadian dollar

1,5684

HKD

Hong Kong dollar

9,8158

NZD

New Zealand dollar

1,8229

SGD

Singapore dollar

2,103

KRW

South Korean won

1 437,84

ZAR

South African rand

7,8099

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(1)

Source: reference exchange rate published by the ECB.

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| 23.10.2004 | EN | Official Journal of the European Union | C 261/2 |
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23.10.2004

EN

Official Journal of the European Union

C 261/2

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Notice of the impending expiry of certain anti-dumping measures

(2004/C 261/02)

| 1. | As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below. |
| --- | --- |

1.

As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Division B-1), J-79 5/16, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

| 4. | This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995.









  Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- | --- |
| Synthetic staple fibres of polyester | Australia
  Indonesia
  Thailand | Anti-dumping duty | Council Regulation (EC) No 1522/2000 (OJ L 175, 14.7.2000, p. 10) | 15.7.2005 |
| Bicycles | People's Republic of China | Anti-dumping duty | Council Regulation (EC) No 1524/2000 (OJ L 175, 14.7.2000, p. 39) — extended to bicycle parts by Regulation (EC) No 71/97 (L 16, 18.1.1997, p. 55) — as last amended by Commission Decision No 2002/134/EC (OJ L 47, 19.2.2002, p. 43) | 15.7.2005 |

4.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995.

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Synthetic staple fibres of polyester

Australia

Indonesia

Thailand

Anti-dumping duty

Council Regulation (EC) No 1522/2000 (OJ L 175, 14.7.2000, p. 10)

15.7.2005

Bicycles

People's Republic of China

Anti-dumping duty

Council Regulation (EC) No 1524/2000 (OJ L 175, 14.7.2000, p. 39) — extended to bicycle parts by Regulation (EC) No 71/97 (L 16, 18.1.1997, p. 55) — as last amended by Commission Decision No 2002/134/EC (OJ L 47, 19.2.2002, p. 43)

15.7.2005

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

(2)  Telex COMEU B 21877; fax : (32-2) 295 65 05.

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| 23.10.2004 | EN | Official Journal of the European Union | C 261/3 |
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23.10.2004

EN

Official Journal of the European Union

C 261/3

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Notice of initiation of an examination procedure concerning obstacles to trade within the meaning of Council Regulation (EC) No 3286/94, consisting of measures imposed and practices followed by the Eastern Republic of Uruguay affecting trade in Scotch whisky

(2004/C 261/03)

On 2 September 2004, the Commission received a complaint pursuant to Article 4 of Council Regulation (EC) No 3286/94 (1) (hereinafter ‘the Regulation’).

1.   THE COMPLAINANT

The complaint was lodged by the Scotch Whisky Association (SWA) on behalf of the its 54 member companies, all of whom are distillers, blenders, brand owners, brokers and exporters of Scotch whisky, comprising together over 95 % of Scotland's distilling and blending capacity.

The SWA is an association acting on behalf of one or more Community enterprises within the meaning of Articles 4(1) and 2(6) of the Regulation.

2.   THE PRODUCT

The complaint concerns Scotch whiskies produced from cereals in Scotland, in accordance with the provisions of Council Regulation (EC) No 1576/89, and classified within Chapter 22 of the harmonised Customs Nomenclature under HS subheading 2208 30.

However, the examination which the Commission is initiating may also cover other products, particularly those which interested parties making themselves known within the time limits mentioned below (see Section 8), can show are affected by the alleged practices.

3.   SUBJECT

The complaint concerns four separate aspects of Uruguay's tax arrangements concerning imported whiskies:

1.   Ageing requirement for whisky

According to the complaint, Uruguay's excise taxes on spirits (IMESI) are based on a system of price bands and fictional prices in order to determine the taxable base for each spirit drink. A flat tax rate is then applied in order to establish the final tax liability.

The price bands for whisky are set at levels designed to ensure that all domestic brands benefit from the lowest taxation. At the same time, Uruguay excludes from the lowest price band all whiskies aged more than three years. Since EU regulations require that whisky be matured for at least three years, Uruguay's ageing requirement has the effect of excluding EU whiskies from the lowest tax category.

2.   Prepayment of tax

According to the complaint, Uruguay requires that importers pre-pay the taxes on imports at a rate of 80 % of the customs value of the goods. A similar requirement does not apply to domestic producers. Although the pre-payment is offset against the final tax liability, it nevertheless impacts adversely on importers' cash flow and renders imported spirits less competitive vis-à-vis their domestic counterparts.

3.   Application of strip stamps

The complainant contends that there is also discrimination against imported products by virtue of the requirement for strip stamps to be affixed to them on arrival in the market, whereas strip stamps are not imposed on domestic products.

4.   Lack of transparency

Finally, the complaint addresses the alleged lack of transparency and predictability of the IMESI system, due to the frequent changes in the price band thresholds and the fictional prices, and to the absence of any methodology or criteria to set those values.

4.   ALLEGATIONS OF OBSTACLES TO TRADE

The SWA considers that the practices described in Section 3 constitute obstacles to trade within the meaning of Article 2(1) of the Regulation.

(a)   Ageing requirement for whisky

The SWA contends that Uruguay's ageing requirement accords treatment to imported Scotch whiskies that is clearly less favourable than that accorded to ‘like’ products of national origin, in breach of GATT, Articles III.2 and III.4.

According to the SWA, the three-year ageing requirement has the effect of excluding from the lowest price band imported whiskies that would otherwise be included in such lowest band. Only imported whiskies are affected by such requirement, as Uruguay's standards for spirits require only two years of ageing for whisky. Moreover, the SWA claims that price bands for whisky are set at levels designed to ensure that all domestic brands benefit from the lowest taxation.

(b)   Pre-payment of tax

The SWA claims that, in so far as Uruguay's pre-payment requirements for imported spirits constitute a restriction on the importation of spirit drinks from other WTO Members, they are in contravention of GATT, Article XI.1. Moreover, by applying internal taxation to imported products so as to provide protection for domestic production, the measures at issue are in breach of GATT Article III.2.

(c)   Strip stamps

The SWA contends that Uruguay's strip stamp arrangements for imported spirits constitute a restriction on the importation of goods in contravention of GATT Article XI.1. In the alternative, the measures are in breach of GATT Article III.4 in so far as they accord to imported spirits treatment that is clearly less favourable than that accorded to ‘like’ products of national origin.

(d)   Lack of transparency

The SWA claims that Uruguay's IMESI tax arrangements are in breach of GATT Article X.3(a) in so far as they are not administered in a uniform, impartial and reasonable manner, due to an alleged lack of transparency and predictability.

In the light of the factual information available and the evidence submitted, the Commission is satisfied that the complaint contains sufficient prima facie evidence of the existence of obstacles to trade within the meaning of Article 2(1) of the Regulation.

5.   ALLEGATION OF ADVERSE TRADE EFFECTS

In 2002 SWA members exported Scotch whisky with a value of some EUR 20 million to Uruguay, making it the industry's fourth most important market in Latin America. Within the imported whiskies category, Scotch whisky represents some 90 % of the total sales of imported whisky in Uruguay.

The complainant claims that the practices subject to the complaint have contributed to a considerable fall in consumption of Scotch whisky in Uruguay. By the end of 2003, Scotch whisky's share of the overall whisky market had fallen from a little over 40 % (at the end of 2002) to just under 35 % as consumers traded down to lower-priced and lower-taxed domestic products in a context of economic difficulties. According to the complainant, with price a significant factor in consumers' purchasing decisions, the discrimination against Scotch whiskies in the ‘value for money’ segment has had a particularly negative effect.

The complainant has submitted estimates of the likely effect on the shelf prices of a selection of lower-cost Scotch whiskies if the current ageing requirement were to be eliminated. The shelf prices of a number of popular brands would fall by some 15 %, thereby enhancing their competitiveness vis-à-vis many domestic brands. Moreover, there are several other brands of Scotch whisky which could also benefit from inclusion in the lowest price band. At present, there is no incentive to trim margins because all Scotch whiskies are automatically excluded from the lowest price band irrespective of their price at the point of first sale. Moreover, the alleged discriminatory application of the pre-payment and the strip stamps requirements also affects the retail price of imported whiskies, thereby adversely affecting their competitive position in the market place.

Finally, the complainant refers more generally to the market performance of imported spirits in Uruguay, where also the other types of internationally traded spirit drinks, such as brandy, gin, rum and vodka, have made little impact in the market, especially if compared with the market penetration achieved in neighbouring markets.

The Commission considers that the complaint contains sufficient prima facie evidence of adverse trade effects, within the meaning of Article 2(4) of the TBR.

6.   COMMUNITY INTEREST

The Scotch whisky industry exports each year goods valued in excess of EUR 3,5 billion to some 200 world markets. Over 10 000 people are directly employed in the production of Scotch whisky, while a further 50 000 jobs across the United Kingdom are dependent in part on the industry.

The Commission considers it essential to ensure a level playing field in third-country markets for our export industries, particularly with regard to internal taxes. Tariff protection should not be replaced with other protectionist barriers in breach of international commitments. This is especially important in the case of alcoholic beverages, as they typically bear a high tax burden through the combination of excise duties and value added taxes.

In view of the above, it is considered to be in the Community's interest to initiate an examination procedure

7.   PROCEDURE

Having decided, after due consultation of the Advisory Committee established by the Regulation, that there is sufficient evidence to justify initiating an examination procedure for the purpose of considering the legal and factual issues involved, and that this is in the interest of the Community, the Commission has commenced an examination in accordance with Article 8 of the Regulation.

Interested parties may make themselves known and make known their views in writing on specific issues raised by the complaint, providing supporting evidence.

Furthermore, the Commission will hear the parties who so request in writing when they make themselves known, provided that they are primarily concerned by the result of the procedure.

This notice is published in accordance with Article 8(1)(a) of the Regulation.

8.   TIME LIMIT

Any information relating to the matter and any request for a hearing should reach the Commission not later than 30 days following the date of publication of this notice and should be sent in writing to:

| European Commission |
| --- |
| Directorate-General for Trade |
| Mr Ignacio Garcia Bercero, DG Trade F.2 |
| CHAR 9/74 |
| B-1049 Brussels |
| Fax (32-2) 299 32 64 |

European Commission

Directorate-General for Trade

Mr Ignacio Garcia Bercero, DG Trade F.2

CHAR 9/74

B-1049 Brussels

Fax (32-2) 299 32 64

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(1)  Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (WTO) (OJ L 349, 31.12.1994, p. 71). Regulation as last amended by Regulation (EC) No 356/95 (OJ L 41, 23.2.1995, p. 3).

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| 23.10.2004 | EN | Official Journal of the European Union | C 261/6 |
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23.10.2004

EN

Official Journal of the European Union

C 261/6

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Prior notification of a concentration

(Case COMP/M.3572 — CEMEX/RMC)

(2004/C 261/04)

(Text with EEA relevance)

| 1. | On 18 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cemex S.A. de C.V. (‘Cemex’, Mexico) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of RMC Group p.l.c. (‘RMC’, the United Kingdom) by way of a court procedure under English company law. |
| --- | --- |

1.

On 18 October 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Cemex S.A. de C.V. (‘Cemex’, Mexico) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of RMC Group p.l.c. (‘RMC’, the United Kingdom) by way of a court procedure under English company law.

| 2. | The business activities of the undertakings concerned are:






  — | for Cemex: active in the production and marketing of cement, ready-mixed concrete, aggregates and other related products world-wide, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Cemex: active in the production and marketing of cement, ready-mixed concrete, aggregates and other related products world-wide,

| — | for RMC: supplier of construction materials; active mainly in the manufacture of cement, aggregates and ready-mixed concrete world-wide. |
| --- | --- |

—

for RMC: supplier of construction materials; active mainly in the manufacture of cement, aggregates and ready-mixed concrete world-wide.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3572 — CEMEX/RMC, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3572 — CEMEX/RMC, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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| 23.10.2004 | EN | Official Journal of the European Union | C 261/7 |
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23.10.2004

EN

Official Journal of the European Union

C 261/7

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Prior notification of a concentration

(Case COMP/M.3602 — JABIL/PHILIPS CONSUMER ELECTRONICS POLAND)

Candidate case for simplified procedure

(2004/C 261/05)

(Text with EEA relevance)

| 1. | On 14 Ocotber 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Jabil Circuit Netherlands B V (‘Jabil’) controlled by Jabil Circuit Inc (USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Philips Consumer Electronics Industries Poland Sp.zoo (‘PCEP’) by way of purchase of shares. |
| --- | --- |

1.

On 14 Ocotber 2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Jabil Circuit Netherlands B V (‘Jabil’) controlled by Jabil Circuit Inc (USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of Philips Consumer Electronics Industries Poland Sp.zoo (‘PCEP’) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | Jabil: provision of electronic manufacturing services to electronics companies, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Jabil: provision of electronic manufacturing services to electronics companies,

| — | PCEP: assembly of colour televisions. |
| --- | --- |

—

PCEP: assembly of colour televisions.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3602 — Jabil/Philips Consumer Electronics Poland, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (fax No +32/2/2964301 or 2967244) or by post, under reference number COMP/M.3602 — Jabil/Philips Consumer Electronics Poland, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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| 23.10.2004 | EN | Official Journal of the European Union | C 261/8 |
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23.10.2004

EN

Official Journal of the European Union

C 261/8

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Notice of initiation of an anti-dumping proceeding concerning imports of farmed salmon originating in Norway

(2004/C 261/06)

The Commission has received a complaint pursuant to Article 5 of Council Regulation (EC) No 384/96 (1) (the basic Regulation), alleging that imports of farmed salmon, originating in Norway (the country concerned), are being dumped and are thereby causing material injury to the Community industry.

1.   Complaint

The complaint was lodged on 8 September 2004 by the EU Salmon Producers Group (the complainant) on behalf of producers representing a major proportion of the Community production of farmed salmon.

2.   Product

The product allegedly being dumped is farmed (other than wild) salmon, whether or not filleted, fresh, chilled or frozen originating in Norway (the product concerned), normally declared within CN codes ex 0302 12 00, ex 0303 11 00, ex 0303 19 00, ex 0303 22 00, ex 0304 10 13 and ex 0304 20 13. These CN codes are only given for information.

3.   Allegation of dumping

The allegation of dumping for Norway is based, in the absence of sufficient sales in the domestic market, on a comparison of a constructed normal value with the export prices of the product concerned to the Community.

On this basis, the dumping margin calculated is significant.

4.   Allegation of injury

The complainant has provided evidence that imports of the product concerned from Norway have increased overall in absolute terms and in terms of market share.

It is alleged that the volumes and the prices of the imported product concerned have, among other consequences, had a negative impact on the market share held and the level of prices charged by the Community industry, resulting in substantial adverse effects on the overall performance, in particular the financial situation of the Community industry.

5.   Procedure

Having determined, after consulting the Advisory Committee, that the complaint has been lodged by or on behalf of the Community industry and that there is sufficient evidence to justify the initiation of a proceeding, the Commission hereby initiates an investigation pursuant to Article 5 of the basic Regulation.

5.1.   Procedure for the determination of dumping and injury

The investigation will determine whether the product concerned originating in Norway is being dumped and whether this dumping has caused injury.

(a)   Sampling

In view of the apparent large number of parties involved in this proceeding, the Commission may decide to apply sampling in accordance with Article 17 of the basic Regulation.

(i)   Sampling for exporters/producers in Norway

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers, or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in paragraph 6(b)(i) and in the format indicated in paragraph 7 of this notice:

| — | name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

| — | the turnover in local currency and the volume in kg of the product concerned sold for export to the Community during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the turnover in local currency and the volume in kg of the product concerned sold for export to the Community during the period 1 October 2003 to 30 September 2004,

| — | the turnover in local currency and the sales volume in kg for the product concerned on the domestic market during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the turnover in local currency and the sales volume in kg for the product concerned on the domestic market during the period 1 October 2003 to 30 September 2004,

| — | whether the company intends to claim an individual margin (2) (individual margins can only be claimed by producers), |
| --- | --- |

—

whether the company intends to claim an individual margin (2) (individual margins can only be claimed by producers),

| — | the precise activities of the company with regard to the production of the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned,

| — | the names and the precise activities of all related companies (3) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (3) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample, |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample,

| — | an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response. |
| --- | --- |

—

an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) and in the formats indicated in paragraph 7 of this notice:

| — | name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

| — | the total turnover in euro of the company during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 October 2003 to 30 September 2004,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

| — | the precise activities of the company with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned,

| — | the volume in kg and value in euro of imports into and resales made in the Community market during the period 1 October 2003 to 30 September 2004 of the imported product concerned originating in Norway, |
| --- | --- |

—

the volume in kg and value in euro of imports into and resales made in the Community market during the period 1 October 2003 to 30 September 2004 of the imported product concerned originating in Norway,

| — | the names and the precise activities of all related companies (3) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (3) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample, |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample,

| — | an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response. |
| --- | --- |

—

an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Sampling for Community producers

In view of the large number of Community producers supporting the complaint, the Commission intends to investigate injury to the Community industry by applying sampling.

In order to enable the Commission to select a sample, all Community producers are hereby requested to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) of this notice:

| — | name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

| — | the total turnover in euro of the company during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the total turnover in euro of the company during the period 1 October 2003 to 30 September 2004,

| — | the precise activities of the company with regard to the production of the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned,

| — | the value in euro of sales of the product concerned made in the Community market during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the value in euro of sales of the product concerned made in the Community market during the period 1 October 2003 to 30 September 2004,

| — | the volume in kilograms of sales of the product concerned made in the Community market during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the volume in kilograms of sales of the product concerned made in the Community market during the period 1 October 2003 to 30 September 2004,

| — | the volume in kilograms of the production of the product concerned during the period 1 October 2003 to 30 September 2004, |
| --- | --- |

—

the volume in kilograms of the production of the product concerned during the period 1 October 2003 to 30 September 2004,

| — | the names and the precise activities of all related companies (3) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (3) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample, |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample,

| — | an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response. |
| --- | --- |

—

an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

(iv)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in paragraph 6(b)(ii) of this notice.

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in paragraph 6(b)(iii) of this notice and must cooperate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned as explained in paragraph 8 of this notice.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the sampled Community industry and to any association of producers in the Community, to the sampled exporters/producers in Norway, to any association of exporters/producers, to the sampled importers, to any association of importers named in the complaint, and to the authorities of the exporting country concerned.

Exporters/producers in Norway claiming an individual margin, with a view to the application of Articles 17(3) and 9(6) of the basic Regulation, must submit a completed questionnaire within the time limit set in paragraph 6(a)(ii) of this notice. They therefore have to request a questionnaire within the time limit set in paragraph 6(a)(i) of this notice. However, such parties should be aware that if sampling is applied to exporters/producers, the Commission may nonetheless decide not to calculate an individual margin for them, if the number of exporters/producers is so large that individual examination would be unduly burdensome and would prevent the timely completion of the investigation.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(a)(iii) of this notice.

5.2.   Procedure for assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the allegations of dumping and injury caused thereby are substantiated, a decision will be reached as to whether the adoption of anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in paragraph 6(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the precedent sentence may request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 6(a)(iii) of this notice. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties should request a questionnaire as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

(ii)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limits specified in paragraph 6(b)(iii) of this notice.

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40 day time limit.

(b)   Specific time limit in respect of sampling

| (i) | The information specified in paragraphs 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in paragraphs 5.1(a)(i), 5.1(a)(ii) and 5.1(a)(iii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in 5.1(a)(iv) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited’ (4) and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘For inspection by interested parties’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax (+32-2) 295 65 05 |
| Telex COMEU B 21877. |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (+32-2) 295 65 05

Telex COMEU B 21877.

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 6(9) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union. According to Article 7(1) of the basic Regulation, provisional measures may be imposed no later than nine months from the publication of this notice in the Official Journal of the European Union.

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

(2)  Individual margins may be claimed pursuant to Article 17(3) of the basic Regulation for companies not included in the sample.

(3)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996 P.1 ) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

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