# Official Journal L 271/19 A

| | ISSN 1725-2555 |
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| Official Journal
  of the European Union | L 271 |
| | |
| English edition | Legislation | Volume 4719 August 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 271

English edition

Legislation

Volume 4719 August 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | * | Council Regulation (EC) No 1467/2004 of 13 August 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate originating in Australia, the People's Republic of China and terminating the anti-dumping proceeding concerning imports of polyethylene terephthalate originating in Pakistan and releasing the amounts secured by way of the provisional duties imposed | 1 |
| | | Commission Regulation (EC) No 1468/2004 of 18 August 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 18 |
| | * | Commission Regulation (EC) No 1469/2004 of 18 August 2004 amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on apples | 20 |
| | * | Commission Regulation (EC) No 1470/2004 of 18 August 2004 setting, for the 2004/05 marketing year, the amount of aid for the cultivation of grapes intended for the production of certain varieties of dried grapes and of aid for replanting vineyards affected by phylloxera | 22 |
| | * | Commission Regulation (EC) No 1471/2004 of 18 August 2004 amending Annex XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the import of cervid products from Canada and the United States (
  1
  ) | 24 |
| | * | Commission Regulation (EC) No 1472/2004 of 18 August 2004 amending Regulation (EC) No 1874/2003 approving the national scrapie control programmes of certain Member States, and defining additional guarantees, and granting derogations concerning breeding programmes for TSE resistance in sheep pursuant to Decision 2003/100/EC (
  1
  ) | 26 |
| | * | Commission Regulation (EC) No 1473/2004 of 18 August 2004 fixing the storage aid for unprocessed dried grapes and unprocessed dried figs from the 2003/2004 marketing year | 28 |
| | * | Commission Regulation (EC) No 1474/2004 of 18 August 2004 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds | 29 |
| | * | Commission Regulation (EC) No 1475/2004 of 18 August 2004 amending Regulation (EC) No 596/2004 laying down detailed rules for implementing the system of export licences in the egg sector | 31 |
| | * | Commission Regulation (EC) No 1476/2004 of 18 August 2004 amending Regulation (EC) No 97/2004 correcting Regulations (EC) No 2281/2003 and (EC) No 2299/2003 determining the world market price for unginned cotton | 33 |
| | | Commission Regulation (EC) No 1477/2004 of 18 August 2004 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements | 34 |
| | * | Commission Regulation (EC) No 1478/2004 of 18 August 2004 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia | 36 |

Contents

I   Acts whose publication is obligatory

page

*

Council Regulation (EC) No 1467/2004 of 13 August 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate originating in Australia, the People's Republic of China and terminating the anti-dumping proceeding concerning imports of polyethylene terephthalate originating in Pakistan and releasing the amounts secured by way of the provisional duties imposed

1

Commission Regulation (EC) No 1468/2004 of 18 August 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

18

*

Commission Regulation (EC) No 1469/2004 of 18 August 2004 amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on apples

20

*

Commission Regulation (EC) No 1470/2004 of 18 August 2004 setting, for the 2004/05 marketing year, the amount of aid for the cultivation of grapes intended for the production of certain varieties of dried grapes and of aid for replanting vineyards affected by phylloxera

22

*

Commission Regulation (EC) No 1471/2004 of 18 August 2004 amending Annex XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the import of cervid products from Canada and the United States (
  1
  )

1

24

*

Commission Regulation (EC) No 1472/2004 of 18 August 2004 amending Regulation (EC) No 1874/2003 approving the national scrapie control programmes of certain Member States, and defining additional guarantees, and granting derogations concerning breeding programmes for TSE resistance in sheep pursuant to Decision 2003/100/EC (
  1
  )

1

26

*

Commission Regulation (EC) No 1473/2004 of 18 August 2004 fixing the storage aid for unprocessed dried grapes and unprocessed dried figs from the 2003/2004 marketing year

28

*

Commission Regulation (EC) No 1474/2004 of 18 August 2004 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

29

*

Commission Regulation (EC) No 1475/2004 of 18 August 2004 amending Regulation (EC) No 596/2004 laying down detailed rules for implementing the system of export licences in the egg sector

31

*

Commission Regulation (EC) No 1476/2004 of 18 August 2004 amending Regulation (EC) No 97/2004 correcting Regulations (EC) No 2281/2003 and (EC) No 2299/2003 determining the world market price for unginned cotton

33

Commission Regulation (EC) No 1477/2004 of 18 August 2004 on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

34

*

Commission Regulation (EC) No 1478/2004 of 18 August 2004 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia

36

| | | II   Acts whose publication is not obligatory |
| --- | --- | --- |
| | | Commission |
| | * | 2004/600/EC:Commission Decision of 4 August 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate originating, inter alia, in Australia | 38 |
| | * | 2004/601/EC:Commission Decision of 18 August 2004 on the inventory of wine production potential presented by the Republic of Slovenia under Council Regulation (EC) No 1493/1999
  (notified under document number C(2004) 3121) | 40 |
| | * | 2004/602/EC:Commission Decision of 18 August 2004 on the inventory of wine production potential presented by the Slovak Republic under Council Regulation (EC) No 1493/1999
  (notified under document number C(2004) 3123) | 41 |
| | * | 2004/603/EC:Commission Decision of 18 August 2004 on the inventory of wine production potential presented by the Republic of Malta under Council Regulation (EC) No 1493/1999
  (notified under document number C(2004) 3130) | 42 |

II   Acts whose publication is not obligatory

Commission

*

2004/600/EC:Commission Decision of 4 August 2004 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate originating, inter alia, in Australia

inter alia

38

*

2004/601/EC:Commission Decision of 18 August 2004 on the inventory of wine production potential presented by the Republic of Slovenia under Council Regulation (EC) No 1493/1999
  (notified under document number C(2004) 3121)

(notified under document number C(2004) 3121)

40

*

2004/602/EC:Commission Decision of 18 August 2004 on the inventory of wine production potential presented by the Slovak Republic under Council Regulation (EC) No 1493/1999
  (notified under document number C(2004) 3123)

(notified under document number C(2004) 3123)

41

*

2004/603/EC:Commission Decision of 18 August 2004 on the inventory of wine production potential presented by the Republic of Malta under Council Regulation (EC) No 1493/1999
  (notified under document number C(2004) 3130)

(notified under document number C(2004) 3130)

42

| | | Corrigenda |
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| | * | Corrigendum to Commission Regulation (EC) No 1458/2004 of 16 August 2004 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds ( OJ L 296, 17.8.2004 ) | 43 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 1458/2004 of 16 August 2004 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds ( OJ L 296, 17.8.2004 )

43

| | |
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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. |
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EN

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

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

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I Acts whose publication is obligatory

| 19.8.2004 | EN | Official Journal of the European Union | L 271/1 |
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19.8.2004

EN

Official Journal of the European Union

L 271/1

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COUNCIL REGULATION (EC) No 1467/2004

of 13 August 2004

imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of polyethylene terephthalate originating in Australia, the People's Republic of China and terminating the anti-dumping proceeding concerning imports of polyethylene terephthalate originating in Pakistan and releasing the amounts secured by way of the provisional duties imposed

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

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

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

Whereas:

A.   PROCEDURE

1.   PROVISIONAL MEASURES

| (1) | On 19 February 2004, the Commission imposed, by Regulation (EC) No 306/2004 (2) (the provisional Regulation), a provisional anti-dumping duty on the imports into the Community of polyethylene terephthalate (PET) originating in Australia, the People's Republic of China and Pakistan (the countries concerned). |
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(1)

On 19 February 2004, the Commission imposed, by Regulation (EC) No 306/2004 (2) (the provisional Regulation), a provisional anti-dumping duty on the imports into the Community of polyethylene terephthalate (PET) originating in Australia, the People's Republic of China and Pakistan (the countries concerned).

2

| (2) | It is recalled that the investigation period of dumping and injury (IP) covered the period from 1 April 2002 to 31 March 2003. The examination of trends relevant for the injury analysis covered the period from 1 January 1999 to the end of the IP (period considered). |
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(2)

It is recalled that the investigation period of dumping and injury (IP) covered the period from 1 April 2002 to 31 March 2003. The examination of trends relevant for the injury analysis covered the period from 1 January 1999 to the end of the IP (period considered).

2.   PARALLEL INVESTIGATION PROCEDURE

| (3) | It is recalled that an interim review concerning imports of PET originating in the Republic of Korea and Taiwan was initiated by a notice published in the Official Journal of the European Union on 22 May 2003 (3). |
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(3)

It is recalled that an interim review concerning imports of PET originating in the Republic of Korea and Taiwan was initiated by a notice published in the Official Journal of the European Union on 22 May 2003 (3).

Official Journal of the European Union

3

3.   SUBSEQUENT PROCEDURE

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

(4)

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

| (5) | Some interested parties submitted comments in writing. Those parties who so requested were also granted an opportunity to be heard orally. The Commission sought and verified all information it deemed necessary. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provisional findings were modified accordingly. |
| --- | --- |

(5)

Some interested parties submitted comments in writing. Those parties who so requested were also granted an opportunity to be heard orally. The Commission sought and verified all information it deemed necessary. The oral and written comments submitted by the parties were examined, and, where considered appropriate, the provisional findings were modified accordingly.

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

(6)

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

B.   PRODUCT CONCERNED AND LIKE PRODUCT

| (7) | It is recalled that, in recital 14 of the provisional Regulation, the product concerned was defined as polyethylene terephthalate with a viscosity number of 78 ml/g or higher, according to ISO Standard 1628-5, currently classifiable within CN Code 3907 60 20, and originating in the countries concerned. |
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(7)

It is recalled that, in recital 14 of the provisional Regulation, the product concerned was defined as polyethylene terephthalate with a viscosity number of 78 ml/g or higher, according to ISO Standard 1628-5, currently classifiable within CN Code 3907 60 20, and originating in the countries concerned.

| (8) | Moreover, in recital 18 of the provisional Regulation, it was stated that the Commission had found that PET produced by the Community industry and sold on the Community market as well as PET produced in the countries concerned and exported to the Community were like products, since no differences in the basic physical and chemical characteristics and Uses of the existing different types of PET had been found. |
| --- | --- |

(8)

Moreover, in recital 18 of the provisional Regulation, it was stated that the Commission had found that PET produced by the Community industry and sold on the Community market as well as PET produced in the countries concerned and exported to the Community were like products, since no differences in the basic physical and chemical characteristics and Uses of the existing different types of PET had been found.

| (9) | In the absence of any comments regarding the definition of the product concerned and the like product, the contents and provisional conclusions of recitals 14 to 18 of the provisional Regulation are hereby confirmed. |
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(9)

In the absence of any comments regarding the definition of the product concerned and the like product, the contents and provisional conclusions of recitals 14 to 18 of the provisional Regulation are hereby confirmed.

C.   DUMPING

1.   GENERAL METHODOLOGY

| (10) | The general methodology used to establish whether the imports into the Community of the product concerned have been dumped was described in recitals 19 to 34 of the provisional Regulation. |
| --- | --- |

(10)

The general methodology used to establish whether the imports into the Community of the product concerned have been dumped was described in recitals 19 to 34 of the provisional Regulation.

1.1.   Normal value

| (11) | In the absence of any comments, the provisional findings concerning normal value as set out in recitals 20 to 27 of the provisional Regulation are confirmed. |
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(11)

In the absence of any comments, the provisional findings concerning normal value as set out in recitals 20 to 27 of the provisional Regulation are confirmed.

1.2.   Export price

| (12) | Several companies argued that the exchange rates used by the Commission in making its provisional findings were incorrect, were not from a reliable public source and claimed that such exchange rates should rather come from an official verifiable source. |
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(12)

Several companies argued that the exchange rates used by the Commission in making its provisional findings were incorrect, were not from a reliable public source and claimed that such exchange rates should rather come from an official verifiable source.

| (13) | These claims have been thoroughly investigated and after verification, it was found that there were some errors in the exchange rates applied by the Commission in making its provisional findings. Therefore, calculations have been revised on the basis of the monthly average exchange rates published by (i) the Commission for all conversions involving the euro (EUR); (ii) the Federal Reserve of the United States of America for all conversions between the USA dollar, the Chinese Yuan (CNY) and the Hong Kong dollar (HKD); and (iii) the Bank of China for conversions between HKD and CNY. All these exchange rates have been applied, as was the case for the provisional calculations, on the basis of the monthly average exchange rate applicable to the month in which the sales invoice was issued. |
| --- | --- |

(13)

These claims have been thoroughly investigated and after verification, it was found that there were some errors in the exchange rates applied by the Commission in making its provisional findings. Therefore, calculations have been revised on the basis of the monthly average exchange rates published by (i) the Commission for all conversions involving the euro (EUR); (ii) the Federal Reserve of the United States of America for all conversions between the USA dollar, the Chinese Yuan (CNY) and the Hong Kong dollar (HKD); and (iii) the Bank of China for conversions between HKD and CNY. All these exchange rates have been applied, as was the case for the provisional calculations, on the basis of the monthly average exchange rate applicable to the month in which the sales invoice was issued.

1.3.   Comparison

| (14) | In the absence of any comments concerning the basis on which normal value and export prices were compared, recital 30 of the provisional Regulation is confirmed. |
| --- | --- |

(14)

In the absence of any comments concerning the basis on which normal value and export prices were compared, recital 30 of the provisional Regulation is confirmed.

1.4.   Dumping margin

| (15) | In the absence of any comments, recitals 31 to 34 of the provisional Regulation concerning the methodology applied for the calculation of the dumping margin are confirmed. |
| --- | --- |

(15)

In the absence of any comments, recitals 31 to 34 of the provisional Regulation concerning the methodology applied for the calculation of the dumping margin are confirmed.

2.   AUSTRALIA

| (16) | Only one of the two cooperating exporting producers made submissions following the imposition of the provisional measures. |
| --- | --- |

(16)

Only one of the two cooperating exporting producers made submissions following the imposition of the provisional measures.

2.1.   Normal value

| (17) | In the absence of any comments, the provisional findings concerning normal value, as set out in recital 36 of the provisional Regulation are confirmed. |
| --- | --- |

(17)

In the absence of any comments, the provisional findings concerning normal value, as set out in recital 36 of the provisional Regulation are confirmed.

2.2.   Export price

| (18) | In the absence of any comments other than those already mentioned in the above recitals 12 and 13, the methodology explained in recital 37 of the provisional Regulation is confirmed. |
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(18)

In the absence of any comments other than those already mentioned in the above recitals 12 and 13, the methodology explained in recital 37 of the provisional Regulation is confirmed.

2.3.   Comparison

| (19) | One exporting producer claimed that different allowances regarding after-sales technical assistance and marketing expenses had not been taken account of by the Commission in making its provisional findings. The claim in regard to technical assistance was accepted after verification in accordance with Article 2(10)(h) of the basic Regulation. The claim regarding marketing expenses was accepted after verification in accordance with Article 2(10)(k) of the basic Regulation. |
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(19)

One exporting producer claimed that different allowances regarding after-sales technical assistance and marketing expenses had not been taken account of by the Commission in making its provisional findings. The claim in regard to technical assistance was accepted after verification in accordance with Article 2(10)(h) of the basic Regulation. The claim regarding marketing expenses was accepted after verification in accordance with Article 2(10)(k) of the basic Regulation.

2.4.   Dumping margin

| (20) | In the absence of any comments, the findings in recitals 39 to 41 of the provisional Regulation concerning the methodology applied for the calculation of the dumping margin, are hereby confirmed. |
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(20)

In the absence of any comments, the findings in recitals 39 to 41 of the provisional Regulation concerning the methodology applied for the calculation of the dumping margin, are hereby confirmed.

| (21) | The definitive dumping margins, expressed as a percentage of the cif import price at the Community border, are:






  — | Leading Synthetics Pty Ltd: 7,8 % |
| --- | --- | --- |

(21)

The definitive dumping margins, expressed as a percentage of the cif import price at the Community border, are:

—

Leading Synthetics Pty Ltd: 7,8 %

| — | Novapex Australia Pty Ltd: 15,9 % |
| --- | --- |

—

Novapex Australia Pty Ltd: 15,9 %

| — | Residual dumping margin: 15,9 % |
| --- | --- |

—

Residual dumping margin: 15,9 %

3.   PAKISTAN

| (22) | The two cooperating exporting producers made submissions following the imposition of provisional measures in which they claimed that they should not have been regarded as two separate albeit related parties but rather, in view of their relationship as a unique exporting producer and that consequently, only one dumping calculation should be made. |
| --- | --- |

(22)

The two cooperating exporting producers made submissions following the imposition of provisional measures in which they claimed that they should not have been regarded as two separate albeit related parties but rather, in view of their relationship as a unique exporting producer and that consequently, only one dumping calculation should be made.

| (23) | This request was thoroughly analysed on the basis of the arguments developed by these exporting producers subsequent to the provisional findings. |
| --- | --- |

(23)

This request was thoroughly analysed on the basis of the arguments developed by these exporting producers subsequent to the provisional findings.

| (24) | It was found that the particular characteristics of the relationship between the companies concerned and the very close interlinks in their operation was such as to distinguish their position from the typical situation of two related companies. In particular, account was taken of the very significant financial and other links between the two exporting producers, the fact that they sell the product concerned under the same brand name, the fact that they share the same administrative premises and organisation as well as marketing division. Moreover, they share largely the same staff members and Directors and have a common production plan. The combination of all these elements is deemed sufficient to consider that under these particular circumstances the situation of the two exporting producers warrants that they be treated as a unique exporting producer in the Pakistani PET business rather than as two separate companies. Therefore, in view of all these elements, it was considered that the claim should be accepted. |
| --- | --- |

(24)

It was found that the particular characteristics of the relationship between the companies concerned and the very close interlinks in their operation was such as to distinguish their position from the typical situation of two related companies. In particular, account was taken of the very significant financial and other links between the two exporting producers, the fact that they sell the product concerned under the same brand name, the fact that they share the same administrative premises and organisation as well as marketing division. Moreover, they share largely the same staff members and Directors and have a common production plan. The combination of all these elements is deemed sufficient to consider that under these particular circumstances the situation of the two exporting producers warrants that they be treated as a unique exporting producer in the Pakistani PET business rather than as two separate companies. Therefore, in view of all these elements, it was considered that the claim should be accepted.

3.1.   Normal value

| (25) | In view of the above, the general methodology explained in recitals 20 to 34 of the provisional Regulation was applied for the unique exporting producer and the methodology explained in recitals 43 and 44 of the provisional Regulation has been revised. |
| --- | --- |

(25)

In view of the above, the general methodology explained in recitals 20 to 34 of the provisional Regulation was applied for the unique exporting producer and the methodology explained in recitals 43 and 44 of the provisional Regulation has been revised.

| (26) | The Commission first established, for the unique exporting producer, whether its total domestic sales of the product concerned were representative in comparison with its total export sales to the Community. In accordance with Article 2(2) of the basic Regulation, domestic sales were considered representative when the total domestic sales volume of each exporting producer was at least 5 % of its total export sales volume to the Community. |
| --- | --- |

(26)

The Commission first established, for the unique exporting producer, whether its total domestic sales of the product concerned were representative in comparison with its total export sales to the Community. In accordance with Article 2(2) of the basic Regulation, domestic sales were considered representative when the total domestic sales volume of each exporting producer was at least 5 % of its total export sales volume to the Community.

| (27) | The Commission subsequently identified those types of PET, sold domestically by the unique exporting producer that had overall representative domestic sales and that were identical or directly comparable to the types sold for export to the Community. |
| --- | --- |

(27)

The Commission subsequently identified those types of PET, sold domestically by the unique exporting producer that had overall representative domestic sales and that were identical or directly comparable to the types sold for export to the Community.

| (28) | For each type sold by the unique exporting producer on its domestic market and found to be directly comparable to the type of PET sold for export to the Community, it was established whether domestic sales were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular type of PET were considered sufficiently representative when the total domestic sales volume of that type during the IP represented 5 % or more of the total sales volume of the comparable PET type exported to the Community. |
| --- | --- |

(28)

For each type sold by the unique exporting producer on its domestic market and found to be directly comparable to the type of PET sold for export to the Community, it was established whether domestic sales were sufficiently representative for the purposes of Article 2(2) of the basic Regulation. Domestic sales of a particular type of PET were considered sufficiently representative when the total domestic sales volume of that type during the IP represented 5 % or more of the total sales volume of the comparable PET type exported to the Community.

| (29) | An examination was also made as to whether the domestic sales of each type of PET could be regarded as having been made in the ordinary course of trade, by establishing the proportion of profitable sales to independent customers of the PET type in question, in accordance with recitals 23 and 24 of the provisional Regulation. |
| --- | --- |

(29)

An examination was also made as to whether the domestic sales of each type of PET could be regarded as having been made in the ordinary course of trade, by establishing the proportion of profitable sales to independent customers of the PET type in question, in accordance with recitals 23 and 24 of the provisional Regulation.

| (30) | Wherever domestic prices of a particular type sold by the unique exporting producer could not be used, constructed normal value had to be used. |
| --- | --- |

(30)

Wherever domestic prices of a particular type sold by the unique exporting producer could not be used, constructed normal value had to be used.

| (31) | Consequently, in accordance with Article 2(3) of the basic Regulation, normal value was constructed by adding to the weighted average manufacturing costs of the exported types, adjusted where necessary, a reasonable amount for selling, general and administrative expenses (SG&A) and a reasonable margin of profit. To this end, the Commission examined whether the SG&A incurred and the profit realised by the unique exporting producer on the domestic market constituted reliable data. |
| --- | --- |

(31)

Consequently, in accordance with Article 2(3) of the basic Regulation, normal value was constructed by adding to the weighted average manufacturing costs of the exported types, adjusted where necessary, a reasonable amount for selling, general and administrative expenses (SG&A) and a reasonable margin of profit. To this end, the Commission examined whether the SG&A incurred and the profit realised by the unique exporting producer on the domestic market constituted reliable data.

| (32) | Actual domestic SG&A expenses were considered reliable when the total domestic sales volume of the unique exporting producer could be regarded as representative when compared to the volume of export sales to the Community. The domestic profit margin was determined on the basis of domestic sales of those types which were sold in the ordinary course of trade. For this purpose, the methodology set out in recital 23 of the provisional Regulation was applied. |
| --- | --- |

(32)

Actual domestic SG&A expenses were considered reliable when the total domestic sales volume of the unique exporting producer could be regarded as representative when compared to the volume of export sales to the Community. The domestic profit margin was determined on the basis of domestic sales of those types which were sold in the ordinary course of trade. For this purpose, the methodology set out in recital 23 of the provisional Regulation was applied.

| (33) | For two types of PET exported by the unique exporting producer, the Commission could establish normal value on the basis of the prices paid or payable in the ordinary course of trade by independent customers on the domestic market, in accordance with Article 2(1) of the basic Regulation. For the three PET types whose domestic sales were found to be not representative, constructed normal value was used, in accordance with Article 2(3) of the basic Regulation. |
| --- | --- |

(33)

For two types of PET exported by the unique exporting producer, the Commission could establish normal value on the basis of the prices paid or payable in the ordinary course of trade by independent customers on the domestic market, in accordance with Article 2(1) of the basic Regulation. For the three PET types whose domestic sales were found to be not representative, constructed normal value was used, in accordance with Article 2(3) of the basic Regulation.

3.2.   Export price

| (34) | All sales of the product concerned made by the unique exporting producer on the Community market were made to independent customers in the Community. Consequently, the export price was established according to Article 2(8) of the basic Regulation on the basis of the prices actually paid or payable. |
| --- | --- |

(34)

All sales of the product concerned made by the unique exporting producer on the Community market were made to independent customers in the Community. Consequently, the export price was established according to Article 2(8) of the basic Regulation on the basis of the prices actually paid or payable.

3.3.   Comparison

| (35) | In order to ensure a fair comparison, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were claimed and demonstrated to affect prices and price comparability. On this basis, allowances for differences in transport, insurance, handling charges, commissions, credit and other factors have been granted. |
| --- | --- |

(35)

In order to ensure a fair comparison, account was taken, in accordance with Article 2(10) of the basic Regulation, of differences in factors which were claimed and demonstrated to affect prices and price comparability. On this basis, allowances for differences in transport, insurance, handling charges, commissions, credit and other factors have been granted.

3.4.   Dumping margin

| (36) | As provided by Article 2(11) of the basic Regulation, the weighted average normal value of each type of the product concerned exported to the Community by the unique exporting producer was compared to the weighted average export price of each corresponding type of the product concerned. |
| --- | --- |

(36)

As provided by Article 2(11) of the basic Regulation, the weighted average normal value of each type of the product concerned exported to the Community by the unique exporting producer was compared to the weighted average export price of each corresponding type of the product concerned.

| (37) | The dumping margin, expressed as a percentage of the cif import price at the Community border, was reviewed in the light of the issues outlined above, and was found to be 1,6 % i.e. below the de minimis threshold as defined in Article 9(3) of the basic Regulation. |
| --- | --- |

(37)

The dumping margin, expressed as a percentage of the cif import price at the Community border, was reviewed in the light of the issues outlined above, and was found to be 1,6 % i.e. below the de minimis threshold as defined in Article 9(3) of the basic Regulation.

de minimis

4.   PEOPLE’S REPUBLIC OF CHINA (PRC)

4.1.   Market economy treatment (MET)

| (38) | The four companies which were granted neither MET nor individual treatment (IT) made submissions where they reiterated the claims mentioned in recitals 57 to 73 of the provisional Regulation. However, none of them provided evidences which would lead to contradict the conclusions drawn in the provisional Regulation. Therefore, the decision not to grant MET to these four cooperating exporting producers and the findings set out in the abovementioned recitals of the provisional Regulation are confirmed. |
| --- | --- |

(38)

The four companies which were granted neither MET nor individual treatment (IT) made submissions where they reiterated the claims mentioned in recitals 57 to 73 of the provisional Regulation. However, none of them provided evidences which would lead to contradict the conclusions drawn in the provisional Regulation. Therefore, the decision not to grant MET to these four cooperating exporting producers and the findings set out in the abovementioned recitals of the provisional Regulation are confirmed.

| (39) | Following comments received, it was not possible to calculate an individual margin for one of the companies which was granted only IT, as its exports of the product concerned to the EU during the IP could not be considered to have been in commercially significant quantities. The other company which was granted only IT and whose claim for MET was rejected on the basis of non-compliance with criterion 2 specified in Article 2(7)(c) of the basic Regulation, also made submissions in which it repeated its claim for MET. However, no further evidence was submitted that was of a nature to contradict the conclusions drawn in the provisional Regulation. Consequently, the conclusion drawn in recital 68 of the provisional Regulation is confirmed for this company. |
| --- | --- |

(39)

Following comments received, it was not possible to calculate an individual margin for one of the companies which was granted only IT, as its exports of the product concerned to the EU during the IP could not be considered to have been in commercially significant quantities. The other company which was granted only IT and whose claim for MET was rejected on the basis of non-compliance with criterion 2 specified in Article 2(7)(c) of the basic Regulation, also made submissions in which it repeated its claim for MET. However, no further evidence was submitted that was of a nature to contradict the conclusions drawn in the provisional Regulation. Consequently, the conclusion drawn in recital 68 of the provisional Regulation is confirmed for this company.

4.2.   Individual treatment

| (40) | One of the four companies which were neither granted MET nor IT claimed that nevertheless, all conditions for the granting of IT were met. However, given that no new evidence was provided, the conclusions drawn in recital 76 of the provisional Regulation are confirmed and the claim is rejected. |
| --- | --- |

(40)

One of the four companies which were neither granted MET nor IT claimed that nevertheless, all conditions for the granting of IT were met. However, given that no new evidence was provided, the conclusions drawn in recital 76 of the provisional Regulation are confirmed and the claim is rejected.

4.3.   Normal Value

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

a)   Analogue country

| (41) | The exporting producers have repeated their objection to the choice of the United States of America (USA) as the analogue country. The main reasons given were the difference in cultural and economic development, the difference in costs and the fact that countries such as Pakistan or the Republic of South Korea (Korea) would be much more appropriate than the USA. |
| --- | --- |

(41)

The exporting producers have repeated their objection to the choice of the United States of America (USA) as the analogue country. The main reasons given were the difference in cultural and economic development, the difference in costs and the fact that countries such as Pakistan or the Republic of South Korea (Korea) would be much more appropriate than the USA.

| (42) | First of all, differences in terms of cultural development are considered irrelevant for the choice of an analogue country, because an analogue country is taken to reflect market economy conditions and not comparable cultural development levels. |
| --- | --- |

(42)

First of all, differences in terms of cultural development are considered irrelevant for the choice of an analogue country, because an analogue country is taken to reflect market economy conditions and not comparable cultural development levels.

| (43) | As regards the use of a country with different economic development, it should be mentioned that, by definition, a non-market-economy country or an economy in transition does not have the same economic characteristics as a market-economy country. It is not unusual that such difference in economic development exists between an analogue country and a non-market-economy country or an economy in transition. This, however, does not prevent the USA to be chosen as analogue country as long as it is deemed more appropriate. |
| --- | --- |

(43)

As regards the use of a country with different economic development, it should be mentioned that, by definition, a non-market-economy country or an economy in transition does not have the same economic characteristics as a market-economy country. It is not unusual that such difference in economic development exists between an analogue country and a non-market-economy country or an economy in transition. This, however, does not prevent the USA to be chosen as analogue country as long as it is deemed more appropriate.

| (44) | Regarding the difference in costs, it is recalled that no significant difference was found in the prices paid by producers in the USA and the PRC for the main raw material (PTA) which represents the most significant part of the cost of production of PET. |
| --- | --- |

(44)

Regarding the difference in costs, it is recalled that no significant difference was found in the prices paid by producers in the USA and the PRC for the main raw material (PTA) which represents the most significant part of the cost of production of PET.

| (45) | Some exporting producers stressed the fact that while labour costs are higher in the USA than in the PRC, labour costs in Pakistan and Korea are more comparable to Chinese labour costs. In these circumstances, these producers considered that Pakistan or Korea would be a more appropriate analogue country than the USA. |
| --- | --- |

(45)

Some exporting producers stressed the fact that while labour costs are higher in the USA than in the PRC, labour costs in Pakistan and Korea are more comparable to Chinese labour costs. In these circumstances, these producers considered that Pakistan or Korea would be a more appropriate analogue country than the USA.

| (46) | As mentioned in recital 43, a country with a different level of economic development may be chosen as analogue country for a non-market-economy country or an economy in transition. Similarly, labour costs which reflect the state of economic development of a country are not in isolation considered as a relevant criterion. In the present case, in view of the very small part that labour cost accounts for in the total cost of production (i.e. less than 3 % of the total cost of production) compared to the cost of PTA (more than 60 % of the total cost of production), this criterion was not considered sufficiently significant to choose Pakistan or Korea as analogue country instead of the USA. Moreover, in the light of the level of competition in the chosen analogue country and of the representativity of domestic sales to independent customers in the analogue country as compared to the Chinese exports of PET, Pakistan and Korea were deemed less appropriate than the USA, as explained in recitals 78 to 86 of the provisional Regulation. Therefore, the claim was rejected. |
| --- | --- |

(46)

As mentioned in recital 43, a country with a different level of economic development may be chosen as analogue country for a non-market-economy country or an economy in transition. Similarly, labour costs which reflect the state of economic development of a country are not in isolation considered as a relevant criterion. In the present case, in view of the very small part that labour cost accounts for in the total cost of production (i.e. less than 3 % of the total cost of production) compared to the cost of PTA (more than 60 % of the total cost of production), this criterion was not considered sufficiently significant to choose Pakistan or Korea as analogue country instead of the USA. Moreover, in the light of the level of competition in the chosen analogue country and of the representativity of domestic sales to independent customers in the analogue country as compared to the Chinese exports of PET, Pakistan and Korea were deemed less appropriate than the USA, as explained in recitals 78 to 86 of the provisional Regulation. Therefore, the claim was rejected.

| (47) | In the absence of any other comments concerning the analogue country, the choice of the USA is confirmed. |
| --- | --- |

(47)

In the absence of any other comments concerning the analogue country, the choice of the USA is confirmed.

b)   Determination of normal value

| (48) | In the absence of any comments concerning the determination of normal value, the methodology described in recitals 87 and 88 of the provisional Regulation is confirmed. |
| --- | --- |

(48)

In the absence of any comments concerning the determination of normal value, the methodology described in recitals 87 and 88 of the provisional Regulation is confirmed.

4.3.2.   Determination of normal value for exporting producers granted MET

| (49) | Two exporting producers claimed that the Commission had double counted the amount of the duty drawback in the cost of production and substantiated their claim with supporting documents. On the basis of this new evidence, the claims were accepted for the two companies concerned and the calculation of the cost of production was corrected accordingly. One of these exporting producers also argued that some adjustments have been either omitted or not correctly applied. After verification, the claim was accepted with one exception relating to credit cost. For this latter, the methodology applied by the Commission at the provisional stage and explained in recitals 89 to 91 of the provisional Regulation is confirmed. |
| --- | --- |

(49)

Two exporting producers claimed that the Commission had double counted the amount of the duty drawback in the cost of production and substantiated their claim with supporting documents. On the basis of this new evidence, the claims were accepted for the two companies concerned and the calculation of the cost of production was corrected accordingly. One of these exporting producers also argued that some adjustments have been either omitted or not correctly applied. After verification, the claim was accepted with one exception relating to credit cost. For this latter, the methodology applied by the Commission at the provisional stage and explained in recitals 89 to 91 of the provisional Regulation is confirmed.

4.4.   Export prices

| (50) | Two exporting producers contested the exchange rates used by the Commission. As already explained in recitals 12 and 13, this claim has been accepted. |
| --- | --- |

(50)

Two exporting producers contested the exchange rates used by the Commission. As already explained in recitals 12 and 13, this claim has been accepted.

4.5.   Comparison

| (51) | In the absence of any comments concerning the basis on which normal value and export prices were compared and the adjustments made to ensure a fair comparison between the export prices and normal value, the provisional conclusion as contained in recital 93 of the provisional Regulation is confirmed. |
| --- | --- |

(51)

In the absence of any comments concerning the basis on which normal value and export prices were compared and the adjustments made to ensure a fair comparison between the export prices and normal value, the provisional conclusion as contained in recital 93 of the provisional Regulation is confirmed.

4.6.   Dumping margin

4.6.1.   For the cooperating exporting producers granted MET/IT

| (52) | The dumping margins expressed as a percentage on the cif import price at the Community border, which were reviewed in the light of the issues outlined above, are now as follows:






  Changzhou Worldbest Radici Co. Ltd | 0  % |
| --- | --- | --- |
| Far Eastern Industries Shanghai Ltd | 2,6  % |
| Jiangyin Xingye Plastic Co. Ltd | 18,4  % |
| Hubei Changfeng Chemical Fibres Industry Co. Ltd | 18,5  % |

(52)

The dumping margins expressed as a percentage on the cif import price at the Community border, which were reviewed in the light of the issues outlined above, are now as follows:

Changzhou Worldbest Radici Co. Ltd

0  %

Far Eastern Industries Shanghai Ltd

2,6  %

Jiangyin Xingye Plastic Co. Ltd

18,4  %

Hubei Changfeng Chemical Fibres Industry Co. Ltd

18,5  %

4.6.2.   For all other exporting producers

| (53) | One exporting producer claimed that the calculation of the anti-dumping duty for all cooperating exporting producers neither granted MET nor IT resulted in an individual duty for each of these companies. More particularly, this exporting producer argued that all cooperating exporting producers neither granted MET nor IT should pay the same amount of duty. |
| --- | --- |

(53)

One exporting producer claimed that the calculation of the anti-dumping duty for all cooperating exporting producers neither granted MET nor IT resulted in an individual duty for each of these companies. More particularly, this exporting producer argued that all cooperating exporting producers neither granted MET nor IT should pay the same amount of duty.

| (54) | At the provisional stage, these companies had the same dumping margin in percentage of the cif value. However, the calculation of the specific duty per tonne on the basis of the cif value of the imports of each of these companies led to different amounts of duty. In particular, specific duties of EUR 188 per tonne and EUR 191 per tonne have been established for two exporting producers respectively. The amount of the specific duty per tonne had been corrected for the calculation of the definitive duty as follows: the individual dumping margin for the cooperating exporting producers was calculated by comparing the weighted average normal value established for the analogue country and the weighted average export price reported by the exporting producers concerned. The average dumping margin was then calculated as a weighted average of the individual dumping margins established for the cooperating exporting producers which were neither granted MET nor IT. The specific duty per tonne has been calculated by applying this single dumping margin to the weighted average cif value per tonne established for these companies. If the methodology explained above had been applied at the provisional stage, the provisional specific duty per tonne for all exporting producers neither granted MET nor IT would have been EUR 183. Therefore, to the extent that the duties imposed by the provisional Regulation were higher than this amount, the difference should not be definitively collected. |
| --- | --- |

(54)

At the provisional stage, these companies had the same dumping margin in percentage of the cif value. However, the calculation of the specific duty per tonne on the basis of the cif value of the imports of each of these companies led to different amounts of duty. In particular, specific duties of EUR 188 per tonne and EUR 191 per tonne have been established for two exporting producers respectively. The amount of the specific duty per tonne had been corrected for the calculation of the definitive duty as follows: the individual dumping margin for the cooperating exporting producers was calculated by comparing the weighted average normal value established for the analogue country and the weighted average export price reported by the exporting producers concerned. The average dumping margin was then calculated as a weighted average of the individual dumping margins established for the cooperating exporting producers which were neither granted MET nor IT. The specific duty per tonne has been calculated by applying this single dumping margin to the weighted average cif value per tonne established for these companies. If the methodology explained above had been applied at the provisional stage, the provisional specific duty per tonne for all exporting producers neither granted MET nor IT would have been EUR 183. Therefore, to the extent that the duties imposed by the provisional Regulation were higher than this amount, the difference should not be definitively collected.

| (55) | On this basis, the countrywide definitive level of dumping was established at 22,9 % of the cif Community frontier price. |
| --- | --- |

(55)

On this basis, the countrywide definitive level of dumping was established at 22,9 % of the cif Community frontier price.

D.   INJURY

1.   COMMUNITY PRODUCTION

| (56) | In the absence of any new information submitted, the basis for the calculation of the total Community production as set out in recitals 100 to 101 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(56)

In the absence of any new information submitted, the basis for the calculation of the total Community production as set out in recitals 100 to 101 of the provisional Regulation is hereby confirmed.

2.   DEFINITION OF THE COMMUNITY INDUSTRY

| (57) | In the absence of any new information submitted, the definition of the Community industry as set out in recital 102 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(57)

In the absence of any new information submitted, the definition of the Community industry as set out in recital 102 of the provisional Regulation is hereby confirmed.

3.   COMMUNITY CONSUMPTION

| (58) | In the absence of any new information submitted, the calculation of Community consumption as set out in recitals 103 to 106 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(58)

In the absence of any new information submitted, the calculation of Community consumption as set out in recitals 103 to 106 of the provisional Regulation is hereby confirmed.

4.   IMPORTS INTO THE COMMUNITY FROM THE COUNTRIES CONCERNED

4.1.   Cumulative assessment of the effects of the dumped imports concerned — market shares of dumped imports

| (59) | As mentioned in recital 52, one of the exporting producers in the PRC was found not to have sold at dumped prices during the IP. Furthermore, and as mentioned in recital 37, the dumping margin found for the cooperating exporting producers in Pakistan was below the de minimis threshold. Consequently, the export volumes from these exporting producers should be decumulated from the total import volumes from the countries concerned. The evolution of dumped imports from the countries concerned, as given in recital 108 in the provisional Regulation, should therefore be the following: | 1999 | 2000 | 2001 | 2002 | IP |
| --- | --- | --- | --- | --- | --- | --- |
| PRC | 144 | 20 | 9 000 | 86 788 | 117 953 |
| Market share (%) | 0  % | 0  % | 0,6  % | 4,8  % | 6,4  % |
| Australia | 0 | 0 | 5 157 | 17 031 | 27 538 |
| Market share (%) | 0  % | 0  % | 0,5  % | 0,9  % | 1,5  % |
| Total countries concerned | 144 | 20 | 14 157 | 103 819 | 145 491 |
| Market share (%) | 0  % | 0  % | 1,1  % | 5,7  % | 7,9  % |

(59)

As mentioned in recital 52, one of the exporting producers in the PRC was found not to have sold at dumped prices during the IP. Furthermore, and as mentioned in recital 37, the dumping margin found for the cooperating exporting producers in Pakistan was below the de minimis threshold. Consequently, the export volumes from these exporting producers should be decumulated from the total import volumes from the countries concerned. The evolution of dumped imports from the countries concerned, as given in recital 108 in the provisional Regulation, should therefore be the following:

de minimis

1999

2000

2001

2002

IP

PRC

144

20

9 000

86 788

117 953

Market share (%)

0  %

0  %

0,6  %

4,8  %

6,4  %

Australia

0

0

5 157

17 031

27 538

Market share (%)

0  %

0  %

0,5  %

0,9  %

1,5  %

Total countries concerned

144

20

14 157

103 819

145 491

Market share (%)

0  %

0  %

1,1  %

5,7  %

7,9  %

| (60) | In the absence of any new information submitted, it follows from the data above that, even taking into account the decumulation of non-dumped imports, as explained in recital 59, the criteria of Article 3(4) of the basic Regulation are still met with regard to the cumulation of imports originating in the PRC and Australia. Therefore, the decumulation of the non-dumped imports does not affect the findings relating to the appropriateness of the cumulative assessment of the effects of the dumped imports concerned, as set out in the provisional Regulation, especially in the light of the fact that the level of undercutting found in the provisional Regulation corresponds to the level of undercutting found for those exporting producers that remain after decumulation of the non-dumped imports. Finally, the market share as regards dumped imports from Australia, as set out in recitals 107 to 111 of the provisional Regulation, is hereby confirmed. |
| --- | --- |

(60)

In the absence of any new information submitted, it follows from the data above that, even taking into account the decumulation of non-dumped imports, as explained in recital 59, the criteria of Article 3(4) of the basic Regulation are still met with regard to the cumulation of imports originating in the PRC and Australia. Therefore, the decumulation of the non-dumped imports does not affect the findings relating to the appropriateness of the cumulative assessment of the effects of the dumped imports concerned, as set out in the provisional Regulation, especially in the light of the fact that the level of undercutting found in the provisional Regulation corresponds to the level of undercutting found for those exporting producers that remain after decumulation of the non-dumped imports. Finally, the market share as regards dumped imports from Australia, as set out in recitals 107 to 111 of the provisional Regulation, is hereby confirmed.

| (61) | In the absence of any new information submitted in addition to the above, the findings relating to the cumulative assessment of the effects of the dumped imports concerned and the market share of these imports, as set out in recitals 107 to 111 of the provisional Regulation, are hereby confirmed. |
| --- | --- |

(61)

In the absence of any new information submitted in addition to the above, the findings relating to the cumulative assessment of the effects of the dumped imports concerned and the market share of these imports, as set out in recitals 107 to 111 of the provisional Regulation, are hereby confirmed.

4.2.   Prices of imports and undercutting

| (62) | It is recalled that, in making its provisional findings, the Commission had, as set out in recitals 112 to 114 of the provisional Regulation, compared the ex-works prices of the Community industry with those of the exporting producers in the countries concerned at cif Community frontier level, taking into account customs duties, and with adjustments for handling costs and different levels of trade. |
| --- | --- |

(62)

It is recalled that, in making its provisional findings, the Commission had, as set out in recitals 112 to 114 of the provisional Regulation, compared the ex-works prices of the Community industry with those of the exporting producers in the countries concerned at cif Community frontier level, taking into account customs duties, and with adjustments for handling costs and different levels of trade.

| (63) | On the basis of new cif Community frontier prices calculated for the exporting producers in Australia (see recital 21) and the PRC (see recital 52), and due to new exchange rates used (see recitals 12 to 13), new undercutting margins were calculated. |
| --- | --- |

(63)

On the basis of new cif Community frontier prices calculated for the exporting producers in Australia (see recital 21) and the PRC (see recital 52), and due to new exchange rates used (see recitals 12 to 13), new undercutting margins were calculated.

| (64) | The new margins by which imports of the products concerned originating in the countries concerned undercut the Community industry's average prices, expressed as a percentage of the latter, are the following:






  — | Australia: 9,5 % to 13,8 %, |
| --- | --- | --- |

(64)

The new margins by which imports of the products concerned originating in the countries concerned undercut the Community industry's average prices, expressed as a percentage of the latter, are the following:

—

Australia: 9,5 % to 13,8 %,

| — | PRC: 10,49 % to 14,09 %. |
| --- | --- |

—

PRC: 10,49 % to 14,09 %.

| (65) | The differences in comparison with the level of undercutting for the exporting producers in Australia and the PRC, as presented in recital 113 of the provisional Regulation, are not considered to be significant. The conclusion drawn on the level of undercutting in the provisional Regulation is therefore confirmed. |
| --- | --- |

(65)

The differences in comparison with the level of undercutting for the exporting producers in Australia and the PRC, as presented in recital 113 of the provisional Regulation, are not considered to be significant. The conclusion drawn on the level of undercutting in the provisional Regulation is therefore confirmed.

| (66) | Some exporting producers argued that the adjustments made for handling costs and different levels for trade (1 %) were insufficient. According to these exporting producers, the adjustments made were not sufficient to cover the real costs incurred on importation of the goods. |
| --- | --- |

(66)

Some exporting producers argued that the adjustments made for handling costs and different levels for trade (1 %) were insufficient. According to these exporting producers, the adjustments made were not sufficient to cover the real costs incurred on importation of the goods.

| (67) | However, the adjustments were based on actual information collected during the investigation. In the absence of any new evidence that the level of adjustments made was incorrect, i.e. not based on facts collected, the arguments of these exporting producers are rejected. The level of adjustment made in the provisional Regulation is hereby confirmed. |
| --- | --- |

(67)

However, the adjustments were based on actual information collected during the investigation. In the absence of any new evidence that the level of adjustments made was incorrect, i.e. not based on facts collected, the arguments of these exporting producers are rejected. The level of adjustment made in the provisional Regulation is hereby confirmed.

| (68) | In the absence of any information submitted in addition to the above, the findings in respect of prices of imports and undercutting as set out in recitals 112 to 114 of the provisional Regulation are confirmed. |
| --- | --- |

(68)

In the absence of any information submitted in addition to the above, the findings in respect of prices of imports and undercutting as set out in recitals 112 to 114 of the provisional Regulation are confirmed.

5.   SITUATION OF THE COMMUNITY INDUSTRY

| (69) | It is recalled that in recital 147 of the provisional Regulation, the Commission provisionally concluded that the Community industry had suffered material injury within the meaning of Article 3 of the basic Regulation. |
| --- | --- |

(69)

It is recalled that in recital 147 of the provisional Regulation, the Commission provisionally concluded that the Community industry had suffered material injury within the meaning of Article 3 of the basic Regulation.

| (70) | Many exporting producers questioned the interpretation of the figures relating to the situation of the Community industry as presented in recitals 117 to 144 of the provisional Regulation. They stated that the figures did not show any material injury. These exporting producers claimed that the figures instead showed a massive increase of production volumes, production capacity, sales volumes and average prices since the start of the period considered (1999), which should lead to the conclusion that the Community industry has not suffered material injury. |
| --- | --- |

(70)

Many exporting producers questioned the interpretation of the figures relating to the situation of the Community industry as presented in recitals 117 to 144 of the provisional Regulation. They stated that the figures did not show any material injury. These exporting producers claimed that the figures instead showed a massive increase of production volumes, production capacity, sales volumes and average prices since the start of the period considered (1999), which should lead to the conclusion that the Community industry has not suffered material injury.

| (71) | The exporting producers also referred to the fact that consumption had increased by 37 % during the period considered (recital 106 of the provisional Regulation). They claimed that, if the Community industry under these advantageous circumstances could not obtain a level of efficiency, which could ensure a sustainable profit margin, even though being confronted with imports from third countries, the poor performance had to be attributed to factors within the Community industry itself rather that to competition from imports. |
| --- | --- |

(71)

The exporting producers also referred to the fact that consumption had increased by 37 % during the period considered (recital 106 of the provisional Regulation). They claimed that, if the Community industry under these advantageous circumstances could not obtain a level of efficiency, which could ensure a sustainable profit margin, even though being confronted with imports from third countries, the poor performance had to be attributed to factors within the Community industry itself rather that to competition from imports.

| (72) | It is noted that none of the exporting producers has questioned the figures relating to the situation of the Community industry as such, but rather their interpretation. |
| --- | --- |

(72)

It is noted that none of the exporting producers has questioned the figures relating to the situation of the Community industry as such, but rather their interpretation.

| (73) | When analysing the development of the Community industry's economic indicators between 1999 and the IP, one must bear in mind that the Community industry was in a seriously depressed state in 1999 with losses of 16,4 % due to dumped imports of the product concerned from India, Indonesia, Malaysia, Republic of Korea, Taiwan and Thailand. |
| --- | --- |

(73)

When analysing the development of the Community industry's economic indicators between 1999 and the IP, one must bear in mind that the Community industry was in a seriously depressed state in 1999 with losses of 16,4 % due to dumped imports of the product concerned from India, Indonesia, Malaysia, Republic of Korea, Taiwan and Thailand.

| (74) | As stated in recital 129 of the provisional Regulation, anti-dumping duties were imposed on imports of the product concerned from India, Indonesia, Malaysia, Republic of Korea, Taiwan and Thailand in 2000 (4). |
| --- | --- |

(74)

As stated in recital 129 of the provisional Regulation, anti-dumping duties were imposed on imports of the product concerned from India, Indonesia, Malaysia, Republic of Korea, Taiwan and Thailand in 2000 (4).

4

| (75) | Subsequent to the imposition of the anti-dumping measures in 2000, the Community market stabilised and the economic indicators for the Community industry improved as a result of the measures imposed. The Commission emphasised this particular development when, in recital 143 of the provisional Regulation, it concluded that by 2001 the Community industry had recovered from past dumping. |
| --- | --- |

(75)

Subsequent to the imposition of the anti-dumping measures in 2000, the Community market stabilised and the economic indicators for the Community industry improved as a result of the measures imposed. The Commission emphasised this particular development when, in recital 143 of the provisional Regulation, it concluded that by 2001 the Community industry had recovered from past dumping.

| (76) | In these circumstances, in order to measure the effects of dumped imports from the countries concerned, it is considered that the relevant economic indicators have to be particularly examined from the time when the Community industry had fully recovered from past dumping, which in this case was 2001. When examining the relevant economic factors from 2001, it emerges that, contrary to the above submissions, but as found already by the Commission in its provisional findings (recitals 135 and 146 of the provisional Regulation), the Community industry did show a significant decrease in profit, price depression and a significant loss in market share, especially from 2002 and during the IP. |
| --- | --- |

(76)

In these circumstances, in order to measure the effects of dumped imports from the countries concerned, it is considered that the relevant economic indicators have to be particularly examined from the time when the Community industry had fully recovered from past dumping, which in this case was 2001. When examining the relevant economic factors from 2001, it emerges that, contrary to the above submissions, but as found already by the Commission in its provisional findings (recitals 135 and 146 of the provisional Regulation), the Community industry did show a significant decrease in profit, price depression and a significant loss in market share, especially from 2002 and during the IP.

| (77) | In the absence of any other information submitted in addition to the above, the findings in respect of the situation for the Community industry, as set out in recitals 117 to 144 of the provisional Regulation, are hereby confirmed. |
| --- | --- |

(77)

In the absence of any other information submitted in addition to the above, the findings in respect of the situation for the Community industry, as set out in recitals 117 to 144 of the provisional Regulation, are hereby confirmed.

6.   CONCLUSION

| (78) | In view of the above, it is concluded that the Community industry has suffered material injury within the meaning of Article 3 of the basic Regulation. |
| --- | --- |

(78)

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

E.   CAUSATION

1.   EFFECT OF THE DUMPED IMPORTS

| (79) | It is recalled that in recitals 150 to 153 of the provisional Regulation, the Commission concluded that there was a causal link between dumped imports from the countries concerned and the material injury suffered by the Community industry. |
| --- | --- |

(79)

It is recalled that in recitals 150 to 153 of the provisional Regulation, the Commission concluded that there was a causal link between dumped imports from the countries concerned and the material injury suffered by the Community industry.

| (80) | Since one of the exporting producers in the PRC was found not to have sold at dumped prices during the IP, and the dumping margin for the cooperating exporting producers in Pakistan was found to be below the de minimis threshold, the export volumes from these exporting producers should be decumulated from the effects of dumped imports. |
| --- | --- |

(80)

Since one of the exporting producers in the PRC was found not to have sold at dumped prices during the IP, and the dumping margin for the cooperating exporting producers in Pakistan was found to be below the de minimis threshold, the export volumes from these exporting producers should be decumulated from the effects of dumped imports.

de minimis

| (81) | The exports to the Community by the Chinese exporting producer concerned represented less than 5 % of the imports volumes originating in the PRC during the IP (less than 1 % in terms of market share of Community consumption). The decumulation of the exports from this exporter is therefore considered to have a marginal effect on the causal link established in the investigation leading up to the provisional Regulation. |
| --- | --- |

(81)

The exports to the Community by the Chinese exporting producer concerned represented less than 5 % of the imports volumes originating in the PRC during the IP (less than 1 % in terms of market share of Community consumption). The decumulation of the exports from this exporter is therefore considered to have a marginal effect on the causal link established in the investigation leading up to the provisional Regulation.

| (82) | The exports to the Community by the cooperating exporting producers in Pakistan represented 4 % in terms of market share of Community consumption in the IP, and were therefore considered to have been significant. Still, as compared to total imports from the countries concerned, the exports originating in Pakistan only represented 33,4 % of the total imports from the countries concerned, i.e. 66,7 % of the imports from the countries concerned were still found to have been sold at prices with a dumping margin above the de minimis threshold. It is therefore considered that a causal link still exists between dumped imports from Australia and the PRC and the material injury suffered by the Community industry. |
| --- | --- |

(82)

The exports to the Community by the cooperating exporting producers in Pakistan represented 4 % in terms of market share of Community consumption in the IP, and were therefore considered to have been significant. Still, as compared to total imports from the countries concerned, the exports originating in Pakistan only represented 33,4 % of the total imports from the countries concerned, i.e. 66,7 % of the imports from the countries concerned were still found to have been sold at prices with a dumping margin above the de minimis threshold. It is therefore considered that a causal link still exists between dumped imports from Australia and the PRC and the material injury suffered by the Community industry.

de minimis

| (83) | Some exporting producers claimed that there was a positive correlation between the Community industry's and the exporting producers' prices, in that increases and decreases occurred simultaneously. According to these exporting producers, this showed that the price decreases suffered during the last two years by the Community industry were not due to competition from dumped imports but rather adjustments to changes in the costs for raw materials. |
| --- | --- |

(83)

Some exporting producers claimed that there was a positive correlation between the Community industry's and the exporting producers' prices, in that increases and decreases occurred simultaneously. According to these exporting producers, this showed that the price decreases suffered during the last two years by the Community industry were not due to competition from dumped imports but rather adjustments to changes in the costs for raw materials.

| (84) | It is recalled that approximately two thirds of the cost of production consists of raw materials (see recital 162 in the provisional Regulation). In this context, as both the exporting producers and the Community industry rely on the same raw material, it is considered that the question whether or not prices react simultaneously to changes in the underlying cost structure is not considered relevant in isolation. In any event, as will be shown below, an analysis of the actual prices does not confirm that there was a positive correlation. |
| --- | --- |

(84)

It is recalled that approximately two thirds of the cost of production consists of raw materials (see recital 162 in the provisional Regulation). In this context, as both the exporting producers and the Community industry rely on the same raw material, it is considered that the question whether or not prices react simultaneously to changes in the underlying cost structure is not considered relevant in isolation. In any event, as will be shown below, an analysis of the actual prices does not confirm that there was a positive correlation.

| (85) | Recitals 162 to 172 of the provisional Regulation set out in detail an analysis of the possible contribution of the cost of raw materials to the injury suffered by the Community industry. It should furthermore be noted that, an analysis of the prices of dumped imports from the countries concerned after 2001 when the Community industry had recovered from past dumping shows the following:






  — | prices of imports of the product concerned originating in Australia decreased from EUR 868/tonne in 2002 to EUR 838/tonne during the IP, or by – 3,4 %, |
| --- | --- | --- |

(85)

Recitals 162 to 172 of the provisional Regulation set out in detail an analysis of the possible contribution of the cost of raw materials to the injury suffered by the Community industry. It should furthermore be noted that, an analysis of the prices of dumped imports from the countries concerned after 2001 when the Community industry had recovered from past dumping shows the following:

—

prices of imports of the product concerned originating in Australia decreased from EUR 868/tonne in 2002 to EUR 838/tonne during the IP, or by – 3,4 %,

| — | prices of imports of the product concerned originating in the PRC increased from EUR 788/tonne in 2002 to EUR 825/tonne during the IP, or by + 4,5 %. |
| --- | --- |

—

prices of imports of the product concerned originating in the PRC increased from EUR 788/tonne in 2002 to EUR 825/tonne during the IP, or by + 4,5 %.

| (86) | Whereas the increase in the price of imports from the PRC (+ 4,5 %) coincides with the price development over the same period for the main raw material, PTA (+ 5,1 % (see recital 168 in the provisional Regulation)), the prices of imports originating in Australia decreased over the same period. The Community industry's prices increased by less than 1 % during this period. Therefore, it cannot be concluded that there was a positive correlation between the Community industry's and the exporting producers' prices, as the price development from the three countries is not coherent. In this context, it should also be recalled that the Commission had found a significant undercutting of the Community industry's sales prices by all exporting producers in the course of the investigation. |
| --- | --- |

(86)

Whereas the increase in the price of imports from the PRC (+ 4,5 %) coincides with the price development over the same period for the main raw material, PTA (+ 5,1 % (see recital 168 in the provisional Regulation)), the prices of imports originating in Australia decreased over the same period. The Community industry's prices increased by less than 1 % during this period. Therefore, it cannot be concluded that there was a positive correlation between the Community industry's and the exporting producers' prices, as the price development from the three countries is not coherent. In this context, it should also be recalled that the Commission had found a significant undercutting of the Community industry's sales prices by all exporting producers in the course of the investigation.

| (87) | In the absence of any information submitted in addition to the above, the conclusion drawn in respect of the effects of dumped imports in recitals 150 to 153 of the provisional Regulation is hereby confirmed. However, it is to be noted that the exports by one exporting producer in the PRC whose exports were found to be dumped in the provisional Regulation, have been found not to sell at dumped prices. Furthermore, the dumping margin of the cooperating exporting producers in Pakistan whose exports were found to be dumped in the provisional Regulation was found to be below the de minimis threshold. The effect of these exports should therefore no longer be assessed under the effect of dumped imports but under the effect of other factors. |
| --- | --- |

(87)

In the absence of any information submitted in addition to the above, the conclusion drawn in respect of the effects of dumped imports in recitals 150 to 153 of the provisional Regulation is hereby confirmed. However, it is to be noted that the exports by one exporting producer in the PRC whose exports were found to be dumped in the provisional Regulation, have been found not to sell at dumped prices. Furthermore, the dumping margin of the cooperating exporting producers in Pakistan whose exports were found to be dumped in the provisional Regulation was found to be below the de minimis threshold. The effect of these exports should therefore no longer be assessed under the effect of dumped imports but under the effect of other factors.

de minimis

2.   EFFECT OF OTHER FACTORS

| (88) | Since one of the exporting producers in the PRC was found not to have sold at dumped prices during the IP, and the dumping margin for the cooperating exporting producers in Pakistan was found to be below the de minimis threshold, the export volumes from these exporting producers should be decumulated from the total volume of dumped imports. However, the prices of these exporting producers were found to significantly undercut the Community industry's average sales prices. As mentioned in recitals 81 and 82, the non-dumped volumes of imports from the countries concerned represented between 4 % and 5 % of Community consumption. It can therefore not be excluded that the exports to the Community by this exporting producer in the PRC and the cooperating exporting producers in Pakistan also have significantly contributed to the material injury suffered by the Community industry. |
| --- | --- |

(88)

Since one of the exporting producers in the PRC was found not to have sold at dumped prices during the IP, and the dumping margin for the cooperating exporting producers in Pakistan was found to be below the de minimis threshold, the export volumes from these exporting producers should be decumulated from the total volume of dumped imports. However, the prices of these exporting producers were found to significantly undercut the Community industry's average sales prices. As mentioned in recitals 81 and 82, the non-dumped volumes of imports from the countries concerned represented between 4 % and 5 % of Community consumption. It can therefore not be excluded that the exports to the Community by this exporting producer in the PRC and the cooperating exporting producers in Pakistan also have significantly contributed to the material injury suffered by the Community industry.

de minimis

| (89) | Some exporters claimed that the Commission had not sufficiently investigated the effect of the depreciation of the USD and RMB against the EUR. These exporters claimed that, due to the depreciation of the USD and the RMB against the EUR during the IP, the exporters had gained market shares in the Community by keeping their prices in USD, which effectively entailed a reduction in the price expressed in EUR. Based on the foregoing, the exporting producers expressed doubts whether the material injury suffered by the Community industry had been caused by dumped imports or by imports at prices which were lower due to the currency effect. |
| --- | --- |

(89)

Some exporters claimed that the Commission had not sufficiently investigated the effect of the depreciation of the USD and RMB against the EUR. These exporters claimed that, due to the depreciation of the USD and the RMB against the EUR during the IP, the exporters had gained market shares in the Community by keeping their prices in USD, which effectively entailed a reduction in the price expressed in EUR. Based on the foregoing, the exporting producers expressed doubts whether the material injury suffered by the Community industry had been caused by dumped imports or by imports at prices which were lower due to the currency effect.

| (90) | Currency fluctuations in isolation are normally not taken into account in an anti-dumping investigation as they can not be considered to be of a lasting nature. Nevertheless, the effects of currency fluctuations are, in effect, included in the analysis insofar they had an effect on the cost of raw materials consumed by the Community industry (recitals 162 to 173 in the provisional Regulation) and on the price of dumped imports (recitals 150 to 153 in the provisional Regulation). |
| --- | --- |

(90)

Currency fluctuations in isolation are normally not taken into account in an anti-dumping investigation as they can not be considered to be of a lasting nature. Nevertheless, the effects of currency fluctuations are, in effect, included in the analysis insofar they had an effect on the cost of raw materials consumed by the Community industry (recitals 162 to 173 in the provisional Regulation) and on the price of dumped imports (recitals 150 to 153 in the provisional Regulation).

| (91) | It is recalled that significant levels of dumping have been found from exporters in Australia and the PRC during the investigation (see recitals 21 and 52). Moreover, it is also recalled that exporting producers from Australia and the PRC have been found to undercut the prices of the Community industry by significant amounts (see recital 64). |
| --- | --- |

(91)

It is recalled that significant levels of dumping have been found from exporters in Australia and the PRC during the investigation (see recitals 21 and 52). Moreover, it is also recalled that exporting producers from Australia and the PRC have been found to undercut the prices of the Community industry by significant amounts (see recital 64).

| (92) | It cannot be excluded that non-dumped imports originating in the PRC and imports originating from the cooperating exporting producers in Pakistan, whose dumping margin was found to be below the de minimis threshold, could contribute to the injury suffered by the Community industry. This effect, however, is not such as to break the causal link established in the provisional Regulation between dumped imports in the countries concerned and the material injury suffered by the Community industry. Therefore, in the absence of any new information submitted, the conclusions drawn in respect of the effect of dumped imports in recitals 150 to 153 and in respect of the effect of other factors in recitals 154 to 178 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(92)

It cannot be excluded that non-dumped imports originating in the PRC and imports originating from the cooperating exporting producers in Pakistan, whose dumping margin was found to be below the de minimis threshold, could contribute to the injury suffered by the Community industry. This effect, however, is not such as to break the causal link established in the provisional Regulation between dumped imports in the countries concerned and the material injury suffered by the Community industry. Therefore, in the absence of any new information submitted, the conclusions drawn in respect of the effect of dumped imports in recitals 150 to 153 and in respect of the effect of other factors in recitals 154 to 178 of the provisional Regulation are hereby confirmed.

de minimis

F.   COMMUNITY INTEREST

1.   INTEREST OF THE COMMUNITY INDUSTRY

| (93) | In the absence of any information submitted with respect of the interest of the Community industry, the findings as set out in recitals 183 to 184 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(93)

In the absence of any information submitted with respect of the interest of the Community industry, the findings as set out in recitals 183 to 184 of the provisional Regulation are hereby confirmed.

2.   INTEREST OF UNRELATED IMPORTERS

| (94) | One submission from an unrelated importer was received. In addition, a hearing with another importer (agent) was also held. The arguments of the first importer coincided with those of the exporting producers and have been discussed in recital 70. The arguments of the second importer (agent) are discussed under recital 102, as they coincide with the arguments of two mineral water producers. |
| --- | --- |

(94)

One submission from an unrelated importer was received. In addition, a hearing with another importer (agent) was also held. The arguments of the first importer coincided with those of the exporting producers and have been discussed in recital 70. The arguments of the second importer (agent) are discussed under recital 102, as they coincide with the arguments of two mineral water producers.

| (95) | In the absence of any further information submitted with respect of the interest of the unrelated importers, the findings as set out in recitals 185 to 187 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(95)

In the absence of any further information submitted with respect of the interest of the unrelated importers, the findings as set out in recitals 185 to 187 of the provisional Regulation are hereby confirmed.

3.   INTEREST OF SUPPLIERS

| (96) | In the absence of any information submitted with respect of the interest of the Community suppliers, the findings as set out in recitals 188 to 189 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(96)

In the absence of any information submitted with respect of the interest of the Community suppliers, the findings as set out in recitals 188 to 189 of the provisional Regulation are hereby confirmed.

4.   INTEREST OF USERS

4.1.   Preliminary remarks

| (97) | The manner in which Community consumption of the product concerned was distributed between various types of users was explained under the heading ‘Preliminary remarks’ in recitals 190 to 192 of the provisional Regulation. In the absence of any new information, this description is hereby confirmed. |
| --- | --- |

(97)

The manner in which Community consumption of the product concerned was distributed between various types of users was explained under the heading ‘Preliminary remarks’ in recitals 190 to 192 of the provisional Regulation. In the absence of any new information, this description is hereby confirmed.

4.2.   Preform/bottle converters

| (98) | It is recalled that the Commission in its provisional findings (recital 196 of the provisional Regulation) could not establish whether it would be in the interest of the preform/bottle converters to impose anti-dumping duties. This conclusion was based on the fact that, whereas two cooperating preform/bottle converters supported the introduction of anti-dumping measures, the Association of Plastic Converters opposed it. |
| --- | --- |

(98)

It is recalled that the Commission in its provisional findings (recital 196 of the provisional Regulation) could not establish whether it would be in the interest of the preform/bottle converters to impose anti-dumping duties. This conclusion was based on the fact that, whereas two cooperating preform/bottle converters supported the introduction of anti-dumping measures, the Association of Plastic Converters opposed it.

| (99) | Subsequent to the imposition of provisional anti-dumping measures, no new submissions, nor a request for a hearing, were made by the Association of Plastic Converters. On this basis, it cannot be concluded that the interests of the preform/bottle converters would constitute a compelling reason against the imposition of anti-dumping measures. The findings as set out in recitals 193 to 195 of the provisional Regulation are therefore confirmed. |
| --- | --- |

(99)

Subsequent to the imposition of provisional anti-dumping measures, no new submissions, nor a request for a hearing, were made by the Association of Plastic Converters. On this basis, it cannot be concluded that the interests of the preform/bottle converters would constitute a compelling reason against the imposition of anti-dumping measures. The findings as set out in recitals 193 to 195 of the provisional Regulation are therefore confirmed.

4.3.   The mineral and spring water producers

| (100) | After disclosure of the basis upon which provisional measures were imposed, a clerical error has been rectified by including L'Européenne d'embouteillage on the list of cooperating users. This user opposed the introduction of provisional measures. Consequently, there were two rather than one mineral and spring water producers opposing the imposition of anti-dumping duties, while two others remained in favour. |
| --- | --- |

(100)

After disclosure of the basis upon which provisional measures were imposed, a clerical error has been rectified by including L'Européenne d'embouteillage on the list of cooperating users. This user opposed the introduction of provisional measures. Consequently, there were two rather than one mineral and spring water producers opposing the imposition of anti-dumping duties, while two others remained in favour.

L'Européenne d'embouteillage

| (101) | It is recalled that in the investigation leading up to provisional duties, the Commission had concluded the following as regards filled mineral water bottles:






  — | the cost of PET for mineral and spring water producers represented approximately 30 % of their manufacturing costs (see recital 198 in the provisional Regulation), |
| --- | --- | --- |

(101)

It is recalled that in the investigation leading up to provisional duties, the Commission had concluded the following as regards filled mineral water bottles:

—

the cost of PET for mineral and spring water producers represented approximately 30 % of their manufacturing costs (see recital 198 in the provisional Regulation),

| — | the cost of PET at the level of the end-consumer only represented 3 cents, or 6-10 % of the retail price (see recital 199 in the provisional Regulation), |
| --- | --- |

—

the cost of PET at the level of the end-consumer only represented 3 cents, or 6-10 % of the retail price (see recital 199 in the provisional Regulation),

| — | a 10 % increase in the price of PET would entail a possible maximum price increase of 0,6 % to 1 % at the level of end-consumer if all the costs are passed on. This increase was not considered significant in the provisional Regulation because it could either be absorbed by the downstream industry or passed on to retailers or end-consumers (see recital 202 of the provisional Regulation). |
| --- | --- |

—

a 10 % increase in the price of PET would entail a possible maximum price increase of 0,6 % to 1 % at the level of end-consumer if all the costs are passed on. This increase was not considered significant in the provisional Regulation because it could either be absorbed by the downstream industry or passed on to retailers or end-consumers (see recital 202 of the provisional Regulation).

| (102) | Subsequent to the disclosure of the provisional findings, two mineral and spring water producers and one importer (the group) made a joint submission. The group claimed that:






  — | the interest of the small and medium-sized preform/ bottle converters had not been duly taken into account. They claimed that the price increases resulting from the imposition of measures could not be passed on to soft drink producers but had to be absorbed by preform/bottle converters, which would negatively affect the financial stability for small and medium-sized preform/bottle converters, |
| --- | --- | --- |

(102)

Subsequent to the disclosure of the provisional findings, two mineral and spring water producers and one importer (the group) made a joint submission. The group claimed that:

—

the interest of the small and medium-sized preform/ bottle converters had not been duly taken into account. They claimed that the price increases resulting from the imposition of measures could not be passed on to soft drink producers but had to be absorbed by preform/bottle converters, which would negatively affect the financial stability for small and medium-sized preform/bottle converters,

| — | the Commission had overstated the retail price for a bottle of mineral water in the provisional Regulation, thereby underestimating how significant the cost of PET is for a bottle of mineral water. Rather than 6-10 % of the retail price, as the Commission indicated, the group claimed that the cost of PET was around 20 % of the retail price. Hence, the group claimed that the Commission had underestimated the impact that increases of the costs for PET had on the downstream industry, |
| --- | --- |

—

the Commission had overstated the retail price for a bottle of mineral water in the provisional Regulation, thereby underestimating how significant the cost of PET is for a bottle of mineral water. Rather than 6-10 % of the retail price, as the Commission indicated, the group claimed that the cost of PET was around 20 % of the retail price. Hence, the group claimed that the Commission had underestimated the impact that increases of the costs for PET had on the downstream industry,

| — | the risk for outsourcing from the European Community had not sufficiently been considered. |
| --- | --- |

—

the risk for outsourcing from the European Community had not sufficiently been considered.

| (103) | Concerning the group's claim that price increases on PET could not be passed on to the next level of users (i.e. to retailers, end-consumers and, in the case of preform/ bottle converters, to soft drink producers), this claim was not substantiated. In addition, no retailers nor any consumer organisations have made themselves known during the investigation. This argument is therefore rejected. |
| --- | --- |

(103)

Concerning the group's claim that price increases on PET could not be passed on to the next level of users (i.e. to retailers, end-consumers and, in the case of preform/ bottle converters, to soft drink producers), this claim was not substantiated. In addition, no retailers nor any consumer organisations have made themselves known during the investigation. This argument is therefore rejected.

| (104) | Concerning the alleged overstatement of the retail price by the Commission in the provisional Regulation (which would entail an underestimation of the effects that increases of PET had on the downstream industry), the retail prices have been re-investigated. However, they were found to be in the range presented in the provisional Regulation. This argument is therefore rejected. |
| --- | --- |

(104)

Concerning the alleged overstatement of the retail price by the Commission in the provisional Regulation (which would entail an underestimation of the effects that increases of PET had on the downstream industry), the retail prices have been re-investigated. However, they were found to be in the range presented in the provisional Regulation. This argument is therefore rejected.

| (105) | As concerns the risk of outsourcing, it is recalled that health regulations in respect of the bottling of mineral water require that preform bottles should be in principle produced at the place at which they are filled. Accordingly, preforms used by water producers are self-produced close to the blowing and filling lines. Hence, the risk for any outsourcing of preform/bottling capacity would be limited to the case of preforms for soft drinks producers, which account for only about 40 % of the total consumption of the product concerned. Furthermore, as noted in recital 99, it cannot be concluded that the interests of the preform/bottle converters would constitute a compelling reason against the imposition of anti-dumping measures. In these circumstances, the group's argument concerning the alleged risk for outsourcing of bottling/converting capacity is rejected. |
| --- | --- |

(105)

As concerns the risk of outsourcing, it is recalled that health regulations in respect of the bottling of mineral water require that preform bottles should be in principle produced at the place at which they are filled. Accordingly, preforms used by water producers are self-produced close to the blowing and filling lines. Hence, the risk for any outsourcing of preform/bottling capacity would be limited to the case of preforms for soft drinks producers, which account for only about 40 % of the total consumption of the product concerned. Furthermore, as noted in recital 99, it cannot be concluded that the interests of the preform/bottle converters would constitute a compelling reason against the imposition of anti-dumping measures. In these circumstances, the group's argument concerning the alleged risk for outsourcing of bottling/converting capacity is rejected.

| (106) | In the absence of any new information submitted in addition to the above, the findings as set out in recitals 197 to 202 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(106)

In the absence of any new information submitted in addition to the above, the findings as set out in recitals 197 to 202 of the provisional Regulation are hereby confirmed.

4.4.   The soft drink producers

| (107) | In the absence of any new information submitted with respect of the interest of the soft drink producers, the findings as set out in recitals 203 to 206 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(107)

In the absence of any new information submitted with respect of the interest of the soft drink producers, the findings as set out in recitals 203 to 206 of the provisional Regulation are hereby confirmed.

4.5.   Shortages of PET in the Community market

| (108) | In the absence of any new information submitted with respect of the claimed shortages of PET in the Community market, the findings as set out in recitals 207 to 209 of the provisional Regulation are hereby confirmed. |
| --- | --- |

(108)

In the absence of any new information submitted with respect of the claimed shortages of PET in the Community market, the findings as set out in recitals 207 to 209 of the provisional Regulation are hereby confirmed.

5.   CONCLUSION ON COMMUNITY INTEREST

| (109) | In view of the conclusions drawn in the provisional Regulation and taking into account the submissions made by the various parties, it is concluded that there are no compelling reasons not to impose definitive anti-dumping measures against dumped imports of PET originating in the countries concerned. |
| --- | --- |

(109)

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

G.   DEFINITIVE ANTI-DUMPING MEASURES

| (110) | Based on the methodology explained in recitals 212 to 215 of the provisional Regulation, an injury elimination level was calculated for the purposes of establishing the level of measures to be imposed. |
| --- | --- |

(110)

Based on the methodology explained in recitals 212 to 215 of the provisional Regulation, an injury elimination level was calculated for the purposes of establishing the level of measures to be imposed.

| (111) | When calculating the injury margin in the provisional Regulation, the target profit for the Community industry was set at 7 %, a level which originated from the investigation leading to the imposition of anti-dumping measures on imports of the product concerned originating in, inter alia, India in 2000. It was, at that time, based on an estimate on the level of profit that the Community industry could expect in the absence of dumping and a level which was considered necessary to ensure the viability of the industry. |
| --- | --- |

(111)

When calculating the injury margin in the provisional Regulation, the target profit for the Community industry was set at 7 %, a level which originated from the investigation leading to the imposition of anti-dumping measures on imports of the product concerned originating in, inter alia, India in 2000. It was, at that time, based on an estimate on the level of profit that the Community industry could expect in the absence of dumping and a level which was considered necessary to ensure the viability of the industry.

inter alia

| (112) | However, in the present investigation, it was found, based on evidence, that a profit level of 7,6 % could be achieved in the absence of dumping. Hence, it is considered that a target profit of 7,6 % is more appropriate when calculating the injury margin rather than 7 % used in the provisional Regulation. |
| --- | --- |

(112)

However, in the present investigation, it was found, based on evidence, that a profit level of 7,6 % could be achieved in the absence of dumping. Hence, it is considered that a target profit of 7,6 % is more appropriate when calculating the injury margin rather than 7 % used in the provisional Regulation.

| (113) | In the absence of any new comments on this subject, other than to the amendment above, the methodology set out in recitals 212 to 215 of the provisional Regulation is hereby confirmed. |
| --- | --- |

(113)

In the absence of any new comments on this subject, other than to the amendment above, the methodology set out in recitals 212 to 215 of the provisional Regulation is hereby confirmed.

1.   DEFINITIVE MEASURES

| (114) | In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level of the dumping margin calculated, since they were in all cases lower than the injury margins. |
| --- | --- |

(114)

In the light of the foregoing and in accordance with Article 9(4) of the basic Regulation, a definitive anti-dumping duty should be imposed at the level of the dumping margin calculated, since they were in all cases lower than the injury margins.

| (115) | On the basis of the above, the definitive duties should be as follows:










  Country | Company | Injury elimination margin | Dumping margin | Anti-dumping duty rate | Proposed anti-dumping duty |
| --- | --- | --- | --- | --- | --- | --- |
| Australia | Leading Synthetics Pty Ltd | 19,8  % | 7,8  % | 7,8  % | EUR 66 /t |
| Novapex Australia Pty Ltd | 26,3  % | 15,9  % | 15,9  % | EUR 128 /t |
| All other companies | 26,3  % | 15,9  % | 15,9  % | EUR 128 /t |
| PRC | Sinopec Yizheng Chemical Fibre Company Ltd | 27,3  % | 22,9  % | 22,9  % | EUR 184 /t |
| Changzhou Worldbest Radici Co. Ltd | 27,1  % | 0  % | 0  % | EUR 0 /t |
| Jiangyin Xingye Plastic Co. Ltd | 20,9  % | 18,4  % | 18,4  % | EUR 157 /t |
| Far Eastern Industries Shanghai Ltd | 21,2  % | 2,6  % | 2,6  % | EUR 22 /t |
| Yuhua Polyester Co. Ltd. of Zhuhai | 27,3  % | 22,9  % | 22,9  % | EUR 184 /t |
| Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd | 27,3  % | 22,9  % | 22,9  % | EUR 184 /t |
| Yibin Wuliangye Group Push Co. Ltd. (Sichuan) and Yibin Wuliangye Group Import & Export Co. Ltd (Sichuan) | 27,3  % | 22,9  % | 22,9  % | EUR 184 /t |
| Hubei Changfeng Chemical Fibres Industry Co. Ltd | 26,2  % | 18,5  % | 18,5  % | EUR 151 /t |
| All other companies | 27,3  % | 22,9  % | 22,9  % | EUR 184 /t |
| Pakistan | Gatron (Industries) Ltd | 22,1  % | 0  % | 0  % | EUR 0 /t |
| Novatex Ltd | 22,1  % | 0  % | 0  % | EUR 0 /t |
| All other companies | 22,1  % | 0  % | 0  % | EUR 0 /t |

(115)

On the basis of the above, the definitive duties should be as follows:

Country

Company

Injury elimination margin

Dumping margin

Anti-dumping duty rate

Proposed anti-dumping duty

Australia

Leading Synthetics Pty Ltd

19,8  %

7,8  %

7,8  %

EUR 66 /t

Novapex Australia Pty Ltd

26,3  %

15,9  %

15,9  %

EUR 128 /t

All other companies

26,3  %

15,9  %

15,9  %

EUR 128 /t

PRC

Sinopec Yizheng Chemical Fibre Company Ltd

27,3  %

22,9  %

22,9  %

EUR 184 /t

Changzhou Worldbest Radici Co. Ltd

27,1  %

0  %

0  %

EUR 0 /t

Jiangyin Xingye Plastic Co. Ltd

20,9  %

18,4  %

18,4  %

EUR 157 /t

Far Eastern Industries Shanghai Ltd

21,2  %

2,6  %

2,6  %

EUR 22 /t

Yuhua Polyester Co. Ltd. of Zhuhai

27,3  %

22,9  %

22,9  %

EUR 184 /t

Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd

27,3  %

22,9  %

22,9  %

EUR 184 /t

Yibin Wuliangye Group Push Co. Ltd. (Sichuan) and Yibin Wuliangye Group Import & Export Co. Ltd (Sichuan)

27,3  %

22,9  %

22,9  %

EUR 184 /t

Hubei Changfeng Chemical Fibres Industry Co. Ltd

26,2  %

18,5  %

18,5  %

EUR 151 /t

All other companies

27,3  %

22,9  %

22,9  %

EUR 184 /t

Pakistan

Gatron (Industries) Ltd

22,1  %

0  %

0  %

EUR 0 /t

Novatex Ltd

22,1  %

0  %

0  %

EUR 0 /t

All other companies

22,1  %

0  %

0  %

EUR 0 /t

| (116) | The individual anti-dumping duty rates specified in this Regulation were established on the basis of the findings of the present investigation. Therefore, they reflect the situation found during that investigation with respect to these companies. These duty rates (as opposed to the countrywide duty applicable to ‘all other companies’) are thus exclusively applicable to imports of products originating in the country concerned and produced by the companies specifically mentioned. Imported products produced by any other company not specifically mentioned by its name and address in the operative part of this Regulation, including entities related to those specifically mentioned, cannot benefit from these rates and shall be subject to the duty rate applicable to ‘all other companies’. |
| --- | --- |

(116)

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

| (117) | Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting-up of new production or sales entities) should be addressed to the Commission (5) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with e.g. 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. |
| --- | --- |

(117)

Any claim requesting the application of these individual anti-dumping duty rates (e.g. following a change in the name of the entity or following the setting-up of new production or sales entities) should be addressed to the Commission (5) forthwith with all relevant information, in particular any modification in the company's activities linked to production, domestic and export sales associated with e.g. 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.

5

| (118) | As mentioned in recital 162 in the provisional Regulation, PET prices can and do fluctuate in line with fluctuations in crude oil prices, but this should not of itself entail a higher duty. It was therefore considered appropriate to impose duties in the form of a specific amount per tonne. These amounts result from the application of the anti-dumping duty rate to the cif export prices Used for the calculation of the injury elimination level. |
| --- | --- |

(118)

As mentioned in recital 162 in the provisional Regulation, PET prices can and do fluctuate in line with fluctuations in crude oil prices, but this should not of itself entail a higher duty. It was therefore considered appropriate to impose duties in the form of a specific amount per tonne. These amounts result from the application of the anti-dumping duty rate to the cif export prices Used for the calculation of the injury elimination level.

2.   UNDERTAKINGS

| (119) | Subsequent to the adoption of provisional anti-dumping measures, one cooperating exporting producer in Australia offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking, the exporting producer in question has offered to sell the product concerned at or above price levels that eliminate the injurious effect of dumping. |
| --- | --- |

(119)

Subsequent to the adoption of provisional anti-dumping measures, one cooperating exporting producer in Australia offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking, the exporting producer in question has offered to sell the product concerned at or above price levels that eliminate the injurious effect of dumping.

| (120) | The Commission, by Decision 2004/600/EC (6) accepted the undertaking offered by the exporting producer concerned. The reasons for accepting this undertaking are set out in that Decision. |
| --- | --- |

(120)

The Commission, by Decision 2004/600/EC (6) accepted the undertaking offered by the exporting producer concerned. The reasons for accepting this undertaking are set out in that Decision.

6

3.   COLLECTION OF PROVISIONAL DUTIES

| (121) | In view of the magnitude of the dumping margins found and in the light of the level of the material injury caused to the Community industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by Regulation (EC) No 306/2004, should be collected at the rate of the duty definitely imposed. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties should be definitively collected, |
| --- | --- |

(121)

In view of the magnitude of the dumping margins found and in the light of the level of the material injury caused to the Community industry, it is considered necessary that the amounts secured by way of the provisional anti-dumping duty, imposed by Regulation (EC) No 306/2004, should be collected at the rate of the duty definitely imposed. Where the definitive duties are higher than the provisional duties, only the amounts secured at the level of the provisional duties should be definitively collected,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of polyethylene terephthalate having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, classified under CN code 3907 60 20 and originating in Australia, the People's Republic of China and Pakistan.

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

| Country | Company | Anti-dumping duty
  (EUR/t) | TARIC additional code |
| --- | --- | --- | --- |
| Australia | Leading Synthetics Pty Ltd | 66 | A503 |
| Novapex Australia Pty Ltd | 128 | A504 |
| All other companies | 128 | A999 |
| PRC | Sinopec Yizheng Chemical Fibre Company Ltd | 184 | A505 |
| Changzhou Worldbest Radici Co. Ltd | 0 | A506 |
| Jiangyin Xingye Plastic Co. Ltd | 157 | A507 |
| Far Eastern Industries Shanghai Ltd | 22 | A508 |
| Yuhua Polyester Co. Ltd. of Zhuhai | 184 | A509 |
| Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd | 184 | A511 |
| Yibin Wuliangye Group Push Co. Ltd (Sichuan) and Yibin Wuliangye Group Import & Export Co. Ltd (Sichuan) | 184 | A512 |
| Hubei Changfeng Chemical Fibres Industry Co. Ltd | 151 | A513 |
| All other companies | 184 | A999 |
| Pakistan | Gatron (Industries) Ltd | 0 | A514 |
| Novatex Ltd | 0 | A515 |
| All other companies | 0 | A999 |

Country

Company

Anti-dumping duty

(EUR/t)

TARIC additional code

Australia

Leading Synthetics Pty Ltd

66

A503

Novapex Australia Pty Ltd

128

A504

All other companies

128

A999

PRC

Sinopec Yizheng Chemical Fibre Company Ltd

184

A505

Changzhou Worldbest Radici Co. Ltd

0

A506

Jiangyin Xingye Plastic Co. Ltd

157

A507

Far Eastern Industries Shanghai Ltd

22

A508

Yuhua Polyester Co. Ltd. of Zhuhai

184

A509

Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd

184

A511

Yibin Wuliangye Group Push Co. Ltd (Sichuan) and Yibin Wuliangye Group Import & Export Co. Ltd (Sichuan)

184

A512

Hubei Changfeng Chemical Fibres Industry Co. Ltd

151

A513

All other companies

184

A999

Pakistan

Gatron (Industries) Ltd

0

A514

Novatex Ltd

0

A515

All other companies

0

A999

3.   The application of the individual duty rates specified for the 16 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 1. If no such invoice is presented, the duty rate applicable to all other companies shall apply.

4.   In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code (7) the amount of anti-dumping duty, calculated on the basis of paragraph 2, shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or payable.

5.   Notwithstanding the provisions in paragraph 2, the definitive duty shall not apply to imports declared for release into free circulation in accordance with the provisions of Article 2.

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

Article 2

Imports declared for release into free circulation by companies which offered undertakings accepted by and named in Commission Decision 2004/600/EC shall be exempt from the anti-dumping duties imposed by Article 1, provided that they are manufactured, shipped and invoiced directly by the said companies to the first independent customer in the Community; and provided that such imports are accompanied by a commercial invoice containing at least the elements listed in Annex 2. Exemption from the duty shall further be conditional on the goods declared and presented to customs corresponding precisely to the description on the commercial invoice.

Article 3

Amounts secured by way of provisional anti-dumping duty pursuant to Regulation (EC) No 306/2004 on imports of polyethylene terephthalate falling within CN Code 3907 60 20 originating in Australia, the People's Republic of China and Pakistan shall be definitively collected at the rate definitively imposed by the present Regulation. The amounts secured in excess of the definitive rate of anti-dumping duties shall be released.

A correction of the provisional anti-dumping duty imposed on imports of polyethylene terephthalate falling within CN Code 3907 60 20 originating in the People's Republic of China shall apply for the following companies, since the corrected duty would have been lower than the provisional duty imposed:

| Country | Company | Provisional anti-dumping duty as imposed by Regulation (EC) No 306/2004
  (EUR/t) | Corrected provisional anti-dumping duty | TARIC additional code |
| --- | --- | --- | --- | --- |
| PRC | Yuhua Polyester Co. Ltd of Zhuhai | 188 | 183 | A509 |
| Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd | 191 | 183 | A511 |

Country

Company

Provisional anti-dumping duty as imposed by Regulation (EC) No 306/2004

(EUR/t)

Corrected provisional anti-dumping duty

TARIC additional code

PRC

Yuhua Polyester Co. Ltd of Zhuhai

188

183

A509

Guangdong Kaiping Polyester Enterprises Group Co. and Guangdong Kaiping Chunhui Co. Ltd

191

183

A511

The provisional anti-dumping duty imposed on these companies shall only be definitively collected at the rate of the corrected provisional anti-dumping duty.

Article 4

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

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

Done at Brussels, 13 August 2004.

For the Council

The President

B. BOT

---

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

1

(2)  
  OJ L 52, 21.2.2004, p. 5.

2

(3)  
  OJ C 120, 22.5.2003, p. 13.

3

(4)  Commission Regulation (EC) No 1742/2000 (OJ L 199, 5.8.2000, p. 48) and Council Regulation (EC) No 2604/2000 (OJ L 301, 30.11.2000, p. 21).

4

5

| European Commission |
| --- |
| Directorate-General for Trade |
| Direction B |
| Office J-79 5/16 |
| B-1049 Brussels. |

European Commission

Directorate-General for Trade

Direction B

Office J-79 5/16

B-1049 Brussels.

(6)  See page 38 of this Official Journal.

6

(7)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

7

---

ANNEX 1

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

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

1.

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

| 2. | the following declaration:

  ‘I, the undersigned, certify that the [volume] of polyethylene terephthalate sold for export to the European Community covered by this invoice was manufactured by [company name and address] [TARIC additional code] in [country]; I declare that the information provided in this invoice is complete and correct.’; |
| --- | --- |

2.

the following declaration:

‘I, the undersigned, certify that the [volume] of polyethylene terephthalate sold for export to the European Community covered by this invoice was manufactured by [company name and address] [TARIC additional code] in [country]; I declare that the information provided in this invoice is complete and correct.’;

| 3. | Date and signature. |
| --- | --- |

3.

Date and signature.

---

ANNEX 2

Elements to be indicated on the commercial invoice referred to in Article 2

The following elements shall be indicated in the commercial invoice accompanying sales of the product concerned, which are subject to an undertaking and for which an exemption to the anti-dumping duty is claimed:

| 1. | the heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’; |
| --- | --- |

1.

the heading ‘COMMERCIAL INVOICE ACCOMPANYING GOODS SUBJECT TO AN UNDERTAKING’;

| 2. | the name of the company referred to in Article 2, issuing the commercial invoice; |
| --- | --- |

2.

the name of the company referred to in Article 2, issuing the commercial invoice;

| 3. | the commercial invoice number; |
| --- | --- |

3.

the commercial invoice number;

| 4. | the date of issue of the commercial invoice; |
| --- | --- |

4.

the date of issue of the commercial invoice;

| 5. | the TARIC additional code under which the goods on the invoice are to be customs cleared at the Community frontier; |
| --- | --- |

5.

the TARIC additional code under which the goods on the invoice are to be customs cleared at the Community frontier;

| 6. | the exact description of the goods, including:






  — | the product code number (PCN), |
| --- | --- | --- |

6.

the exact description of the goods, including:

—

the product code number (PCN),

| — | CN code, |
| --- | --- |

—

CN code,

| — | quantity (in tonnes); |
| --- | --- |

—

quantity (in tonnes);

| 7. | the description of the terms of the sale, including:






  — | price per tonne, |
| --- | --- | --- |

7.

the description of the terms of the sale, including:

—

price per tonne,

| — | the applicable payment terms, |
| --- | --- |

—

the applicable payment terms,

| — | the applicable delivery terms, |
| --- | --- |

—

the applicable delivery terms,

| — | total discounts and rebates; |
| --- | --- |

—

total discounts and rebates;

| 8. | the name of the company acting as an importer to which the invoice is issued directly by the company; |
| --- | --- |

8.

the name of the company acting as an importer to which the invoice is issued directly by the company;

| 9. | the name of the official of the company that has issued the commercial invoice and the following signed declaration:

  ‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by [company name and address], [TARIC additional code], and accepted by the European Commission through Decision 2004/600/EC. I declare that the information provided in this invoice is complete and correct.’ |
| --- | --- |

9.

the name of the official of the company that has issued the commercial invoice and the following signed declaration:

‘I, the undersigned, certify that the sale for direct export to the European Community of the goods covered by this invoice is being made within the scope and under the terms of the undertaking offered by [company name and address], [TARIC additional code], and accepted by the European Commission through Decision 2004/600/EC. I declare that the information provided in this invoice is complete and correct.’

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/18 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/18

---

COMMISSION REGULATION (EC) No 1468/2004

of 18 August 2004

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 19 August 2004.

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

Done at Brussels, 18 August 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

---

ANNEX

to Commission Regulation of 18 August 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0707 00 05 | 052 | 104,2 |
| 999 | 104,2 |
| 0709 90 70 | 052 | 82,1 |
| 999 | 82,1 |
| 0805 50 10 | 382 | 55,0 |
| 388 | 61,2 |
| 524 | 76,0 |
| 528 | 47,2 |
| 999 | 59,9 |
| 0806 10 10 | 052 | 84,3 |
| 400 | 179,7 |
| 624 | 145,8 |
| 999 | 136,6 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 78,5 |
| 400 | 105,3 |
| 404 | 115,9 |
| 508 | 60,9 |
| 512 | 84,7 |
| 528 | 91,8 |
| 720 | 53,0 |
| 800 | 162,8 |
| 804 | 79,0 |
| 999 | 92,4 |
| 0808 20 50 | 052 | 129,1 |
| 388 | 82,3 |
| 528 | 81,3 |
| 999 | 97,6 |
| 0809 30 10 , 0809 30 90 | 052 | 134,2 |
| 999 | 134,2 |
| 0809 40 05 | 052 | 101,8 |
| 066 | 41,8 |
| 093 | 37,5 |
| 094 | 33,4 |
| 624 | 142,5 |
| 999 | 71,4 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0707 00 05

052

104,2

999

104,2

0709 90 70

052

82,1

999

82,1

0805 50 10

382

55,0

388

61,2

524

76,0

528

47,2

999

59,9

0806 10 10

052

84,3

400

179,7

624

145,8

999

136,6

0808 10 20 , 0808 10 50 , 0808 10 90

388

78,5

400

105,3

404

115,9

508

60,9

512

84,7

528

91,8

720

53,0

800

162,8

804

79,0

999

92,4

0808 20 50

052

129,1

388

82,3

528

81,3

999

97,6

0809 30 10 , 0809 30 90

052

134,2

999

134,2

0809 40 05

052

101,8

066

41,8

093

37,5

094

33,4

624

142,5

999

71,4

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘
  999
  ’ stands for ‘of other origin’.

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/20 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/20

---

COMMISSION REGULATION (EC) No 1469/2004

of 18 August 2004

amending Regulation (EC) No 1555/96 as regards the trigger levels for additional duties on apples

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (1), and in particular Article 33(4) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (2) provides for surveillance of imports of the products listed in the Annex thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3). |
| --- | --- |

(1)

Commission Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables (2) provides for surveillance of imports of the products listed in the Annex thereto. That surveillance is to be carried out in accordance with the rules laid down in Article 308d of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (3).

| (2) | For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2001, 2002 and 2003, the trigger levels for additional duties on apples should be adjusted. |
| --- | --- |

(2)

For the purposes of Article 5(4) of the Agreement on Agriculture (4) concluded during the Uruguay Round of multilateral trade negotiations and in the light of the latest data available for 2001, 2002 and 2003, the trigger levels for additional duties on apples should be adjusted.

| (3) | As a result, Regulation (EC) No 1555/96 should be amended. |
| --- | --- |

(3)

As a result, Regulation (EC) No 1555/96 should be amended.

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

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1555/96 is hereby replaced by the Annex hereto.

Article 2

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

It shall apply from 1 September 2004.

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

Done at Brussels, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

1

(2)  
  OJ L 193, 3.8.1996, p. 1. Regulation as last amended by Regulation (EC) No 1056/2004 (OJ L 192, 29.5.2004, p. 20).

2

(3)  
  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

3

(4)  
  OJ L 336, 23.12.1994, p. 24.

4

---

ANNEX

‘ANNEX

Without prejudice to the rules governing the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined by the scope of the CN codes as they exist at the time of the adoption of this Regulation. Where “ex” appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and by the corresponding trigger period.

| Serial No | CN code | Description | Trigger period | Trigger level
  (tonnes) |
| --- | --- | --- | --- | --- |
| 78.0015 | ex 0702 00 00 | Tomatoes | — | 1 October to 31 May |

Serial No

CN code

Description

Trigger period

Trigger level

(tonnes)

78.0015

ex 0702 00 00

Tomatoes

—

1 October to 31 May

206 245

78.0020

| — | 1 June to 30 September |
| --- | --- |

—

1 June to 30 September

10 586

78.0065

ex 0707 00 05

Cucumbers

| — | 1 May to 31 October |
| --- | --- |

—

1 May to 31 October

11 924

78.0075

| — | 1 November to 30 April |
| --- | --- |

—

1 November to 30 April

8 560

78.0085

ex 0709 10 00

Artichokes

| — | 1 November to 30 June |
| --- | --- |

—

1 November to 30 June

1 357

78.0100

0709 90 70

Courgettes

| — | 1 January to 31 December |
| --- | --- |

—

1 January to 31 December

18 056

78.0110

ex 0805 10 10

Oranges

| — | 1 December to 31 May |
| --- | --- |

—

1 December to 31 May

404 503

ex 0805 10 30

ex 0805 10 50

78.0120

ex 0805 20 10

Clementines

| — | 1 November to end of February |
| --- | --- |

—

1 November to end of February

164 111

78.0130

ex 0805 20 30

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

| — | 1 November to end of February |
| --- | --- |

—

1 November to end of February

89 273

ex 0805 20 50

ex 0805 20 70

ex 0805 20 90

78.0155

ex 0805 50 10

Lemons

| — | 1 June to 31 December |
| --- | --- |

—

1 June to 31 December

342 761

78.0160

| — | 1 January to 31 May |
| --- | --- |

—

1 January to 31 May

12 938

78.0170

ex 0806 10 10

Table grapes

| — | 21 July to 20 November |
| --- | --- |

—

21 July to 20 November

227 815

78.0175

ex 0808 10 20

Apples

| — | 1 January to 31 August |
| --- | --- |

—

1 January to 31 August

730 623

ex 0808 10 50

ex 0808 10 90

78.0180

| — | 1 September to 31 December |
| --- | --- |

—

1 September to 31 December

32 246

78.0220

ex 0808 20 50

Pears

| — | 1 January to 30 April |
| --- | --- |

—

1 January to 30 April

257 158

78.0235

| — | 1 July to 31 December |
| --- | --- |

—

1 July to 31 December

27 497

78.0250

ex 0809 10 00

Apricots

| — | 1 June to 31 July |
| --- | --- |

—

1 June to 31 July

4 123

78.0265

ex 0809 20 95

Cherries, other than sour cherries

| — | 21 May to 10 August |
| --- | --- |

—

21 May to 10 August

32 863

78.0270

ex 0809 30

Peaches, including nectarines

| — | 11 June to 30 September |
| --- | --- |

—

11 June to 30 September

6 808

78.0280

ex 0809 40 05

Plums

| — | 11 June to 30 September |
| --- | --- |

—

11 June to 30 September

51 276 ’

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/22 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/22

---

COMMISSION REGULATION (EC) No 1470/2004

of 18 August 2004

setting, for the 2004/05 marketing year, the amount of aid for the cultivation of grapes intended for the production of certain varieties of dried grapes and of aid for replanting vineyards affected by phylloxera

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (1), and in particular Article 7(5) thereof,

Whereas:

| (1) | The second subparagraph of Article 7(1) of Regulation (EC) No 2201/96 establishes the criteria for setting the aid for the cultivation of grapes intended for the production of dried grapes of the sultana and Muscatel varieties and currants. |
| --- | --- |

(1)

The second subparagraph of Article 7(1) of Regulation (EC) No 2201/96 establishes the criteria for setting the aid for the cultivation of grapes intended for the production of dried grapes of the sultana and Muscatel varieties and currants.

| (2) | The third subparagraph of Article 7(1) of that Regulation states that the amount of aid may be differentiated according to grape variety. It also states that that amount may also be differentiated according to other factors which may affect yields. In the case of sultanas an additional differentiation should therefore be provided for, between areas affected by phylloxera and other areas. |
| --- | --- |

(2)

The third subparagraph of Article 7(1) of that Regulation states that the amount of aid may be differentiated according to grape variety. It also states that that amount may also be differentiated according to other factors which may affect yields. In the case of sultanas an additional differentiation should therefore be provided for, between areas affected by phylloxera and other areas.

| (3) | For the 2003/04 marketing year, verification of the areas used to grow the grapes referred to in the first subparagraph of Article 7(1) Regulation (EC) No 2201/96 has revealed no overrun of the maximum guaranteed area laid down in Article 2(1) of Commission Regulation (EC) No 1621/1999 of 22 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the aid for the cultivation of grapes to produce certain varieties of dried grapes (2). |
| --- | --- |

(3)

For the 2003/04 marketing year, verification of the areas used to grow the grapes referred to in the first subparagraph of Article 7(1) Regulation (EC) No 2201/96 has revealed no overrun of the maximum guaranteed area laid down in Article 2(1) of Commission Regulation (EC) No 1621/1999 of 22 July 1999 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the aid for the cultivation of grapes to produce certain varieties of dried grapes (2).

| (4) | The aid for the cultivation of those grapes should be determined for the 2004/05 marketing year. |
| --- | --- |

(4)

The aid for the cultivation of those grapes should be determined for the 2004/05 marketing year.

| (5) | The aid to be granted to producers replanting their vineyards in order to combat phylloxera under the conditions provided for in Article 7(4) of Regulation (EC) No 2201/96 should also be determined. |
| --- | --- |

(5)

The aid to be granted to producers replanting their vineyards in order to combat phylloxera under the conditions provided for in Article 7(4) of Regulation (EC) No 2201/96 should also be determined.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

1.   For the 2004/05 marketing year the cultivation aid referred to in Article 7(1) of Regulation (EC) No 2201/96 shall be:

| (a) | EUR 2 806 per hectare for areas under sultana grapes affected by phylloxera or replanted within the last five years; |
| --- | --- |

(a)

EUR 2 806 per hectare for areas under sultana grapes affected by phylloxera or replanted within the last five years;

| (b) | EUR 3 847 per hectare for other areas under sultana grapes; |
| --- | --- |

(b)

EUR 3 847 per hectare for other areas under sultana grapes;

| (c) | EUR 3 391 per hectare for areas under currant grapes; |
| --- | --- |

(c)

EUR 3 391 per hectare for areas under currant grapes;

| (d) | EUR 969 per hectare for areas under Muscatel grapes. |
| --- | --- |

(d)

EUR 969 per hectare for areas under Muscatel grapes.

2.   For the 2004/05 marketing year the replanting aid referred to in Article 7(4) of Regulation (EC) No 2201/96 shall be EUR 3 917 per hectare.

3.   In accordance with the second sentence of Article 7(4) of Regulation (EC) No 2201/96, the aid set in paragraph 1 of this Article shall not be paid where the aid set in paragraph 2 is paid.

Article 2

This Regulation shall enter into force on the third 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, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

1

(2)  
  OJ L 192, 24.7.1999, p. 21. Regulation as last amended by Regulation (EC) No 1880/2001 (OJ L 258, 27.9.2001, p. 14).

2

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/24 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/24

---

COMMISSION REGULATION (EC) No 1471/2004

of 18 August 2004

amending Annex XI to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the import of cervid products from Canada and the United States

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular the first paragraph of Article 23 thereof,

Whereas:

| (1) | Chronic wasting disease has been reported in farmed and wild deer and elk in Canada and the United States of America. So far, no native cases of the disease have been confirmed elsewhere. |
| --- | --- |

(1)

Chronic wasting disease has been reported in farmed and wild deer and elk in Canada and the United States of America. So far, no native cases of the disease have been confirmed elsewhere.

| (2) | In its opinion of 6 and 7 March 2003 the Scientific Steering Committee recommended reinforced protection of animal and public health in the Community from the risk posed by chronic wasting disease in cervids in Canada and the United States of America. |
| --- | --- |

(2)

In its opinion of 6 and 7 March 2003 the Scientific Steering Committee recommended reinforced protection of animal and public health in the Community from the risk posed by chronic wasting disease in cervids in Canada and the United States of America.

| (3) | As Canada and the United States of America do not appear on the list of third counties approved to export non-domestic ruminant animals to the Community laid down in Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2), the export of live cervids from these countries to the Community is already precluded. |
| --- | --- |

(3)

As Canada and the United States of America do not appear on the list of third counties approved to export non-domestic ruminant animals to the Community laid down in Council Decision 79/542/EEC drawing up a list of third countries or parts of third countries, and laying down animal and public health and veterinary certification conditions, for importation into the Community of certain live animals and their fresh meat (2), the export of live cervids from these countries to the Community is already precluded.

| (4) | Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC (3) specifies that only semen, ova and embryos of certain named species may be imported into the Community. Cervid species are not included. Therefore the import of semen, embryos and ova of cervid animals to the Community is already precluded. |
| --- | --- |

(4)

Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/EEC (3) specifies that only semen, ova and embryos of certain named species may be imported into the Community. Cervid species are not included. Therefore the import of semen, embryos and ova of cervid animals to the Community is already precluded.

| (5) | Measures should be introduced to minimise the potential public and animal health risk posed by the importation of fresh meat, meat products and meat preparations of farmed and wild cervids. |
| --- | --- |

(5)

Measures should be introduced to minimise the potential public and animal health risk posed by the importation of fresh meat, meat products and meat preparations of farmed and wild cervids.

| (6) | Regulation (EC) No 999/2001 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EC) No 999/2001 should therefore be amended accordingly.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex XI to Regulation (EC) No 999/2001 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2005.

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

Done at Brussels, 18 August 2004.

For the Commission

David BYRNE

Member of the Commission

---

(1)  
  OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 876/2004 (OJ L 162, 30.4.2004, p. 52).

1

(2)  
  OJ L 146, 14.6.1979, p. 15. Decision as last amended by Commission Decision 2004/554/EC (OJ L 248, 9.7.2004, p. 1).

2

(3)  
  OJ L 268, 14.9.1992, p. 54. Directive as last amended by Directive 2004/68/EC (OJ L 139, 30.4.2004, p. 320).

3

---

ANNEX

In part D of Annex XI, the following point 4 is added:

| ‘4. | (a) | When the farmed game meat defined by Council Directive 91/495/EEC (1), meat preparations defined by Council Directive 94/65/EC (2), and meat products defined by Council Directive 77/99/EEC (3), derived from farmed cervid animals, are imported into the Community from Canada or the United States of America, the health certificates shall be accompanied by a declaration signed by the competent authority of the country of production, worded as follows:

  “This product contains or is derived exclusively from meat, excluding offal and spinal cord, of cervid animals which have been examined for chronic wasting disease by histopathology, immunohistochemistry or other diagnostic method recognised by the competent authority with negative results and is not derived from animals coming from a herd where chronic wasting disease has been confirmed or is officially suspected.” |
| --- | --- | --- |

‘4.

(a)

When the farmed game meat defined by Council Directive 91/495/EEC (1), meat preparations defined by Council Directive 94/65/EC (2), and meat products defined by Council Directive 77/99/EEC (3), derived from farmed cervid animals, are imported into the Community from Canada or the United States of America, the health certificates shall be accompanied by a declaration signed by the competent authority of the country of production, worded as follows:

“This product contains or is derived exclusively from meat, excluding offal and spinal cord, of cervid animals which have been examined for chronic wasting disease by histopathology, immunohistochemistry or other diagnostic method recognised by the competent authority with negative results and is not derived from animals coming from a herd where chronic wasting disease has been confirmed or is officially suspected.”

| (b) | When game meat as defined by Council Directive 92/45/EEC (4), meat preparations defined by Council Directive 94/65/EC, and meat products defined by Council Directive 77/99/EEC, derived from wild cervid animals, is imported into the Community from Canada or the United States of America, the health certificate shall be accompanied by a declaration signed by the competent authority of the country of production, worded as follows:

  “This product contains or is derived exclusively from meat, excluding offal and spinal cord, of cervid animals which have been examined for chronic wasting disease by histopathology, immunohistochemistry or other diagnostic method recognised by the competent authority with negative results and is not derived from animals coming from a region where chronic wasting disease has been confirmed in the last three years or is officially suspected.”

  ’ |
| --- | --- |

(b)

When game meat as defined by Council Directive 92/45/EEC (4), meat preparations defined by Council Directive 94/65/EC, and meat products defined by Council Directive 77/99/EEC, derived from wild cervid animals, is imported into the Community from Canada or the United States of America, the health certificate shall be accompanied by a declaration signed by the competent authority of the country of production, worded as follows:

“This product contains or is derived exclusively from meat, excluding offal and spinal cord, of cervid animals which have been examined for chronic wasting disease by histopathology, immunohistochemistry or other diagnostic method recognised by the competent authority with negative results and is not derived from animals coming from a region where chronic wasting disease has been confirmed in the last three years or is officially suspected.”

---

(1)  
  OJ L 268 24.9.1991, p. 41.

1

(2)  
  OJ L 368, 31.12.1994, p. 10.

2

(3)  
  OJ L 26, 31.1.1977, p. 85.

3

(4)  
  OJ L 268, 14.9.1992, p. 35.”

4

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/26 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/26

---

COMMISSION REGULATION (EC) No 1472/2004

of 18 August 2004

amending Regulation (EC) No 1874/2003 approving the national scrapie control programmes of certain Member States, and defining additional guarantees, and granting derogations concerning breeding programmes for TSE resistance in sheep pursuant to Decision 2003/100/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular point (b)(ii) of Section 1 of Chapter A of Annex VIII thereof,

Whereas:

| (1) | Regulation (EC) No 999/2001 provides for the approval of national scrapie control programmes of Member States if they comply with certain criteria laid down in that Regulation. Regulation (EC) No 999/2001 also provides for the definition of any additional guarantees which may be required for intra-Community trade and imports in accordance with that Regulation. |
| --- | --- |

(1)

Regulation (EC) No 999/2001 provides for the approval of national scrapie control programmes of Member States if they comply with certain criteria laid down in that Regulation. Regulation (EC) No 999/2001 also provides for the definition of any additional guarantees which may be required for intra-Community trade and imports in accordance with that Regulation.

| (2) | Commission Decision 2003/100/EC of 13 February 2003 laying down minimum requirements for the establishment of breeding programmes for resistance to transmissible spongiform encephalopathies in sheep (2), provides that each Member State is to introduce a breeding programme to select for resistance to TSEs in certain sheep breeds. Decision 2003/100/EC also provides for a possibility to derogate from the requirement for Member States to establish a breeding programme on the basis of their national scrapie control programme submitted and approved in accordance with Regulation (EC) No 999/2001, where it provides for the continuous active monitoring of dead-on-farm ovine and caprine animals in all flocks in that Member State. |
| --- | --- |

(2)

Commission Decision 2003/100/EC of 13 February 2003 laying down minimum requirements for the establishment of breeding programmes for resistance to transmissible spongiform encephalopathies in sheep (2), provides that each Member State is to introduce a breeding programme to select for resistance to TSEs in certain sheep breeds. Decision 2003/100/EC also provides for a possibility to derogate from the requirement for Member States to establish a breeding programme on the basis of their national scrapie control programme submitted and approved in accordance with Regulation (EC) No 999/2001, where it provides for the continuous active monitoring of dead-on-farm ovine and caprine animals in all flocks in that Member State.

| (3) | Commission Regulation (EC) No 1874/2003 (3) approved the national scrapie control programmes of Denmark and Sweden. |
| --- | --- |

(3)

Commission Regulation (EC) No 1874/2003 (3) approved the national scrapie control programmes of Denmark and Sweden.

| (4) | On 28 March 2004, Finland has submitted a national scrapie control programme which is considered to meet the required criteria set out in Regulation (EC) No 999/2001 and Finland is likely to have a low prevalence of scrapie in its territory. Accordingly, the national scrapie control programme of Finland should be approved. |
| --- | --- |

(4)

On 28 March 2004, Finland has submitted a national scrapie control programme which is considered to meet the required criteria set out in Regulation (EC) No 999/2001 and Finland is likely to have a low prevalence of scrapie in its territory. Accordingly, the national scrapie control programme of Finland should be approved.

| (5) | On the basis of its national scrapie control programme, Finland should be granted a derogation from the breeding programme provided for in Decision 2003/100/EC. Furthermore, the additional trade guarantees required by Annex VIII, Chapter A and Annex IX, Chapter E to Regulation (EC) No 999/2001 and set out in Regulation (EC) No 1874/2003, as well all other provisions provided for in that Regulation should apply as concerns Finland. |
| --- | --- |

(5)

On the basis of its national scrapie control programme, Finland should be granted a derogation from the breeding programme provided for in Decision 2003/100/EC. Furthermore, the additional trade guarantees required by Annex VIII, Chapter A and Annex IX, Chapter E to Regulation (EC) No 999/2001 and set out in Regulation (EC) No 1874/2003, as well all other provisions provided for in that Regulation should apply as concerns Finland.

| (6) | Regulation (EC) No 1874/2003 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EC) No 1874/2003 should therefore be amended accordingly.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 1874/2003 is replaced by the text in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 18 August 2004.

For the Commission

David BYRNE

Member of the Commission

---

(1)  
  OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 876/2004 (OJ L 162, 30.4.2004, p. 52).

1

(2)  
  OJ L 41, 14.2.2003, p. 41.

2

(3)  
  OJ L 275, 25.10.2003, p. 12.

3

---

ANNEX

‘ANNEX

Member States whose national scrapie control programme has been approved

| Denmark |
| --- |

Denmark

| Finland |
| --- |

Finland

| Sweden.’ |
| --- |

Sweden.’

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/28 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/28

---

COMMISSION REGULATION (EC) No 1473/2004

of 18 August 2004

fixing the storage aid for unprocessed dried grapes and unprocessed dried figs from the 2003/2004 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the market in products processed from fruit and vegetables (1), and in particular Article 9(8) thereof,

Whereas:

| (1) | Article 9(4) of Regulation (EC) No 2201/96 provides for aid to be granted to storage agencies for the quantities of sultanas, currants and dried figs that they buy in and for the actual duration of storage. |
| --- | --- |

(1)

Article 9(4) of Regulation (EC) No 2201/96 provides for aid to be granted to storage agencies for the quantities of sultanas, currants and dried figs that they buy in and for the actual duration of storage.

| (2) | Article 3 of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing years. |
| --- | --- |

(2)

Article 3 of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (2), lays down the dates of the marketing years.

| (3) | The storage aid for unprocessed dried grapes and unprocessed dried figs from the 2003/04 marketing year should be fixed and, to that end, account should be taken of Article 7 of Commission Regulation (EC) No 1622/1999 of 23 July 1999 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the scheme for the storage of unprocessed dried grapes and unprocessed dried figs (3) and of the fact that the storage aid is to be calculated on the basis of the technical cost of storage and of financing the buying-in price paid for the products. |
| --- | --- |

(3)

The storage aid for unprocessed dried grapes and unprocessed dried figs from the 2003/04 marketing year should be fixed and, to that end, account should be taken of Article 7 of Commission Regulation (EC) No 1622/1999 of 23 July 1999 laying down detailed rules for applying Council Regulation (EC) No 2201/96 as regards the scheme for the storage of unprocessed dried grapes and unprocessed dried figs (3) and of the fact that the storage aid is to be calculated on the basis of the technical cost of storage and of financing the buying-in price paid for the products.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Products Processed from Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

For products from the 2003/2004 marketing year, the storage aid provided for in Article 9(4) of Regulation (EC) No 2201/96 shall be:

| (a) | EUR 0,1106 per day and per tonne net weight until 28 February 2005 and EUR 0,0846 per day and per tonne net weight from 1 March 2005 for dried grapes, |
| --- | --- |

(a)

EUR 0,1106 per day and per tonne net weight until 28 February 2005 and EUR 0,0846 per day and per tonne net weight from 1 March 2005 for dried grapes,

| (b) | EUR 0,0949 per day and per tonne net weight for dried figs. |
| --- | --- |

(b)

EUR 0,0949 per day and per tonne net weight for dried figs.

Article 2

This Regulation shall enter into force on the third 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, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

1

(2)  
  OJ L 218, 29.8.2003, p. 14. Regulation as last amended by Regulation (EC) No 1132/2004 (OJ L 219, 19.6.2004, p. 3).

2

(3)  
  OJ L 192, 24.7.1999, p. 33.

3

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/29 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/29

---

COMMISSION REGULATION (EC) No 1474/2004

of 18 August 2004

amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds (1), and in particular Article 19 thereof,

Whereas:

| (1) | Germany has designated two authorities as Community authority and has informed the Commission thereof. The Commission concluded that sufficient evidence was provided that these authorities can reliably, timely, effectively and adequately fulfil the tasks required by Chapters II, III and V of Regulation (EC) No 2368/2002. |
| --- | --- |

(1)

Germany has designated two authorities as Community authority and has informed the Commission thereof. The Commission concluded that sufficient evidence was provided that these authorities can reliably, timely, effectively and adequately fulfil the tasks required by Chapters II, III and V of Regulation (EC) No 2368/2002.

| (2) | The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 22 of Regulation (EC) No 2368/2002, |
| --- | --- |

(2)

The measures provided for in this Regulation are in accordance with the opinion of the Committee referred to in Article 22 of Regulation (EC) No 2368/2002,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 2368/2002 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 18 August 2004.

For the Commission

Christopher PATTEN

Member of the Commission

---

(1)  
  OJ L 358, 31.12.2002, p. 28. Regulation as last amended by Commission Regulation (EC) 1459/2004 (OJ L 269, 17.8.2004, p. 26).

1

---

ANNEX

Annex III to Regulation (EC) No 2368/2002 is amended as follows:

| | The following text is added at the end of Annex III to Regulation (EC) No 2368/2002:







  ‘3. | Hauptzollamt Koblenz |
| --- | --- | --- |
| — Zollamt Idar-Oberstein — |
| Zertifizierungsstelle für Rohdiamanten |
| Hauptstraße 197 |
| D-55743 Idar-Oberstein |
| Deutschland |
| Tel. (49-6781) 56 27-0 |
| Fax: (49-6781) 56 27-19 |
| e-mail: zaio@hzako.bfinv.de’ |

The following text is added at the end of Annex III to Regulation (EC) No 2368/2002:

‘3.

Hauptzollamt Koblenz

— Zollamt Idar-Oberstein —

Zertifizierungsstelle für Rohdiamanten

Hauptstraße 197

D-55743 Idar-Oberstein

Deutschland

Tel. (49-6781) 56 27-0

Fax: (49-6781) 56 27-19

e-mail: zaio@hzako.bfinv.de’

| | For the purposes of Articles 5(3), 6, 9, 10, 14(3), 15 and 17 of Regulation (EC) No 2368/2002 the competent authority in Germany will be the following:







  ‘Oberfinanzdirektion Koblenz |
| --- | --- |
| — Zoll- und Verbrauchsteuerabteilung — |
| Vorort Außenwirtschaftsrecht |
| Postfach 10 07 64 |
| D-67407 Neustadt a. d. Weinstr. |
| Deutschland |
| Tel. (49-6321) 894-0 |
| Fax: (49-6321) 894-850 |
| e-mail: diamond.cert@ofdko-nw.bfinv.de’ |

For the purposes of Articles 5(3), 6, 9, 10, 14(3), 15 and 17 of Regulation (EC) No 2368/2002 the competent authority in Germany will be the following:

‘Oberfinanzdirektion Koblenz

— Zoll- und Verbrauchsteuerabteilung —

Vorort Außenwirtschaftsrecht

Postfach 10 07 64

D-67407 Neustadt a. d. Weinstr.

Deutschland

Tel. (49-6321) 894-0

Fax: (49-6321) 894-850

e-mail: diamond.cert@ofdko-nw.bfinv.de’

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/31 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/31

---

COMMISSION REGULATION (EC) No 1475/2004

of 18 August 2004

amending Regulation (EC) No 596/2004 laying down detailed rules for implementing the system of export licences in the egg sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Articles 3(2) and 8(13) thereof,

Whereas:

| (1) | The economic situation on the export markets for eggs and egg products varies widely. The conditions on which export refunds are granted for products in this sector should therefore be specified. |
| --- | --- |

(1)

The economic situation on the export markets for eggs and egg products varies widely. The conditions on which export refunds are granted for products in this sector should therefore be specified.

| (2) | In order to attain more effectively the objectives of adjustment of the method for the allocation of the quantities which may be exported with a refund and the most efficient possible use of the resources available, as referred to in Article 8(2) of Regulation (EEC) No 2771/75, it would be advisable to extend the circumstances, provided for in Article 3(4) of Commission Regulation (EC) No 596/2004 (2), in which the Commission may take steps to restrict the issue of export licences or the lodging of applications for such licences during the reflection period for which provision is made following the lodging of applications. |
| --- | --- |

(2)

In order to attain more effectively the objectives of adjustment of the method for the allocation of the quantities which may be exported with a refund and the most efficient possible use of the resources available, as referred to in Article 8(2) of Regulation (EEC) No 2771/75, it would be advisable to extend the circumstances, provided for in Article 3(4) of Commission Regulation (EC) No 596/2004 (2), in which the Commission may take steps to restrict the issue of export licences or the lodging of applications for such licences during the reflection period for which provision is made following the lodging of applications.

| (3) | The circumstances in which these measures may be taken by destination should also be laid down. |
| --- | --- |

(3)

The circumstances in which these measures may be taken by destination should also be laid down.

| (4) | Regulation (EC) No 596/2004 should therefore be amended accordingly. |
| --- | --- |

(4)

Regulation (EC) No 596/2004 should therefore be amended accordingly.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
| --- | --- |

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 3 of Regulation (EC) No 596/2004 is hereby amended as follows:

| 1. | Paragraph 4 is replaced by the following:

  ‘4.   Where the issue of export licences would or might result in the available budgetary amounts being exceeded or in the maximum quantities which may be exported with a refund being exhausted during the period concerned, in view of the limits referred to in Article 8(12) of Regulation (EEC) No 2771/75, or would not allow exports to continue during the remainder of the period, the Commission may:






  (a) | set a single acceptance percentage for the quantities applied for; |
| --- | --- | --- |

1.

Paragraph 4 is replaced by the following:

‘4.   Where the issue of export licences would or might result in the available budgetary amounts being exceeded or in the maximum quantities which may be exported with a refund being exhausted during the period concerned, in view of the limits referred to in Article 8(12) of Regulation (EEC) No 2771/75, or would not allow exports to continue during the remainder of the period, the Commission may:

(a)

set a single acceptance percentage for the quantities applied for;

| (b) | reject applications for which licences have not yet been granted; |
| --- | --- |

(b)

reject applications for which licences have not yet been granted;

| (c) | suspend the lodging of licence applications for a maximum period of five working days, extendable by the procedure specified in Article 17 of Regulation (EEC) No 2771/75. |
| --- | --- |

(c)

suspend the lodging of licence applications for a maximum period of five working days, extendable by the procedure specified in Article 17 of Regulation (EEC) No 2771/75.

Licence applications made during the suspension period shall be invalid.

The measures provided for in the first subparagraph may be implemented or modulated by category of product and by destination.’

| 2. | The following paragraph 4a is inserted:

  ‘4a   The measures provided for in paragraph 4 may also be adopted where export licence applications relate to quantities which exceed or might exceed the normal disposable quantities for one destination and issuing the licences requested would entail a risk of speculation, distortion of competition between operators, or disturbance of the trade concerned or the Community market.’ |
| --- | --- |

2.

The following paragraph 4a is inserted:

‘4a   The measures provided for in paragraph 4 may also be adopted where export licence applications relate to quantities which exceed or might exceed the normal disposable quantities for one destination and issuing the licences requested would entail a risk of speculation, distortion of competition between operators, or disturbance of the trade concerned or the Community market.’

Article 2

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

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

Done at Brussels, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

1

(2)  
  OJ L 94, 31.3.2004, p. 33.

2

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/33 |
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19.8.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1476/2004

of 18 August 2004

amending Regulation (EC) No 97/2004 correcting Regulations (EC) No 2281/2003 and (EC) No 2299/2003 determining the world market price for unginned cotton

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of Greece, and in particular Protocol 4 on cotton (1),

Having regard to Council Regulation (EC) No 1051/2001 of 22 May 2001 on production aid for cotton (2), and in particular Article 4 thereof,

Whereas:

| (1) | Owing to an error, Regulation (EC) No 97/2004 (3) is applicable at the request of interested parties. This error needs to be corrected. |
| --- | --- |

(1)

Owing to an error, Regulation (EC) No 97/2004 (3) is applicable at the request of interested parties. This error needs to be corrected.

| (2) | Since the need to correct this error is urgent, this Regulation should enter into force on the day of its publication, |
| --- | --- |

(2)

Since the need to correct this error is urgent, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 97/2004 is hereby amended as follows: the words ‘at the request of the interested party’ in the second and third paragraphs of Article 3 are deleted.

Article 2

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

It shall apply from 22 January 2004.

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

Done at Brussels, 18 August 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture

---

(1)  Protocol as last amended by Council Regulation (EC) No 1050/2001 (OJ L 148, 1.6.2001, p. 1).

1

(2)  
  OJ L 148, 1.6.2001, p. 3.

2

(3)  
  OJ L 15, 22.1.2004, p. 12.

3

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/34 |
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Official Journal of the European Union

L 271/34

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COMMISSION REGULATION (EC) No 1477/2004

of 18 August 2004

on granting of import licences for cane sugar for the purposes of certain tariff quotas and preferential agreements

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1),

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (2),

Having regard to Commission Regulation (EC) No 1159/2003 of 30 June 2003 laying down detailed rules of application for the 2003/04, 2004/05 and 2005/06 marketing years for the import of cane sugar under certain tariff quotas and preferential agreements and amending Regulations (EC) No 1464/95 and (EC) No 779/96 (3), and in particular Article 5(3) thereof,

Whereas:

| (1) | Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India. |
| --- | --- |

(1)

Article 9 of Regulation (EC) No 1159/2003 stipulates how the delivery obligations at zero duty of products of CN code 1701, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

| (2) | Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India. |
| --- | --- |

(2)

Article 16 of Regulation (EC) No 1159/2003 stipulates how the zero duty tariff quotas for products of CN code 1701 11 10, expressed in white sugar equivalent, are to be determined for imports originating in signatory countries to the ACP Protocol and the Agreement with India.

| (3) | Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries. |
| --- | --- |

(3)

Article 22 of Regulation (EC) No 1159/2003 opens tariff quotas at a duty of EUR 98 per tonne for products of CN code 1701 11 10 for imports originating in Brazil, Cuba and other third countries.

| (4) | In the week of 9 to 13 August 2004 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation. |
| --- | --- |

(4)

In the week of 9 to 13 August 2004 applications were presented to the competent authorities in line with Article 5(1) of Regulation (EC) No 1159/2003 for import licences for a total quantity exceeding a country's delivery obligation quantity of ACP-India preferential sugar determined pursuant to Article 9 of that Regulation.

| (5) | In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached, |
| --- | --- |

(5)

In these circumstances the Commission must set reduction coefficients to be used so that licences are issued for quantities scaled down in proportion to the total available and must indicate that the limit in question has been reached,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of import licence applications presented from 9 to 13 August 2004 in line with Article 5(1) of Regulation (EC) No 1159/2003 licences shall be issued for the quantities indicated in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 19 August 2004.

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

Done at Brussels, 18 August 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 2).

1

(2)  
  OJ L 146, 20.6.1996, p. 1.

2

(3)  
  OJ L 162, 1.7.2003, p. 25. Regulation as amended by Regulation (EC) No 1409/2004 (OJ L 256, 3.8.2004, p. 11).

3

---

ANNEX

ACP — INDIA preferential sugar

Title II of Regulation (EC) No 1159/2003

2004/05 marketing year

| Country | Week of 9-13.8.2004: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Barbados | 100 | |
| Belize | 100 | |
| Congo | 100 | |
| Fiji | 100 | |
| Guyana | 100 | |
| India | 0 | reached |
| Côte d'Ivoire | 100 | |
| Jamaica | 100 | |
| Kenya | 100 | |
| Madagascar | 100 | |
| Malawi | 100 | |
| Mauritius | 100 | |
| Saint Kitts and Nevis | 100 | |
| Swaziland | 94,3308 | reached |
| Tanzania | 100 | |
| Trinidad and Tobago | 100 | |
| Zambia | 100 | |
| Zimbabwe | 0 | reached |

Country

Week of 9-13.8.2004: percentage of requested quantity to be granted

Limit

Barbados

100

Belize

100

Congo

100

Fiji

100

Guyana

100

India

0

reached

Côte d'Ivoire

100

Jamaica

100

Kenya

100

Madagascar

100

Malawi

100

Mauritius

100

Saint Kitts and Nevis

100

Swaziland

94,3308

reached

Tanzania

100

Trinidad and Tobago

100

Zambia

100

Zimbabwe

0

reached

Special preferential sugar

Title III of Regulation (EC) No 1159/2003

2004/05 marketing year

| Country | Week of 9-13.8.2004: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| India | 100 | |
| ACP | 100 | |

Country

Week of 9-13.8.2004: percentage of requested quantity to be granted

Limit

India

100

ACP

100

CXL concessions sugar

Title IV of Regulation (EC) No 1159/2003

2004/05 marketing year

| Country | Week of 9-13.8.2004: percentage of requested quantity to be granted | Limit |
| --- | --- | --- |
| Brazil | 0 | reached |
| Cuba | 100 | |
| Other third countries | 0 | reached |

Country

Week of 9-13.8.2004: percentage of requested quantity to be granted

Limit

Brazil

0

reached

Cuba

100

Other third countries

0

reached

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| 19.8.2004 | EN | Official Journal of the European Union | L 271/36 |
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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1478/2004

of 18 August 2004

amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia (1), and in particular Article 11(a) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation.

| (2) | On 23 June and 13 July 2004, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly. |
| --- | --- |

(2)

On 23 June and 13 July 2004, the Sanctions Committee of the United Nations Security Council decided to amend the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly.

| (3) | In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately, |
| --- | --- |

(3)

In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 872/2004 is hereby amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 18 August 2004.

For the Commission

Christopher PATTEN

Member of the Commission

---

(1)  
  OJ L 162, 30.4.2004, p. 32. Regulation as last amended by Commission Regulation (EC) No 1149/2004 (OJ L 222, 23.6.2004, p. 17).

1

---

ANNEX

Annex I to Regulation (EC) No 872/2004 is amended as follows:

| 1. | The entry ‘Gus Kouvenhoven (alias (a) Kouenhoven, (b) Kouenhaven). Date of birth: 15 September 1942. Other information: Owner of Hotel Africa; President of the Oriental Timber Company’ shall be replaced by the following:

  ‘Gus Kouwenhoven (alias (a) Kouvenhoven, (b) Kouenhoven, (c) Kouenhaven). Date of birth: 15 September 1942. Other information: Owner of Hotel Africa; President of the Oriental Timber Company’
  . |
| --- | --- |

1.

The entry ‘Gus Kouvenhoven (alias (a) Kouenhoven, (b) Kouenhaven). Date of birth: 15 September 1942. Other information: Owner of Hotel Africa; President of the Oriental Timber Company’ shall be replaced by the following:

‘Gus Kouwenhoven (alias (a) Kouvenhoven, (b) Kouenhoven, (c) Kouenhaven). Date of birth: 15 September 1942. Other information: Owner of Hotel Africa; President of the Oriental Timber Company’

| 2. | The entry ‘Leonid Minin (alias (a) Blavstein, (b) Blyuvshtein, (c) Blyafshtein, (d) Bluvshtein, (e) Blyufshtein, (f) Vladimir Abramovich Kerler, (g) Vladimir Abramovich Popiloveski, (h) Vladimir Abramovich Popela, (i) Vladimir Abramovich Popelo, (j) Wulf Breslan, (k) Igor Osols). Date of birth: (a) 14 December 1947, (b) 18 October 1946, (c) unknown). Nationality: Ukrainian. German Passports (name: Minin): (a) 5280007248D, (b) 18106739D. Israeli Passports: (a) 6019832 (6/11/94-5/11/99), (b) 9001689 (23/1/97-22/1/02), (c) 90109052 (26/11/97). Russian Passport: KI0861177; Bolivian Passport: 65118; Greek Passport: no details. Owner of Exotic Tropical Timber Enterprises.’ shall be replaced by the following:

  ‘Leonid Minin (alias (a) Blavstein, (b) Blyuvshtein, (c) Blyafshtein, (d) Bluvshtein, (e) Blyufshtein, (f) Vladimir Abramovich Kerler, (g) Vladimir Abramovich Popiloveski, (h) Vladimir Abramovich Popela, (i) Vladimir Abramovich Popelo, (j) Wulf Breslan, (k) Igor Osols). Date of birth: (a) 14 December 1947, (b) 18 October 1946, (c) unknown). Nationality: Israeli. Forged German Passports (name: Minin): (a) 5280007248D, (b) 18106739D. Israeli Passports: (a) 6019832 (6/11/94-5/11/99), (b) 9001689 (23/1/97-22/1/02), (c) 90109052 (26/11/97). Russian Passport: KI0861177; Bolivian Passport: 65118; Greek Passport: no details. Owner of Exotic Tropical Timber Enterprises.’
  . |
| --- | --- |

2.

The entry ‘Leonid Minin (alias (a) Blavstein, (b) Blyuvshtein, (c) Blyafshtein, (d) Bluvshtein, (e) Blyufshtein, (f) Vladimir Abramovich Kerler, (g) Vladimir Abramovich Popiloveski, (h) Vladimir Abramovich Popela, (i) Vladimir Abramovich Popelo, (j) Wulf Breslan, (k) Igor Osols). Date of birth: (a) 14 December 1947, (b) 18 October 1946, (c) unknown). Nationality: Ukrainian. German Passports (name: Minin): (a) 5280007248D, (b) 18106739D. Israeli Passports: (a) 6019832 (6/11/94-5/11/99), (b) 9001689 (23/1/97-22/1/02), (c) 90109052 (26/11/97). Russian Passport: KI0861177; Bolivian Passport: 65118; Greek Passport: no details. Owner of Exotic Tropical Timber Enterprises.’ shall be replaced by the following:

‘Leonid Minin (alias (a) Blavstein, (b) Blyuvshtein, (c) Blyafshtein, (d) Bluvshtein, (e) Blyufshtein, (f) Vladimir Abramovich Kerler, (g) Vladimir Abramovich Popiloveski, (h) Vladimir Abramovich Popela, (i) Vladimir Abramovich Popelo, (j) Wulf Breslan, (k) Igor Osols). Date of birth: (a) 14 December 1947, (b) 18 October 1946, (c) unknown). Nationality: Israeli. Forged German Passports (name: Minin): (a) 5280007248D, (b) 18106739D. Israeli Passports: (a) 6019832 (6/11/94-5/11/99), (b) 9001689 (23/1/97-22/1/02), (c) 90109052 (26/11/97). Russian Passport: KI0861177; Bolivian Passport: 65118; Greek Passport: no details. Owner of Exotic Tropical Timber Enterprises.’

| 3. | The entry ‘Baba Jobe. Nationality: Gambian. Other information: Director of Gambia New Millennium Air Company. Member of Parliament of Gambia.’ shall be replaced by the following:

  ‘Baba Jobe. Nationality: Gambian. Other information: Former Director of Gambia New Millennium Air Company. Former Member of Parliament of Gambia.’ |
| --- | --- |

3.

The entry ‘Baba Jobe. Nationality: Gambian. Other information: Director of Gambia New Millennium Air Company. Member of Parliament of Gambia.’ shall be replaced by the following:

‘Baba Jobe. Nationality: Gambian. Other information: Former Director of Gambia New Millennium Air Company. Former Member of Parliament of Gambia.’

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II Acts whose publication is not obligatory

Commission

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COMMISSION DECISION

of 4 August 2004

accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of polyethylene terephthalate originating, inter alia, in Australia

(2004/600/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Communities (1) (the basic Regulation), and in particular Article 8 and 9 thereof,

After consulting the Advisory Committee,

Whereas:

1.   PROCEDURE

| (1) | On 19 February 2004, the Commission imposed, by Regulation (EC) No 306/2004 (2), a provisional anti-dumping duty on the imports into the Community of poly(ethylene terephthalate) (hereinafter referred to as PET or product concerned) originating in Australia, the People’s Republic of China and Pakistan (the provisional Regulation). |
| --- | --- |

(1)

On 19 February 2004, the Commission imposed, by Regulation (EC) No 306/2004 (2), a provisional anti-dumping duty on the imports into the Community of poly(ethylene terephthalate) (hereinafter referred to as PET or product concerned) originating in Australia, the People’s Republic of China and Pakistan (the provisional Regulation).

2

| (2) | Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1467/2004 (3) imposing definitive anti-dumping duties on imports of PET originating in Australia, the People’s Republic of China and Pakistan (the definitive Regulation). |
| --- | --- |

(2)

Following the adoption of the provisional anti-dumping measures, the Commission continued the investigation of dumping, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Council Regulation (EC) No 1467/2004 (3) imposing definitive anti-dumping duties on imports of PET originating in Australia, the People’s Republic of China and Pakistan (the definitive Regulation).

3

| (3) | The investigation confirmed the provisional findings of injurious dumping relating to imports of the product concerned originating in Australia, the People’s Republic of China and Pakistan. |
| --- | --- |

(3)

The investigation confirmed the provisional findings of injurious dumping relating to imports of the product concerned originating in Australia, the People’s Republic of China and Pakistan.

2.   UNDERTAKING

| (4) | Subsequent to the adoption of provisional anti-dumping measures, one cooperating exporting producer in Australia (Leading Synthetics Pty Ltd) offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking, the exporting producer in question has offered to sell the product concerned at or above price levels that eliminate the injurious effect of dumping. |
| --- | --- |

(4)

Subsequent to the adoption of provisional anti-dumping measures, one cooperating exporting producer in Australia (Leading Synthetics Pty Ltd) offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking, the exporting producer in question has offered to sell the product concerned at or above price levels that eliminate the injurious effect of dumping.

| (5) | The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of the company is such that the Commission considers that the risk of circumvention of the undertaking is limited. |
| --- | --- |

(5)

The company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of the company is such that the Commission considers that the risk of circumvention of the undertaking is limited.

| (6) | In view of this, it is considered that the undertaking is acceptable. |
| --- | --- |

(6)

In view of this, it is considered that the undertaking is acceptable.

| (7) | In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional on presentation of a commercial invoice containing at least the items of information listed in Annex 2 to Council Regulation (EC) No 1467/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate amount of anti-dumping duty will instead be payable. |
| --- | --- |

(7)

In order to enable the Commission to monitor effectively the company’s compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional on presentation of a commercial invoice containing at least the items of information listed in Annex 2 to Council Regulation (EC) No 1467/2004. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate amount of anti-dumping duty will instead be payable.

| (8) | In the event of a breach or withdrawal of the undertaking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation, |
| --- | --- |

(8)

In the event of a breach or withdrawal of the undertaking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,

HAS DECIDED AS FOLLOWS:

Article 1

The undertaking offered by the exporting producer mentioned below, in connection with the present anti-dumping proceeding concerning imports of certain poly(ethylene terephthalate) originating in Australia, the People’s Republic of China and Pakistan is hereby accepted.

| Country | Manufacturer | TARIC additional code |
| --- | --- | --- |
| Australia | Leading Synthetics Pty Ltd | A503 |

Country

Manufacturer

TARIC additional code

Australia

Leading Synthetics Pty Ltd

A503

Article 2

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

Done at Brussels, 4 August 2004.

For the Commission

Pascal LAMY

Member of the Commission

---

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

1

(2)  
  OJ L 52, 21.2.2004, p. 5.

2

(3)  See page 1 of this Official Journal.

3

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COMMISSION DECISION

of 18 August 2004

on the inventory of wine production potential presented by the Republic of Slovenia under Council Regulation (EC) No 1493/1999

(notified under document number C(2004) 3121)

(Only the Slovenian text is authentic)

(2004/601/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 23(4) thereof,

Whereas:

| (1) | As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation. |
| --- | --- |

(1)

As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation.

| (2) | Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented. |
| --- | --- |

(2)

Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented.

| (3) | By letter of 20 May 2004, the Republic of Slovenia sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Republic of Slovenia has compiled the inventory. |
| --- | --- |

(3)

By letter of 20 May 2004, the Republic of Slovenia sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Republic of Slovenia has compiled the inventory.

| (4) | This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points. |
| --- | --- |

(4)

This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS DECISION:

Article 1

The Commission notes that the Republic of Slovenia has compiled the inventory of wine production potential in accordance with Article 16 of Regulation (EC) No 1493/1999.

Article 2

This Decision is addressed to the Republic of Slovenia.

Done at Brussels, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

1

(2)  
  OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1389/2004 (OJ L 255, 31.7.2003, p. 7).

2

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/41 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/41

---

COMMISSION DECISION

of 18 August 2004

on the inventory of wine production potential presented by the Slovak Republic under Council Regulation (EC) No 1493/1999

(notified under document number C(2004) 3123)

(Only the Slovak text is authentic)

(2004/602/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 23(4) thereof,

Whereas:

| (1) | As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation. |
| --- | --- |

(1)

As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation.

| (2) | Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented. |
| --- | --- |

(2)

Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented.

| (3) | By letter of 4 June 2004, the Slovak Republic sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Slovak Republic has compiled the inventory. |
| --- | --- |

(3)

By letter of 4 June 2004, the Slovak Republic sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Slovak Republic has compiled the inventory.

| (4) | This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points. |
| --- | --- |

(4)

This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS DECISION:

Article 1

The Commission notes that the Slovak Republic has compiled the inventory of wine production potential in accordance with Article 16 of Regulation (EC) No 1493/1999.

Article 2

This Decision is addressed to the Slovak Republic.

Done at Brussels, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

1

(2)  
  OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1389/2004 (OJ L 255, 31.7.2004, p. 7).

2

---

| 19.8.2004 | EN | Official Journal of the European Union | L 271/42 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/42

---

COMMISSION DECISION

of 18 August 2004

on the inventory of wine production potential presented by the Republic of Malta under Council Regulation (EC) No 1493/1999

(notified under document number C(2004) 3130)

(Only the English text is authentic)

(2004/603/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine (1), and in particular Article 23(4) thereof,

Whereas:

| (1) | As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation. |
| --- | --- |

(1)

As a prior condition for access to the increase in planting rights and support for restructuring and conversion, Regulation (EC) No 1493/1999 provides for the compilation of an inventory of wine production potential by the Member State concerned. The inventory must be presented in accordance with Article 16 of that Regulation.

| (2) | Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented. |
| --- | --- |

(2)

Article 19 of Commission Regulation (EC) No 1227/2000 of 31 May 2000 laying down detailed rules for the application of Council Regulation (EC) No 1493/1999 on the common organisation of the market in wine, as regards production potential (2) details how the information included in the inventory is to be presented.

| (3) | By letter of 14 June 2004, the Republic of Malta sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Republic of Malta has compiled the inventory. |
| --- | --- |

(3)

By letter of 14 June 2004, the Republic of Malta sent the Commission the information referred to in Article 16 of Regulation (EC) No 1493/1999 and Article 19 of Regulation (EC) No 1227/2000. Examination of this information shows that the Republic of Malta has compiled the inventory.

| (4) | This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points. |
| --- | --- |

(4)

This Decision does not entail recognition by the Commission of the accuracy of the information contained in the inventory or of the compatibility of the legislation referred to in the inventory with Community law. It is without prejudice to any future Commission decision on these points.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Wine,

HAS ADOPTED THIS DECISION:

Article 1

The Commission notes that the Republic of Malta has compiled the inventory of wine production potential in accordance with Article 16 of Regulation (EC) No 1493/1999.

Article 2

This Decision is addressed to the Republic of Malta.

Done at Brussels, 18 August 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1795/2003 (OJ L 262, 14.10.2003, p. 13).

1

(2)  
  OJ L 143, 16.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1389/2004 (OJ L 255, 31.7.2004, p. 7).

2

---

Corrigenda

| 19.8.2004 | EN | Official Journal of the European Union | L 271/43 |
| --- | --- | --- | --- |

19.8.2004

EN

Official Journal of the European Union

L 271/43

---

Corrigendum to Commission Regulation (EC) No 1458/2004 of 16 August 2004 amending Council Regulation (EC) No 2368/2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds

(
  Official Journal of the European Union L 296 of 17 August 2004
  )

On page 21, recital 2 shall read as follows:

| ‘(2) | The Chair of the Kimberley Process certification scheme, through his Chair’s Notice of 15 June 2004, has provided an updated list of participants in the scheme. The updating of the list concerns the addition as participant of Norway as of 15 June 2004. Annex II should therefore be amended accordingly,’. |
| --- | --- |

‘(2)

The Chair of the Kimberley Process certification scheme, through his Chair’s Notice of 15 June 2004, has provided an updated list of participants in the scheme. The updating of the list concerns the addition as participant of Norway as of 15 June 2004. Annex II should therefore be amended accordingly,’.

---