# Official Journal L 83/2022

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 83 |
| | |
| English edition | Legislation | Volume 6510 March 2022 |

ISSN 1977-0677

Official Journal

of the European Union

L 83

English edition

Legislation

Volume 6510 March 2022

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2022/400 of 7 March 2022 amending Implementing Regulation (EU) 2021/128 setting the net balance available for EAGF expenditure | 1 |
| | * | Commission Implementing Regulation (EU) 2022/401 of 8 March 2022 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq | 4 |
| | * | Commission Implementing Regulation (EU) 2022/402 of 9 March 2022 imposing a definitive anti-dumping duty on imports of certain aluminium foil originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council | 7 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2022/403 of 3 March 2022 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Commission Regulation (EC) No 88/97
  (notified under document C(2022) 1262) | 39 |
| | * | Commission Implementing Decision (EU) 2022/404 of 3 March 2022 amending Implementing Decision (EU) 2019/919 as regards harmonised standards for steering gear – cable over pulley systems (
  1
  ) | 44 |
| | * | Commission Implementing Decision (EU) 2022/405 of 3 March 2022 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for cover plates and cover tapes, luminaires, electrical accessories, powertrack systems, circuit breakers, electrical equipment for measurement, control, and laboratory use, and resistance welding equipment (
  1
  ) | 48 |
| | * | Commission Implementing Decision (EU) 2022/406 of 3 March 2022 amending Implementing Decision (EU) 2019/1202 as regards harmonised standards for automatic nozzles for use on fuel dispensers, metering pumps, dispensers and remote pumping units, safe breaks for use on metering pumps and dispensers, shear valves and swivels for use on metering pumps and dispensers, that are used in petrol filling stations (
  1
  ) | 55 |
| | * | Commission Implementing Decision (EU) 2022/407 of 9 March 2022 terminating the partial interim review of the countervailing measures applicable to imports of certain rainbow trout originating in the Republic of Turkey | 60 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2022/400 of 7 March 2022 amending Implementing Regulation (EU) 2021/128 setting the net balance available for EAGF expenditure

1

*

Commission Implementing Regulation (EU) 2022/401 of 8 March 2022 amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

4

*

Commission Implementing Regulation (EU) 2022/402 of 9 March 2022 imposing a definitive anti-dumping duty on imports of certain aluminium foil originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

7

DECISIONS

*

Commission Implementing Decision (EU) 2022/403 of 3 March 2022 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Commission Regulation (EC) No 88/97
  (notified under document C(2022) 1262)

(notified under document C(2022) 1262)

39

*

Commission Implementing Decision (EU) 2022/404 of 3 March 2022 amending Implementing Decision (EU) 2019/919 as regards harmonised standards for steering gear – cable over pulley systems (
  1
  )

1

44

*

Commission Implementing Decision (EU) 2022/405 of 3 March 2022 amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for cover plates and cover tapes, luminaires, electrical accessories, powertrack systems, circuit breakers, electrical equipment for measurement, control, and laboratory use, and resistance welding equipment (
  1
  )

1

48

*

Commission Implementing Decision (EU) 2022/406 of 3 March 2022 amending Implementing Decision (EU) 2019/1202 as regards harmonised standards for automatic nozzles for use on fuel dispensers, metering pumps, dispensers and remote pumping units, safe breaks for use on metering pumps and dispensers, shear valves and swivels for use on metering pumps and dispensers, that are used in petrol filling stations (
  1
  )

1

55

*

Commission Implementing Decision (EU) 2022/407 of 9 March 2022 terminating the partial interim review of the countervailing measures applicable to imports of certain rainbow trout originating in the Republic of Turkey

60

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EU) 2021/1297 of 4 August 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances ( OJ L 282, 5.8.2021 ) | 64 |
| | * | Corrigendum to Commission Implementing Regulation (EU) 2021/2077 of 26 November 2021 concerning the authorisation of L-valine produced by Corynebacterium glutamicum CGMCC 7.366 as a feed additive for all animal species ( OJ L 426, 29.11.2021 ) | 65 |
| | * | Corrigendum to Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 ( OJ L 170, 25.6.2019 ) | 66 |
| | * | Corrigendum to Commission Decision (EU) 2022/220 of 15 February 2022 on the position to be taken by the European Union in the Joint Committee established under the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, on the adoption of a Working Arrangement regarding the cooperation in the area of accident and incident reporting in civil aviation, and appointing a chairperson of the European Union in the Joint Committee ( OJ L 37, 18.2.2022 ) | 67 |

Corrigenda

*

Corrigendum to Commission Regulation (EU) 2021/1297 of 4 August 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances ( OJ L 282, 5.8.2021 )

( OJ L 282, 5.8.2021 )

64

*

Corrigendum to Commission Implementing Regulation (EU) 2021/2077 of 26 November 2021 concerning the authorisation of L-valine produced by Corynebacterium glutamicum CGMCC 7.366 as a feed additive for all animal species ( OJ L 426, 29.11.2021 )

Corynebacterium glutamicum

( OJ L 426, 29.11.2021 )

65

*

Corrigendum to Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003 ( OJ L 170, 25.6.2019 )

( OJ L 170, 25.6.2019 )

66

*

Corrigendum to Commission Decision (EU) 2022/220 of 15 February 2022 on the position to be taken by the European Union in the Joint Committee established under the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, on the adoption of a Working Arrangement regarding the cooperation in the area of accident and incident reporting in civil aviation, and appointing a chairperson of the European Union in the Joint Committee ( OJ L 37, 18.2.2022 )

( OJ L 37, 18.2.2022 )

67

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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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II Non-legislative acts

REGULATIONS

| 10.3.2022 | EN | Official Journal of the European Union | L 83/1 |
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10.3.2022

EN

Official Journal of the European Union

L 83/1

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COMMISSION IMPLEMENTING REGULATION (EU) 2022/400

of 7 March 2022

amending Implementing Regulation (EU) 2021/128 setting the net balance available for EAGF expenditure

THE EUROPEAN COMMISSION,

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

Having regard Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 16(2) thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2021/128 (2) sets the net balance available for the European Agricultural Guarantee Fund (EAGF) expenditure, as well as the amounts available to the European Agricultural Fund for Rural Development (EAFRD) for the budget years 2021 to 2027, pursuant to Article 7(2) and Article 14 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3). |
| --- | --- |

(1)

Commission Implementing Regulation (EU) 2021/128 (2) sets the net balance available for the European Agricultural Guarantee Fund (EAGF) expenditure, as well as the amounts available to the European Agricultural Fund for Rural Development (EAFRD) for the budget years 2021 to 2027, pursuant to Article 7(2) and Article 14 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3).

| (2) | In accordance with Article 16(1) of Regulation (EU) No 1306/2013, the annual ceiling for the EAGF expenditure for the years 2021 to 2027 is to be constituted by the maximum amounts for the sub-ceiling for market related expenditure and direct payments set out in Annex I to Council Regulation (EU, Euratom) 2020/2093 (4). |
| --- | --- |

(2)

In accordance with Article 16(1) of Regulation (EU) No 1306/2013, the annual ceiling for the EAGF expenditure for the years 2021 to 2027 is to be constituted by the maximum amounts for the sub-ceiling for market related expenditure and direct payments set out in Annex I to Council Regulation (EU, Euratom) 2020/2093 (4).

| (3) | In accordance with Article 11(6), fourth subparagraph, of Regulation (EU) No 1307/2013, several Member States notified the Commission of their decision with regard to the reduction of the amount of direct payments pursuant to Article 11(1) of that Regulation and of the resulting estimated product of reduction for calendar year 2022. In accordance with Article 7(2) of that Regulation, the estimated product of the reduction of payments is to be made available as Union support financed under the EAFRD. |
| --- | --- |

(3)

In accordance with Article 11(6), fourth subparagraph, of Regulation (EU) No 1307/2013, several Member States notified the Commission of their decision with regard to the reduction of the amount of direct payments pursuant to Article 11(1) of that Regulation and of the resulting estimated product of reduction for calendar year 2022. In accordance with Article 7(2) of that Regulation, the estimated product of the reduction of payments is to be made available as Union support financed under the EAFRD.

| (4) | In accordance with Article 14(1), seventh subparagraph, of Regulation (EU) No 1307/2013, several Member States notified the Commission of their decision to make available as additional support under the EAFRD in financial year 2023 a certain percentage of their annual national ceiling for direct payments for calendar year 2022. |
| --- | --- |

(4)

In accordance with Article 14(1), seventh subparagraph, of Regulation (EU) No 1307/2013, several Member States notified the Commission of their decision to make available as additional support under the EAFRD in financial year 2023 a certain percentage of their annual national ceiling for direct payments for calendar year 2022.

| (5) | In accordance with Article 14(2), seventh subparagraph, of Regulation (EU) No 1307/2013, several Member States notified the Commission of their decision to make available as direct payments for calendar year 2022 a certain percentage of the support to be financed under the EAFRD in financial year 2023. |
| --- | --- |

(5)

In accordance with Article 14(2), seventh subparagraph, of Regulation (EU) No 1307/2013, several Member States notified the Commission of their decision to make available as direct payments for calendar year 2022 a certain percentage of the support to be financed under the EAFRD in financial year 2023.

| (6) | The relevant national ceilings set out in Annexes II and III to Regulation (EU) No 1307/2013 were adapted consequently through Commission Delegated Regulation (EU) 2022/42 (5). |
| --- | --- |

(6)

The relevant national ceilings set out in Annexes II and III to Regulation (EU) No 1307/2013 were adapted consequently through Commission Delegated Regulation (EU) 2022/42 (5).

| (7) | In accordance with Article 2(1) of Regulation (EU, Euratom) 2020/2093, the sub-ceiling for market related expenditure and direct payments of the multiannual financial framework set out in Annex I to that Regulation is to be adjusted under the technical adjustment provided for in Article 4 of that Regulation following the transfers between the EAFRD and direct payments. |
| --- | --- |

(7)

In accordance with Article 2(1) of Regulation (EU, Euratom) 2020/2093, the sub-ceiling for market related expenditure and direct payments of the multiannual financial framework set out in Annex I to that Regulation is to be adjusted under the technical adjustment provided for in Article 4 of that Regulation following the transfers between the EAFRD and direct payments.

| (8) | It is therefore necessary to adjust the net balance available for EAGF expenditure as set by Implementing Regulation (EU) 2021/128. For the sake of clarity, the amounts to be made available to the EAFRD should also be published. |
| --- | --- |

(8)

It is therefore necessary to adjust the net balance available for EAGF expenditure as set by Implementing Regulation (EU) 2021/128. For the sake of clarity, the amounts to be made available to the EAFRD should also be published.

| (9) | Implementing Regulation (EU) 2021/128 should therefore be amended accordingly, |
| --- | --- |

(9)

Implementing Regulation (EU) 2021/128 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Implementing Regulation (EU) 2021/128 is replaced by the text in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh 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, 7 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

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(1)  
  OJ L 347, 20.12.2013, p. 549.

1

(2)  Commission Implementing Regulation (EU) 2021/128 of 3 February 2021 setting the net balance available for EAGF expenditure (OJ L 40, 4.2.2021, p. 8).

2

(3)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

3

(4)  Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I, 22.12.2020, p. 11).

4

(5)  Commission Delegated Regulation (EU) 2022/42 of 8 November 2021 amending Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council as regards the national and net ceilings for direct payments for certain Member States for calendar year 2022 (OJ L 9, 14.1.2022, p. 3).

5

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ANNEX

‘ANNEX

Net balance available for EAGF expenditure

| (EUR million) |
| --- |
| Budget year | Amounts made available to EAFRD | Amounts transferred from EAFRD | Net balance available for EAGF expenditure |
| Article 14(1) of Regulation (EU) No 1307/2013 | Article 7(2) of Regulation (EU) No 1307/2013 | Article 14(2) of Regulation (EU) No 1307/2013 |
| 2021 | 1 099,539 | 58,165 | 600,658 | 40 367,954 |
| 2022 | 1 086,292 | 57,919 | 525,400 | 40 638,189 |
| 2023 | 1 277,253 | 55,858 | 507,322 | 40 692,211 |
| 2024 | | | | 41 649,000 |
| 2025 | | | | 41 782,000 |
| 2026 | | | | 41 913,000 |
| 2027 | | | | 42 047,000 |

(EUR million)

Budget year

Amounts made available to EAFRD

Amounts transferred from EAFRD

Net balance available for EAGF expenditure

Article 14(1) of Regulation (EU) No 1307/2013

Article 7(2) of Regulation (EU) No 1307/2013

Article 14(2) of Regulation (EU) No 1307/2013

2021

1 099,539

58,165

600,658

40 367,954

2022

1 086,292

57,919

525,400

40 638,189

2023

1 277,253

55,858

507,322

40 692,211

2024

41 649,000

2025

41 782,000

2026

41 913,000

2027

42 047,000

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| 10.3.2022 | EN | Official Journal of the European Union | L 83/4 |
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10.3.2022

EN

Official Journal of the European Union

L 83/4

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COMMISSION IMPLEMENTING REGULATION (EU) 2022/401

of 8 March 2022

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:

| (1) | Annex IV to Regulation (EC) No 1210/2003 lists natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources and by a prohibition to make funds or economic resources available. |
| --- | --- |

(1)

Annex IV to Regulation (EC) No 1210/2003 lists natural and legal persons, bodies or entities associated with the regime of former President Saddam Hussein covered by the freezing of funds and economic resources and by a prohibition to make funds or economic resources available.

| (2) | On 3 March 2022, the Sanctions Committee of the United Nations Security Council decided to remove seven persons from the list of persons and entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 3 March 2022, the Sanctions Committee of the United Nations Security Council decided to remove seven persons from the list of persons and entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex IV to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
| --- | --- |

(3)

Annex IV to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 8 March 2022.

For the Commission,

On behalf of the President,

Director-General

Directorate-General for Financial Stability, Financial Services and Capital Markets Union

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(1)  
  OJ L 169, 8.7.2003, p. 6.

1

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ANNEX

In Annex IV to Regulation (EC) No 1210/2003, the following entries are deleted:

‘8.   NAME: Aziz Salih al-Numan

DATE OF BIRTH/PLACE OF BIRTH: 1941 or 1945, An Nasiriyah

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Ba'th Party Regional Command Chairman;

Former Governor of Karbala and An Najaf;

Former Minister of Agriculture and Agrarian Reform (1986-1987)’

‘10.   NAME: Kamal Mustafa Abdallah

ALIAS: Kamal Mustafa Abdallah Sultan al-Tikriti

DATE OF BIRTH/PLACE OF BIRTH: 1952 or 4 May 1955, Tikrit

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Republican Guard Secretary;

Led Special Republican Guards and commanded both Republican Guard Corps’

‘18.   NAME: Latif Nusayyif Jasim Al-Dulaymi

DATE OF BIRTH/PLACE OF BIRTH: Circa 1941, ar-Rashidiyah, suburb of Baghdad

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Ba'th Party Military Bureau Deputy Chairman;

Labour and Social Affairs Minister (1993 to 1996)’

‘40.   NAME: Abd-al-Baqi Abd-al-Karim Abdallah Al-Sa'dun

DATE OF BIRTH/PLACE OF BIRTH: 1947

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Ba'th Party Regional Command Chairman, Diyala

Deputy Commander, Southern Region, 1998 to 2000;

Former National Assembly Speaker’

‘41.   NAME: Muhammad Zimam Abd-al-Razzaq Al-Sa'dun

DATE OF BIRTH/PLACE OF BIRTH: 1942, Suq Ash-Shuyukh District, Dhi-Qar

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Ba'th Party Regional Command Chairman, At-Tamin;

Minister of Interior, 1995 to 2001’

‘42.   NAME: Samir Abd al-Aziz Al-Najim

DATE OF BIRTH/PLACE OF BIRTH: 1937 or 1938, Baghdad

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Ba'th Party Regional Command Chairman, East Baghdad’

‘53.   NAME: Qaid Hussein Al-Awadi

NATIONALITY: Iraq

UNSC RESOLUTION 1483 BASIS:

Ba'th Party Regional Command Chairman, Ninawa;

Former Governor of An-Najaf, circa 1998 to 2002’

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| 10.3.2022 | EN | Official Journal of the European Union | L 83/7 |
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10.3.2022

EN

Official Journal of the European Union

L 83/7

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COMMISSION IMPLEMENTING REGULATION (EU) 2022/402

of 9 March 2022

imposing a definitive anti-dumping duty on imports of certain aluminium foil originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Article 11(2) thereof,

Whereas:

1.   PROCEDURE

PROCEDURE

1.1.   Previous investigations and measures in force

Previous investigations and measures in force

| (1) | Following an anti-dumping investigation, the Council with Regulation (EC) No 925/2009 (2), imposed anti-dumping duty on certain aluminium foils originating in Armenia, Brazil and China (‘the original investigation’). Further to an expiry review pursuant to Article 11(2) of the basic Regulation, the European Commission (‘Commission’) with Implementing Regulation (EU) 2015/2384 (3) extended the measures on 17 December 2015 for exports from China and terminated the measures for Brazil (‘the previous expiry review investigation’). The anti-dumping measures against imports originating in Armenia expired on 7 October 2014. |
| --- | --- |

(1)

Following an anti-dumping investigation, the Council with Regulation (EC) No 925/2009 (2), imposed anti-dumping duty on certain aluminium foils originating in Armenia, Brazil and China (‘the original investigation’). Further to an expiry review pursuant to Article 11(2) of the basic Regulation, the European Commission (‘Commission’) with Implementing Regulation (EU) 2015/2384 (3) extended the measures on 17 December 2015 for exports from China and terminated the measures for Brazil (‘the previous expiry review investigation’). The anti-dumping measures against imports originating in Armenia expired on 7 October 2014.

2

3

| (2) | As a result of an anti-circumvention investigation in accordance with Article 13 of the basic Regulation, the Commission with Implementing Regulation (EU) 2017/271 (4) extended the anti-dumping duty imposed on imports of certain aluminium foils originating in the People’s Republic of China to imports of slightly modified certain aluminium foil. |
| --- | --- |

(2)

As a result of an anti-circumvention investigation in accordance with Article 13 of the basic Regulation, the Commission with Implementing Regulation (EU) 2017/271 (4) extended the anti-dumping duty imposed on imports of certain aluminium foils originating in the People’s Republic of China to imports of slightly modified certain aluminium foil.

4

| (3) | With Implementing Regulation (EU) 2021/1474 (5) the Commission, following a second anti-circumvention investigation in accordance with Article 13 of the basic Regulation, extended the anti-dumping duty imposed by Implementing Regulation (EU) 2015/2384 and Implementing Regulation (EU) 2017/271 on imports of certain aluminium foil originating in the People’s Republic of China to imports of certain aluminium foil consigned from Thailand, whether declared as originating in Thailand or not. |
| --- | --- |

(3)

With Implementing Regulation (EU) 2021/1474 (5) the Commission, following a second anti-circumvention investigation in accordance with Article 13 of the basic Regulation, extended the anti-dumping duty imposed by Implementing Regulation (EU) 2015/2384 and Implementing Regulation (EU) 2017/271 on imports of certain aluminium foil originating in the People’s Republic of China to imports of certain aluminium foil consigned from Thailand, whether declared as originating in Thailand or not.

5

1.2.   Request for an expiry review

Request for an expiry review

| (4) | Following the publication of a Notice of impending expiry (6), the Commission received a request for a review pursuant to Article 11(2) of the basic Regulation. |
| --- | --- |

(4)

Following the publication of a Notice of impending expiry (6), the Commission received a request for a review pursuant to Article 11(2) of the basic Regulation.

6

| (5) | The request for review was lodged on 10 September 2020 by Union producers, representing around 90 % of the total Union production of certain aluminium foil (‘the applicants’). The request for review was based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of dumping and injury to the Union industry. |
| --- | --- |

(5)

The request for review was lodged on 10 September 2020 by Union producers, representing around 90 % of the total Union production of certain aluminium foil (‘the applicants’). The request for review was based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of dumping and injury to the Union industry.

1.3.   Initiation of an expiry review

Initiation of an expiry review

| (6) | Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, the Commission, on 17 December 2020, by Notice, published in the Official Journal of the European Union (7) (‘the Notice of Initiation’), initiated an expiry review with regard to imports of certain aluminium foil originating in the People’s Republic of China (‘PRC’ or ‘the country concerned’) on the basis of Article 11(2) of the basic Regulation. |
| --- | --- |

(6)

Having determined, after consulting the Committee established by Article 15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, the Commission, on 17 December 2020, by Notice, published in the Official Journal of the European Union (7) (‘the Notice of Initiation’), initiated an expiry review with regard to imports of certain aluminium foil originating in the People’s Republic of China (‘PRC’ or ‘the country concerned’) on the basis of Article 11(2) of the basic Regulation.

Official Journal of the European Union

7

1.4.   Review investigation period and period considered

Review investigation period and period considered

| (7) | The investigation of a likelihood of continuation or recurrence of dumping covered the period from 1 October 2019 to 30 September 2020 (‘the review investigation period’ or ‘RIP’). The examination of trends relevant for the assessment of a likelihood of continuation or recurrence of injury covered the period from 1 January 2017 to the end of the review investigation period (‘the period considered’). |
| --- | --- |

(7)

The investigation of a likelihood of continuation or recurrence of dumping covered the period from 1 October 2019 to 30 September 2020 (‘the review investigation period’ or ‘RIP’). The examination of trends relevant for the assessment of a likelihood of continuation or recurrence of injury covered the period from 1 January 2017 to the end of the review investigation period (‘the period considered’).

1.5.   Interested parties

Interested parties

| (8) | In the Notice of Initiation, the Commission invited interested parties to contact it in order to participate in the investigation. In addition, the Commission specifically informed the applicants, other known Union producers, the known exporting producers and the Chinese authorities, known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate. |
| --- | --- |

(8)

In the Notice of Initiation, the Commission invited interested parties to contact it in order to participate in the investigation. In addition, the Commission specifically informed the applicants, other known Union producers, the known exporting producers and the Chinese authorities, known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate.

| (9) | Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. |
| --- | --- |

(9)

Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.

1.6.   Sampling

Sampling

| (10) | In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation. |
| --- | --- |

(10)

In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 17 of the basic Regulation.

1.6.1.   Sampling of Union producers

Sampling of Union producers

| (11) | In its Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of production and sales volumes of the like product in the Union. This sample consisted of three Union producers. The sampled Union producers accounted for around 77 % of the estimated total Union production and 75 % of the estimated sales volume of the like product in the Union. The Commission invited interested parties to comment on the provisional sample. The Commission received no comments. The sample was therefore considered representative of the Union industry. |
| --- | --- |

(11)

In its Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of production and sales volumes of the like product in the Union. This sample consisted of three Union producers. The sampled Union producers accounted for around 77 % of the estimated total Union production and 75 % of the estimated sales volume of the like product in the Union. The Commission invited interested parties to comment on the provisional sample. The Commission received no comments. The sample was therefore considered representative of the Union industry.

1.6.2.   Sampling of importers

Sampling of importers

| (12) | To decide whether sampling is necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation. |
| --- | --- |

(12)

To decide whether sampling is necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation.

| (13) | Only one unrelated importer provided the requested information and agreed to be included in the sample. Therefore, sampling was not necessary. |
| --- | --- |

(13)

Only one unrelated importer provided the requested information and agreed to be included in the sample. Therefore, sampling was not necessary.

1.6.3.   Sampling of exporting producers in the PRC

Sampling of exporting producers in the PRC

| (14) | To decide whether sampling is necessary and, if so, to select a sample, the Commission asked all exporting producers in the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the People’s Republic of China to the European Union to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation. |
| --- | --- |

(14)

To decide whether sampling is necessary and, if so, to select a sample, the Commission asked all exporting producers in the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the People’s Republic of China to the European Union to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.

| (15) | Two exporting producers in the country concerned came forward and provided the requested information. However, one of them declared it did not produce nor export the product under review during the review investigation period and therefore it did not wish to cooperate with the investigation. In view of the low number of replies, the Commission decided that sampling was not necessary. |
| --- | --- |

(15)

Two exporting producers in the country concerned came forward and provided the requested information. However, one of them declared it did not produce nor export the product under review during the review investigation period and therefore it did not wish to cooperate with the investigation. In view of the low number of replies, the Commission decided that sampling was not necessary.

1.7.   Questionnaire replies and remote cross-checking

Questionnaire replies and remote cross-checking

| (16) | The Commission sent a questionnaire concerning the existence of significant distortions in the PRC within the meaning of Article 2(6a)(b) of the basic Regulation to the Government of the People’s Republic of China (‘GOC’). |
| --- | --- |

(16)

The Commission sent a questionnaire concerning the existence of significant distortions in the PRC within the meaning of Article 2(6a)(b) of the basic Regulation to the Government of the People’s Republic of China (‘GOC’).

| (17) | At the initiation the questionnaire was made available in the file for inspection by interested parties and on DG Trade’s website (8). |
| --- | --- |

(17)

At the initiation the questionnaire was made available in the file for inspection by interested parties and on DG Trade’s website (8).

8

| (18) | Questionnaire replies were received from the three sampled Union producers. The exporting producer that came forward during the sampling did not provide a questionnaire reply. No reply was received from any of the unrelated importers. None of the users provided a questionnaire or came forward during the investigation. The GOC did also not provide a questionnaire reply. |
| --- | --- |

(18)

Questionnaire replies were received from the three sampled Union producers. The exporting producer that came forward during the sampling did not provide a questionnaire reply. No reply was received from any of the unrelated importers. None of the users provided a questionnaire or came forward during the investigation. The GOC did also not provide a questionnaire reply.

| (19) | Because there was no cooperation from the Chinese exporting producers or the GOC, the findings with regard to dumping and injury were made on the basis of facts available pursuant to Article 18 of the basic Regulation. The Mission of the People’s Republic of China to the European Union was informed accordingly. No comments were received. |
| --- | --- |

(19)

Because there was no cooperation from the Chinese exporting producers or the GOC, the findings with regard to dumping and injury were made on the basis of facts available pursuant to Article 18 of the basic Regulation. The Mission of the People’s Republic of China to the European Union was informed accordingly. No comments were received.

| (20) | The Commission sought all the information deemed necessary for the investigation. In accordance with the Notice on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (9), remote crosschecking (‘RCC’) processes by videoconference were carried out with the following companies: |
| --- | --- |

(20)

The Commission sought all the information deemed necessary for the investigation. In accordance with the Notice on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (9), remote crosschecking (‘RCC’) processes by videoconference were carried out with the following companies:

9

Union producers

Union producers

| — | Alcomet AD, Shumen, Bulgaria |
| --- | --- |

—

Alcomet AD, Shumen, Bulgaria

| — | Slim Aluminium SpA, Cisterna di Latina, Italy |
| --- | --- |

—

Slim Aluminium SpA, Cisterna di Latina, Italy

| — | Symetal, Athens, Greece |
| --- | --- |

—

Symetal, Athens, Greece

2.   PRODUCT UNDER REVIEW AND LIKE PRODUCT

PRODUCT UNDER REVIEW AND LIKE PRODUCT

2.1.   Product under review

Product under review

| (21) | The product under review is aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg and originating in the People’s Republic of China, currently falling under CN code ex 7607 11 19 (TARIC code 7607111910) (‘the product under review’, ‘aluminium household foil’ or ‘AHF’). |
| --- | --- |

(21)

The product under review is aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg and originating in the People’s Republic of China, currently falling under CN code ex 7607 11 19 (TARIC code 7607111910) (‘the product under review’, ‘aluminium household foil’ or ‘AHF’).

| (22) | The product under review is used for multi-purpose short-life wrapping in households, catering business, foodstuff industry and floristry retail business. |
| --- | --- |

(22)

The product under review is used for multi-purpose short-life wrapping in households, catering business, foodstuff industry and floristry retail business.

2.2.   Like product

Like product

| (23) | As established in the original investigation as well as in the previous expiry review, this expiry review investigation confirmed that the following products have the same basic physical, chemical and technical characteristics as well as the same basic uses:






  — | the product under review; |
| --- | --- | --- |

(23)

As established in the original investigation as well as in the previous expiry review, this expiry review investigation confirmed that the following products have the same basic physical, chemical and technical characteristics as well as the same basic uses:

—

the product under review;

| — | the product produced and sold on the domestic market of the country concerned, and |
| --- | --- |

—

the product produced and sold on the domestic market of the country concerned, and

| — | the product produced and sold in the Union by the Union industry. |
| --- | --- |

—

the product produced and sold in the Union by the Union industry.

| (24) | The Commission decided that those products are therefore like products within the meaning of Article 1(4) of the basic Regulation. |
| --- | --- |

(24)

The Commission decided that those products are therefore like products within the meaning of Article 1(4) of the basic Regulation.

3.   DUMPING

DUMPING

| (25) | In accordance with Article 11(2) of the basic Regulation, the Commission examined whether the expiry of the measure in force would be likely to lead to a continuation or recurrence of dumping from the PRC. |
| --- | --- |

(25)

In accordance with Article 11(2) of the basic Regulation, the Commission examined whether the expiry of the measure in force would be likely to lead to a continuation or recurrence of dumping from the PRC.

3.1.   Preliminary remarks

Preliminary remarks

| (26) | During the review investigation period, although imports of the product under review from the PRC continued, they only reached 1 588 tonnes, representing 2 % of the market share of the Union consumption. Most of these exports were made under the inward processing regime (10) and hence were subject to neither anti-dumping nor customs duty. The Commission concluded that the volume of imports was sufficiently representative to examine whether dumping continued during the review investigation period. |
| --- | --- |

(26)

During the review investigation period, although imports of the product under review from the PRC continued, they only reached 1 588 tonnes, representing 2 % of the market share of the Union consumption. Most of these exports were made under the inward processing regime (10) and hence were subject to neither anti-dumping nor customs duty. The Commission concluded that the volume of imports was sufficiently representative to examine whether dumping continued during the review investigation period.

10

3.2.   Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation

Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation

| (27) | In view of the sufficient evidence available at the initiation of the investigation pointing to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation with regard to the PRC, the Commission initiated the investigation with regard to the exporting producers from this country on the basis of Article 2(6a) of the basic Regulation. |
| --- | --- |

(27)

In view of the sufficient evidence available at the initiation of the investigation pointing to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation with regard to the PRC, the Commission initiated the investigation with regard to the exporting producers from this country on the basis of Article 2(6a) of the basic Regulation.

| (28) | Consequently, in order to collect the necessary data for the eventual application of Article 2(6a) of the basic Regulation, the Commission invited in the Notice of Initiation all producers in the PRC to provide information regarding the inputs used for producing the product under review. No producer submitted this information. |
| --- | --- |

(28)

Consequently, in order to collect the necessary data for the eventual application of Article 2(6a) of the basic Regulation, the Commission invited in the Notice of Initiation all producers in the PRC to provide information regarding the inputs used for producing the product under review. No producer submitted this information.

| (29) | In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, under point 5.3.2 of the Notice of Initiation the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in the Official Journal of the European Union. No submissions were received. |
| --- | --- |

(29)

In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, under point 5.3.2 of the Notice of Initiation the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article 2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in the Official Journal of the European Union. No submissions were received.

Official Journal of the European Union

| (30) | No questionnaire reply was received from the GOC. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the determination of the existence of significant distortions in the PRC. The Commission informed that if findings are based on facts available in accordance with Article 18, the result may be less favourable to the party than if it had cooperated. No comments were received from the GOC. |
| --- | --- |

(30)

No questionnaire reply was received from the GOC. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article 18 of the basic Regulation for the determination of the existence of significant distortions in the PRC. The Commission informed that if findings are based on facts available in accordance with Article 18, the result may be less favourable to the party than if it had cooperated. No comments were received from the GOC.

| (31) | In point 5.3.2 of the Notice of Initiation, the Commission specified that, in view of the evidence available at that stage of the investigation, possible representative countries for the purpose of determining the normal value based on undistorted prices or benchmarks pursuant to Article 2(6a)(a) of the basic Regulation for the PRC were Brazil and Turkey. The Commission further stated that it would examine other possibly appropriate representative countries in accordance with the criteria set out in Article 2(6a)(a) first indent of the basic Regulation. |
| --- | --- |

(31)

In point 5.3.2 of the Notice of Initiation, the Commission specified that, in view of the evidence available at that stage of the investigation, possible representative countries for the purpose of determining the normal value based on undistorted prices or benchmarks pursuant to Article 2(6a)(a) of the basic Regulation for the PRC were Brazil and Turkey. The Commission further stated that it would examine other possibly appropriate representative countries in accordance with the criteria set out in Article 2(6a)(a) first indent of the basic Regulation.

| (32) | On 29 January 2021, the Commission issued a first note for the file (‘the First FoP Note’) and informed interested parties on the relevant sources it intended to use for the determination of the normal value. In the First Note, the Commission provided a list of all factors of production such as raw materials, labour and energy used in the production of the product under review, based on the request of review and a submission from the applicants. In addition, based on the criteria guiding the choice of undistorted prices or benchmarks, the Commission at that stage of the investigation identified three possible representative countries, namely Brazil, the Russian Federation (‘Russia’) and Turkey. The Commission invited interested parties to submit comments. No comments on the First Note were received. |
| --- | --- |

(32)

On 29 January 2021, the Commission issued a first note for the file (‘the First FoP Note’) and informed interested parties on the relevant sources it intended to use for the determination of the normal value. In the First Note, the Commission provided a list of all factors of production such as raw materials, labour and energy used in the production of the product under review, based on the request of review and a submission from the applicants. In addition, based on the criteria guiding the choice of undistorted prices or benchmarks, the Commission at that stage of the investigation identified three possible representative countries, namely Brazil, the Russian Federation (‘Russia’) and Turkey. The Commission invited interested parties to submit comments. No comments on the First Note were received.

| (33) | On 28 May 2021, the Commission issued a second note for the file (‘the Second FoP Note’). In this note the Commission established the list of factors of production and informed interested parties on the relevant sources it intended to use for the determination of the normal value. The Commission selected Turkey as a representative country. In the absence of an appropriate representative producer of the product under review in any of the possible representative countries, the Commission considered that data of companies producing a product in the same general category as the product under review could be appropriate to source the financial data (selling, general and administrative costs (SG&A) and profits). Therefore, the Commission informed interested parties that it would establish (‘SG&A’) and profits based on financial information from five Turkish companies producing aluminium extrusion products. The Commission considered that aluminium extrusions are products having technical characteristics closely resembling those of the product under review, and they also share a similar source material composition. These products are often produced by the same companies as the product under review or within the same group. Given the similarities between the product under review and aluminium extrusion products, as well as the fact that profitable producers of aluminium extrusions have been identified, such data is deemed representative of the situation of companies producing the product under review and hence adequate for establishing normal value in accordance with Article 2(6a)(a) of the basic regulation. |
| --- | --- |

(33)

On 28 May 2021, the Commission issued a second note for the file (‘the Second FoP Note’). In this note the Commission established the list of factors of production and informed interested parties on the relevant sources it intended to use for the determination of the normal value. The Commission selected Turkey as a representative country. In the absence of an appropriate representative producer of the product under review in any of the possible representative countries, the Commission considered that data of companies producing a product in the same general category as the product under review could be appropriate to source the financial data (selling, general and administrative costs (SG&A) and profits). Therefore, the Commission informed interested parties that it would establish (‘SG&A’) and profits based on financial information from five Turkish companies producing aluminium extrusion products. The Commission considered that aluminium extrusions are products having technical characteristics closely resembling those of the product under review, and they also share a similar source material composition. These products are often produced by the same companies as the product under review or within the same group. Given the similarities between the product under review and aluminium extrusion products, as well as the fact that profitable producers of aluminium extrusions have been identified, such data is deemed representative of the situation of companies producing the product under review and hence adequate for establishing normal value in accordance with Article 2(6a)(a) of the basic regulation.

| (34) | The Commission invited interested parties to comment, but it received no comments on the Second Note. |
| --- | --- |

(34)

The Commission invited interested parties to comment, but it received no comments on the Second Note.

3.3.   Normal value

Normal value

3.3.1.   Existence of significant distortions

Existence of significant distortions

| (35) | In recent investigations concerning the aluminium sector in the PRC (11), the Commission found that significant distortions in the sense of Article 2(6a)(b) of the basic Regulation were present. |
| --- | --- |

(35)

In recent investigations concerning the aluminium sector in the PRC (11), the Commission found that significant distortions in the sense of Article 2(6a)(b) of the basic Regulation were present.

11

| (36) | In those investigations, the Commission found that there is substantial government intervention in the PRC resulting in a distortion of the effective allocation of resources in line with market principles (12). In particular, the Commission concluded that in the aluminium sector not only does a substantial degree of ownership by the GOC persists in the sense of Article 2(6a)(b), first indent of the basic Regulation (13) but the GOC is also in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation (14). The Commission further found that the State’s presence and intervention in the financial markets, as well as in the provision of raw materials and inputs, have an additional distorting effect on the market. Indeed, overall, the system of planning in the PRC results in resources being concentrated in sectors designated as strategic or otherwise politically important by the GOC, rather than being allocated in line with market forces (15). Moreover, the Commission concluded that the Chinese bankruptcy and property laws do not work properly in the sense of Article 2(6a)(b), fourth indent of the basic Regulation, thus generating distortions in particular when maintaining insolvent firms afloat and when allocating land use rights in the PRC (16). In the same vein, the Commission found distortions of wage costs in the aluminium sector in the sense of Article 2(6a)(b), fifth indent of the basic Regulation (17), as well as distortions in the financial markets in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, in particular concerning access to capital for corporate actors in the PRC (18). |
| --- | --- |

(36)

In those investigations, the Commission found that there is substantial government intervention in the PRC resulting in a distortion of the effective allocation of resources in line with market principles (12). In particular, the Commission concluded that in the aluminium sector not only does a substantial degree of ownership by the GOC persists in the sense of Article 2(6a)(b), first indent of the basic Regulation (13) but the GOC is also in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation (14). The Commission further found that the State’s presence and intervention in the financial markets, as well as in the provision of raw materials and inputs, have an additional distorting effect on the market. Indeed, overall, the system of planning in the PRC results in resources being concentrated in sectors designated as strategic or otherwise politically important by the GOC, rather than being allocated in line with market forces (15). Moreover, the Commission concluded that the Chinese bankruptcy and property laws do not work properly in the sense of Article 2(6a)(b), fourth indent of the basic Regulation, thus generating distortions in particular when maintaining insolvent firms afloat and when allocating land use rights in the PRC (16). In the same vein, the Commission found distortions of wage costs in the aluminium sector in the sense of Article 2(6a)(b), fifth indent of the basic Regulation (17), as well as distortions in the financial markets in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, in particular concerning access to capital for corporate actors in the PRC (18).

12

13

14

15

16

17

18

| (37) | Like in previous investigations concerning the aluminium sector in the PRC, the Commission examined in the present investigation whether it was appropriate or not to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation. The Commission did so on the basis of the evidence available on the file, including the evidence contained in the request, as well as in the Commission Staff Working document on significant distortions in the economy of the People’s Republic of China for the purposes of trade defence investigations (19) (‘the Report’), which relies on publicly available sources. That analysis covered the examination of the substantial government interventions in the PRC’s economy in general, but also the specific market situation in the relevant sector including the product under review. The Commission further supplemented these evidentiary elements with its own research on the various criteria relevant to confirm the existence of significant distortions in the PRC as also found by its previous investigations in this respect. |
| --- | --- |

(37)

Like in previous investigations concerning the aluminium sector in the PRC, the Commission examined in the present investigation whether it was appropriate or not to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article 2(6a) of the basic Regulation. The Commission did so on the basis of the evidence available on the file, including the evidence contained in the request, as well as in the Commission Staff Working document on significant distortions in the economy of the People’s Republic of China for the purposes of trade defence investigations (19) (‘the Report’), which relies on publicly available sources. That analysis covered the examination of the substantial government interventions in the PRC’s economy in general, but also the specific market situation in the relevant sector including the product under review. The Commission further supplemented these evidentiary elements with its own research on the various criteria relevant to confirm the existence of significant distortions in the PRC as also found by its previous investigations in this respect.

19

| (38) | The request in this case referred to the Report, in particular to the sections concerning the aluminium sector and state-owned enterprises, as well as to previous Commission investigations of downstream products (20). Moreover, the request referred to independent studies which conclude that the Chinese aluminium market is distorted due to substantial subsidization, such as the 2019 OECD study “Measuring distortions in international markets: the aluminium value chain” (21) and the 2017 report of the German non-ferrous metals industry association WVMetalle (22). These studies were placed in the investigation file at the initiation stage. No comments on the studies were provided by any interested party. The request emphasized that those studies document the significant presence of SOEs in the Chinese aluminium sector, provision of cheap raw material inputs to aluminium producers, as well as the existence of a taxation regime which effectively distorts the market. Referring again to the Report and to previous Commission investigation, the request further pointed out that Chinese authorities set prices for coal, electricity, natural gas and oil, which distorts the energy prices in the aluminium sector. In the same vein, the request referred to distortions of wages in the aluminium sector. Moreover, the request alleged distortions of machinery costs, in particular given that the aluminium sector is considered an “encouraged sector” by the Chinese authorities and is as such listed in the Chinese Government’s Guidance Catalogue for the Industrial Structure Adjustment, including its latest 2019 iteration (23). The request further pointed to distortions of financial costs due to the overall set-up of the Chinese banking system, as well as due to a number of policy documents – such as national and sectoral five years plans or policies calling on the financial institutions to support the aluminium industry. Finally, the request listed distortions originating from additional government measures, such as the export seller’s credit scheme, an income tax deduction for research and development expenses or VAT rebates on domestically produced equipment. The request referred in this connection to the 2018 United States Department of Commerce subsidy investigation of the Chinese aluminium foil sector (24). |
| --- | --- |

(38)

The request in this case referred to the Report, in particular to the sections concerning the aluminium sector and state-owned enterprises, as well as to previous Commission investigations of downstream products (20). Moreover, the request referred to independent studies which conclude that the Chinese aluminium market is distorted due to substantial subsidization, such as the 2019 OECD study “Measuring distortions in international markets: the aluminium value chain” (21) and the 2017 report of the German non-ferrous metals industry association WVMetalle (22). These studies were placed in the investigation file at the initiation stage. No comments on the studies were provided by any interested party. The request emphasized that those studies document the significant presence of SOEs in the Chinese aluminium sector, provision of cheap raw material inputs to aluminium producers, as well as the existence of a taxation regime which effectively distorts the market. Referring again to the Report and to previous Commission investigation, the request further pointed out that Chinese authorities set prices for coal, electricity, natural gas and oil, which distorts the energy prices in the aluminium sector. In the same vein, the request referred to distortions of wages in the aluminium sector. Moreover, the request alleged distortions of machinery costs, in particular given that the aluminium sector is considered an “encouraged sector” by the Chinese authorities and is as such listed in the Chinese Government’s Guidance Catalogue for the Industrial Structure Adjustment, including its latest 2019 iteration (23). The request further pointed to distortions of financial costs due to the overall set-up of the Chinese banking system, as well as due to a number of policy documents – such as national and sectoral five years plans or policies calling on the financial institutions to support the aluminium industry. Finally, the request listed distortions originating from additional government measures, such as the export seller’s credit scheme, an income tax deduction for research and development expenses or VAT rebates on domestically produced equipment. The request referred in this connection to the 2018 United States Department of Commerce subsidy investigation of the Chinese aluminium foil sector (24).

20

21

22

23

24

| (39) | In the aluminium sector, a substantial degree of ownership and control by the GOC persists in the sense of Article 2(6a)(b), first indent of the basic Regulation. Many of the largest producers are owned by the State. Since there was no cooperation from Chinese exporters of the product under review, the exact ratio of the private and state owned producers could not be determined. However, the investigation confirmed that in the aluminium sector a number of large producers are SOEs, including the Aluminium Corporation of China or the Shenhuo Group Aluminium, both of which also manufacture the product under review. |
| --- | --- |

(39)

In the aluminium sector, a substantial degree of ownership and control by the GOC persists in the sense of Article 2(6a)(b), first indent of the basic Regulation. Many of the largest producers are owned by the State. Since there was no cooperation from Chinese exporters of the product under review, the exact ratio of the private and state owned producers could not be determined. However, the investigation confirmed that in the aluminium sector a number of large producers are SOEs, including the Aluminium Corporation of China or the Shenhuo Group Aluminium, both of which also manufacture the product under review.

| (40) | As to the GOC being in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation, both public and privately owned enterprises in the aluminium sector are subject to policy supervision and guidance. The Commission has extensively documented the party building activities in its previous investigations of the aluminium sector in which a number of producers which also manufacture the product under review participated (25). In addition, many producers of the product under review explicitly emphasise party building activities on their websites, have party members in the company management and underline their affiliation to the CCP. |
| --- | --- |

(40)

As to the GOC being in a position to interfere with prices and costs through State presence in firms in the sense of Article 2(6a)(b), second indent of the basic Regulation, both public and privately owned enterprises in the aluminium sector are subject to policy supervision and guidance. The Commission has extensively documented the party building activities in its previous investigations of the aluminium sector in which a number of producers which also manufacture the product under review participated (25). In addition, many producers of the product under review explicitly emphasise party building activities on their websites, have party members in the company management and underline their affiliation to the CCP.

25

| (41) | For instance, the Nanshan group reported recently the following with respect to a party building event which took place in March 2021: “On March 19, the party branch directly under Nanshan Holdings carried out the theme party day event in March, in-depth study and implementation of the spirit of General Secretary Xi Jinping’s speech at the Party History Study and Education Conference, learn the heart of the party history, gather strength, and work hard. The relevant leaders of the party branch directly under Nanshan Holdings presided over the meeting. The branch secretary pointed out in his party lecture report that party members and cadres should give full play to their exemplary and leading role, not forget their original aspirations, and keep their mission in mind. [...] All party members and cadres expressed that they will further study and implement the spirit of General Secretary Xi Jinping’s speech at the Party History Study and Education Mobilization Conference, unify thoughts and actions to the requirements and deployment of the 14th Five-Year Plan, do not forget the original intention, keep the mission in mind, and work hard. Forge ahead, be brave to innovate, give full play to the exemplary vanguard role of party members in the enterprise [...]” (26). |
| --- | --- |

(41)

For instance, the Nanshan group reported recently the following with respect to a party building event which took place in March 2021: “On March 19, the party branch directly under Nanshan Holdings carried out the theme party day event in March, in-depth study and implementation of the spirit of General Secretary Xi Jinping’s speech at the Party History Study and Education Conference, learn the heart of the party history, gather strength, and work hard. The relevant leaders of the party branch directly under Nanshan Holdings presided over the meeting. The branch secretary pointed out in his party lecture report that party members and cadres should give full play to their exemplary and leading role, not forget their original aspirations, and keep their mission in mind. [...] All party members and cadres expressed that they will further study and implement the spirit of General Secretary Xi Jinping’s speech at the Party History Study and Education Mobilization Conference, unify thoughts and actions to the requirements and deployment of the 14th Five-Year Plan, do not forget the original intention, keep the mission in mind, and work hard. Forge ahead, be brave to innovate, give full play to the exemplary vanguard role of party members in the enterprise [...]” (26).

26

| (42) | Similarly, the state-owned Dengfeng Electricity Group indicates on its website that “on the afternoon of November 10th [2020], the corporate management classroom training of the group company was held in the sixth meeting room. A total of 66 people from the group company directors and above management personnel, various business departments, directly affiliated enterprises and sub-enterprise leaders participated. [...] Next, the group company will further conscientiously study the important speech of General Secretary Xi Jinping at the plenary meeting, understand the spirit of the plenary meeting, [...] and earnestly understand the decision-making and deployment of the Party Central Committee, condense wisdom and strength to achieve the goals and tasks set in the ‘14th Five-Year Plan’” (27). |
| --- | --- |

(42)

Similarly, the state-owned Dengfeng Electricity Group indicates on its website that “on the afternoon of November 10th [2020], the corporate management classroom training of the group company was held in the sixth meeting room. A total of 66 people from the group company directors and above management personnel, various business departments, directly affiliated enterprises and sub-enterprise leaders participated. [...] Next, the group company will further conscientiously study the important speech of General Secretary Xi Jinping at the plenary meeting, understand the spirit of the plenary meeting, [...] and earnestly understand the decision-making and deployment of the Party Central Committee, condense wisdom and strength to achieve the goals and tasks set in the ‘14th Five-Year Plan’” (27).

27

| (43) | Furthermore, policies discriminating in favour of domestic producers or otherwise influencing the market in the sense of Article 2(6a)(b), third indent of the basic Regulation are in place in the aluminium sector. |
| --- | --- |

(43)

Furthermore, policies discriminating in favour of domestic producers or otherwise influencing the market in the sense of Article 2(6a)(b), third indent of the basic Regulation are in place in the aluminium sector.

| (44) | The aluminium sector is subject to numerous plans, guidelines, directives and other policy documents issued at national, regional and municipal level. Those policies in place during the review investigation period, ranging from the 13th Five-Year Plan on Economic and Social Development (28) or the Non-Ferrous Metal Industry Development Plan (2016-2020) and other policies at the national level, through regional plans such as, for example, the Shandong Province Government’s Notice on the implementation plan for accelerating the high-quality development of the seven energy-intensive industries have been extensively documented by the Commission’s previous investigation of the sector (29). Similarly, the Commission has documented in detail that the aluminium industry benefits from governmental guidance and intervention concerning the main raw materials and inputs, in particular energy (30). The same applies to other government measures in the sector interfering with market forces, such as, among others, export-related policies, stockpiling policies, production capacity expansion policies (31) or provision of inputs at below market prices (32). |
| --- | --- |

(44)

The aluminium sector is subject to numerous plans, guidelines, directives and other policy documents issued at national, regional and municipal level. Those policies in place during the review investigation period, ranging from the 13th Five-Year Plan on Economic and Social Development (28) or the Non-Ferrous Metal Industry Development Plan (2016-2020) and other policies at the national level, through regional plans such as, for example, the Shandong Province Government’s Notice on the implementation plan for accelerating the high-quality development of the seven energy-intensive industries have been extensively documented by the Commission’s previous investigation of the sector (29). Similarly, the Commission has documented in detail that the aluminium industry benefits from governmental guidance and intervention concerning the main raw materials and inputs, in particular energy (30). The same applies to other government measures in the sector interfering with market forces, such as, among others, export-related policies, stockpiling policies, production capacity expansion policies (31) or provision of inputs at below market prices (32).

28

29

30

31

32

| (45) | In sum, the GOC has measures in place to induce operators to comply with the public policy objectives of supporting encouraged industries, including the production of the main inputs used in the manufacturing of the product under review. Such measures impede market forces from operating freely. |
| --- | --- |

(45)

In sum, the GOC has measures in place to induce operators to comply with the public policy objectives of supporting encouraged industries, including the production of the main inputs used in the manufacturing of the product under review. Such measures impede market forces from operating freely.

| (46) | The present investigation has not revealed any evidence that the discriminatory application or inadequate enforcement of bankruptcy and property laws according to Article 2(6a)(b), fourth indent of the basic Regulation in the aluminium sector referred to above in recital (36) would not affect the manufacturers of the product under review. |
| --- | --- |

(46)

The present investigation has not revealed any evidence that the discriminatory application or inadequate enforcement of bankruptcy and property laws according to Article 2(6a)(b), fourth indent of the basic Regulation in the aluminium sector referred to above in recital (36) would not affect the manufacturers of the product under review.

| (47) | The aluminium sector is also affected by the distortions of wage costs in the sense of Article 2(6a)(b), fifth indent of the basic Regulation, as also referred to above in recital (36). Those distortion affect the sector both directly (when producing the product under review or the main inputs), as well as indirectly (when having access to capital or inputs from companies subject to the same labour system in the PRC). |
| --- | --- |

(47)

The aluminium sector is also affected by the distortions of wage costs in the sense of Article 2(6a)(b), fifth indent of the basic Regulation, as also referred to above in recital (36). Those distortion affect the sector both directly (when producing the product under review or the main inputs), as well as indirectly (when having access to capital or inputs from companies subject to the same labour system in the PRC).

| (48) | Moreover, no evidence was submitted in the present investigation demonstrating that the aluminium sector is not affected by the government intervention in the financial system in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, as also referred to above in recital (36). Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels. |
| --- | --- |

(48)

Moreover, no evidence was submitted in the present investigation demonstrating that the aluminium sector is not affected by the government intervention in the financial system in the sense of Article 2(6a)(b), sixth indent of the basic Regulation, as also referred to above in recital (36). Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels.

| (49) | Finally, the Commission recalls that in order to produce the product under review, a number of inputs is needed. When the producers of the product under review purchase or contract for these inputs, the prices paid (and which are recorded as their costs) are exposed to the same systemic distortions mentioned before. For instance, suppliers of inputs employ labour that is subject to the distortions; they may borrow money that is subject to the distortions on the financial sector/capital allocation; and they are subject to the planning system that applies across all levels of government and sectors. |
| --- | --- |

(49)

Finally, the Commission recalls that in order to produce the product under review, a number of inputs is needed. When the producers of the product under review purchase or contract for these inputs, the prices paid (and which are recorded as their costs) are exposed to the same systemic distortions mentioned before. For instance, suppliers of inputs employ labour that is subject to the distortions; they may borrow money that is subject to the distortions on the financial sector/capital allocation; and they are subject to the planning system that applies across all levels of government and sectors.

| (50) | As a consequence, not only the domestic sales prices of the product under review are not appropriate for use within the meaning of Article 2(6a)(a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are also affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout the PRC. This means, for instance, that an input that in itself was produced in the PRC by combining a range of factors of production is exposed to significant distortions. The same applies for the input to the input and so forth. |
| --- | --- |

(50)

As a consequence, not only the domestic sales prices of the product under review are not appropriate for use within the meaning of Article 2(6a)(a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are also affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout the PRC. This means, for instance, that an input that in itself was produced in the PRC by combining a range of factors of production is exposed to significant distortions. The same applies for the input to the input and so forth.

| (51) | No evidence or argument to the contrary has been adduced by any of the interested parties. |
| --- | --- |

(51)

No evidence or argument to the contrary has been adduced by any of the interested parties.

| (52) | In sum, the evidence available showed that prices or costs of the product under review, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation as shown by the actual or potential impact of one or more of the relevant elements listed therein. On that basis, and in the absence of any cooperation from the GOC, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case. Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the basic Regulation, as discussed in the following section. |
| --- | --- |

(52)

In sum, the evidence available showed that prices or costs of the product under review, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article 2(6a)(b) of the basic Regulation as shown by the actual or potential impact of one or more of the relevant elements listed therein. On that basis, and in the absence of any cooperation from the GOC, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case. Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article 2(6a)(a) of the basic Regulation, as discussed in the following section.

3.3.2.   Representative country

Representative country

(a)   
  General remarks

General remarks

| (53) | Pursuant to Article 2(6a) of the basic Regulation, the choice of the representative country was based on the following criteria:






  — | a level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank (33); |
| --- | --- | --- |

(53)

Pursuant to Article 2(6a) of the basic Regulation, the choice of the representative country was based on the following criteria:

—

a level of economic development similar to the PRC. For this purpose, the Commission used countries with a gross national income per capita similar to the PRC on the basis of the database of the World Bank (33);

33

| — | production of the product under review in that country; |
| --- | --- |

—

production of the product under review in that country;

| — | availability of relevant public data in the representative country. |
| --- | --- |

—

availability of relevant public data in the representative country.

| — | Where there is more than one possible representative country, preference was given, where appropriate, to the country with an adequate level of social and environmental protection. |
| --- | --- |

—

Where there is more than one possible representative country, preference was given, where appropriate, to the country with an adequate level of social and environmental protection.

| (54) | As explained in recitals (32) to (33), the Commission issued two notes to the file on the sources for the determination of the normal value: the First FoP Note and the Second FoP Note. In the Second FoP Note, the Commission informed interested parties of the selection of Turkey as appropriate representative country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic Regulation would be confirmed. |
| --- | --- |

(54)

As explained in recitals (32) to (33), the Commission issued two notes to the file on the sources for the determination of the normal value: the First FoP Note and the Second FoP Note. In the Second FoP Note, the Commission informed interested parties of the selection of Turkey as appropriate representative country in the present case if the existence of significant distortions pursuant to Article 2(6a) of the basic Regulation would be confirmed.

(b)   
  A level of economic development similar to the PRC and production of the product under review

A level of economic development similar to the PRC and production of the product under review

| (55) | In the First FoP Note, the Commission identified Armenia, Brazil, Russia and Turkey as countries with a similar level of economic development as the PRC according to the World Bank, i.e. they were all classified by the World Bank as ‘upper-middle income’ countries on a gross national income basis during the RIP, where production of the product under review was known to take place. |
| --- | --- |

(55)

In the First FoP Note, the Commission identified Armenia, Brazil, Russia and Turkey as countries with a similar level of economic development as the PRC according to the World Bank, i.e. they were all classified by the World Bank as ‘upper-middle income’ countries on a gross national income basis during the RIP, where production of the product under review was known to take place.

| (56) | No comments were received concerning the countries identified in that note. |
| --- | --- |

(56)

No comments were received concerning the countries identified in that note.

(c)   
  Availability of relevant public data in the representative country

Availability of relevant public data in the representative country

| (57) | For the four countries mentioned at recital (55) above, the Commission further verified the availability of public financial data concerning the producers of the product under review in those countries. |
| --- | --- |

(57)

For the four countries mentioned at recital (55) above, the Commission further verified the availability of public financial data concerning the producers of the product under review in those countries.

| (58) | With regard to Armenia, there was no publicly available financial data for the sole known producer (34). In the absence of comments by the interested parties the Commission therefore concluded that Armenia could not be considered as an appropriate representative country for this investigation. |
| --- | --- |

(58)

With regard to Armenia, there was no publicly available financial data for the sole known producer (34). In the absence of comments by the interested parties the Commission therefore concluded that Armenia could not be considered as an appropriate representative country for this investigation.

34

| (59) | With regard to Brazil, the Commission identified in the First FoP Note two producers of AHF, namely Companhia Brasileira de Aluminio (‘CBA’) and Novelis do Brasil Ltda (‘Novelis’). CBA was loss making during the review investigation period and was therefore excluded for the determination of SG&A and profit. As regards Novelis, even though its financial data was available and the company was profitable during the review investigation period, in the Second FoP Note the Commission concluded that the company could not be considered for the following reasons: first, the Commission noted that there was an anti-dumping proceeding on Chinese imports of aluminium products, including AHF, ongoing in Brazil. The allegedly dumped Chinese imports may have a distorting effect on the Brazilian market, for example by creating price depression or causing injurious losses to the Brazilian aluminium industry; second, the overall profit reported in the financial statement of Novelis as found in the Dun and Bradstreet database was inconsistent with the loss-making financial results presented in the framework of the anti-dumping investigation conducted by the Brazilian authorities and where Novelis was one of the domestic complainants. This casted serious doubts on the quality and accuracy of Novelis’ financial data available on Dun and Bradstreet. In addition, in the Second FoP Note the Commission stressed the existence of export restrictions on aluminium products in Brazil, notably an export quota on a key input (Aluminium alloys) and a by-product (Aluminium scraps) in the production of aluminium household foils. Therefore, the Commission concluded in the Second FoP Note that Brazil could not be considered an appropriate representative country. |
| --- | --- |

(59)

With regard to Brazil, the Commission identified in the First FoP Note two producers of AHF, namely Companhia Brasileira de Aluminio (‘CBA’) and Novelis do Brasil Ltda (‘Novelis’). CBA was loss making during the review investigation period and was therefore excluded for the determination of SG&A and profit. As regards Novelis, even though its financial data was available and the company was profitable during the review investigation period, in the Second FoP Note the Commission concluded that the company could not be considered for the following reasons: first, the Commission noted that there was an anti-dumping proceeding on Chinese imports of aluminium products, including AHF, ongoing in Brazil. The allegedly dumped Chinese imports may have a distorting effect on the Brazilian market, for example by creating price depression or causing injurious losses to the Brazilian aluminium industry; second, the overall profit reported in the financial statement of Novelis as found in the Dun and Bradstreet database was inconsistent with the loss-making financial results presented in the framework of the anti-dumping investigation conducted by the Brazilian authorities and where Novelis was one of the domestic complainants. This casted serious doubts on the quality and accuracy of Novelis’ financial data available on Dun and Bradstreet. In addition, in the Second FoP Note the Commission stressed the existence of export restrictions on aluminium products in Brazil, notably an export quota on a key input (Aluminium alloys) and a by-product (Aluminium scraps) in the production of aluminium household foils. Therefore, the Commission concluded in the Second FoP Note that Brazil could not be considered an appropriate representative country.

| (60) | With regard to Russia, although financial data of the three producers of aluminium household foils identified in the First FoP Note were publicly available, in the Second FoP Note the Commission concluded that Russia could not be considered an appropriate representative country. The reasons for this conclusion were the existence of export restrictions on aluminium, the existence of natural gas distortions on the domestic market and the fact that the aluminium market in Russia appeared to be dominated by one company group (Rusal), preventing effective competition on the Russian domestic market. |
| --- | --- |

(60)

With regard to Russia, although financial data of the three producers of aluminium household foils identified in the First FoP Note were publicly available, in the Second FoP Note the Commission concluded that Russia could not be considered an appropriate representative country. The reasons for this conclusion were the existence of export restrictions on aluminium, the existence of natural gas distortions on the domestic market and the fact that the aluminium market in Russia appeared to be dominated by one company group (Rusal), preventing effective competition on the Russian domestic market.

| (61) | With regard to Turkey, of the three producers of aluminium household foil identified in the First FoP Note, recent financial data were available only for one company, namely Asaş Aluminyum. However, the profit achieved by Asaş Aluminyum was close to break-even. The Commission did not consider such low profit margin as reasonable within the meaning of Article 2(6a)(a) of the basic Regulation, taking into consideration that (i) as set out in Implementing Regulation (EU) 2020/1428 imposing a provisional anti-dumping duty on imports of aluminium extrusions originating in the People’s Republic of China (35) the level of profit achieved in the aluminium extrusion sector in Turkey in 2018 was substantially higher, i.e. 7,3 %, and (ii) the profit obtained by the Union industry in the absence of injurious dumping, as used in the original investigation was 5 %. Therefore, the Commission concluded in the Second FoP Note that Asaş Aluminyum’s financial data could not be used as a basis to determine SG&A and profit according to Article 2(6a)(a) of the basic Regulation, which provides that “the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits”. |
| --- | --- |

(61)

With regard to Turkey, of the three producers of aluminium household foil identified in the First FoP Note, recent financial data were available only for one company, namely Asaş Aluminyum. However, the profit achieved by Asaş Aluminyum was close to break-even. The Commission did not consider such low profit margin as reasonable within the meaning of Article 2(6a)(a) of the basic Regulation, taking into consideration that (i) as set out in Implementing Regulation (EU) 2020/1428 imposing a provisional anti-dumping duty on imports of aluminium extrusions originating in the People’s Republic of China (35) the level of profit achieved in the aluminium extrusion sector in Turkey in 2018 was substantially higher, i.e. 7,3 %, and (ii) the profit obtained by the Union industry in the absence of injurious dumping, as used in the original investigation was 5 %. Therefore, the Commission concluded in the Second FoP Note that Asaş Aluminyum’s financial data could not be used as a basis to determine SG&A and profit according to Article 2(6a)(a) of the basic Regulation, which provides that “the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits”.

35

| (62) | In conclusion, there were no producers of aluminium household foil in Turkey whose financial data could be used to determine a reasonable amount for SG&A and profit. |
| --- | --- |

(62)

In conclusion, there were no producers of aluminium household foil in Turkey whose financial data could be used to determine a reasonable amount for SG&A and profit.

| (63) | Therefore, the Commission considered whether data from companies producing a product in the same general category as the product under review could be used. The Commission concluded in the Second FoP Note that aluminium extrusion products had technical characteristics closely resembling those of the product under review, and that they shared a similar source material composition. Both are often produced by the same companies or within the same group. Therefore, the Commission found that it was appropriate in the present case to use data of Turkish companies active in the sector of aluminium extrusion products. Financial data covering half of the review investigation period were available for five aluminium extrusion producers in Turkey (36), and such data were considered representative of the situation of companies producing aluminium household foil. Therefore, the weighted average SG&A and profit of those five companies was used in order to determine an undistorted and reasonable amount for SG&A and profit for companies producing aluminium household foil. |
| --- | --- |

(63)

Therefore, the Commission considered whether data from companies producing a product in the same general category as the product under review could be used. The Commission concluded in the Second FoP Note that aluminium extrusion products had technical characteristics closely resembling those of the product under review, and that they shared a similar source material composition. Both are often produced by the same companies or within the same group. Therefore, the Commission found that it was appropriate in the present case to use data of Turkish companies active in the sector of aluminium extrusion products. Financial data covering half of the review investigation period were available for five aluminium extrusion producers in Turkey (36), and such data were considered representative of the situation of companies producing aluminium household foil. Therefore, the weighted average SG&A and profit of those five companies was used in order to determine an undistorted and reasonable amount for SG&A and profit for companies producing aluminium household foil.

36

| (64) | Interested parties were invited to comment on the appropriateness of Turkey as a representative country and of the five aluminium extrusion producers as producers in the representative country. No comments were received. |
| --- | --- |

(64)

Interested parties were invited to comment on the appropriateness of Turkey as a representative country and of the five aluminium extrusion producers as producers in the representative country. No comments were received.

(d)   
  Level of social and environmental protection

Level of social and environmental protection

| (65) | Having established that Turkey was the only available appropriate representative country, based on all of the above elements, there was no need to carry out an assessment of the level of social and environmental protection in accordance with the last sentence of Article 2(6a)(a) first indent of the basic Regulation. |
| --- | --- |

(65)

Having established that Turkey was the only available appropriate representative country, based on all of the above elements, there was no need to carry out an assessment of the level of social and environmental protection in accordance with the last sentence of Article 2(6a)(a) first indent of the basic Regulation.

(e)   
  Conclusion on the representative country

Conclusion on the representative country

| (66) | In view of the above analysis, Turkey met all the criteria laid down in Article 2(6a)(a) first indent of the basic Regulation, and was therefore considered the appropriate representative country. |
| --- | --- |

(66)

In view of the above analysis, Turkey met all the criteria laid down in Article 2(6a)(a) first indent of the basic Regulation, and was therefore considered the appropriate representative country.

3.3.3.   Sources used to establish undistorted costs

Sources used to establish undistorted costs

| (67) | In the First FoP Note, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under review, and invited the interested parties to comment and propose publicly available information on undistorted values for each of the factors of production mentioned in that note. |
| --- | --- |

(67)

In the First FoP Note, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under review, and invited the interested parties to comment and propose publicly available information on undistorted values for each of the factors of production mentioned in that note.

| (68) | As there was no cooperation from the Chinese producers and no comments from any of the interested parties, the Commission based itself on the information submitted by the applicant. In the Second FoP Note the Commission updated the list of factors of production used to establish the normal value based on the crosschecked information provided by one of the applicants that was, according to the applicants and in absence of any other information, considered to have factors of production and a production process representative of the Chinese exporting producers. |
| --- | --- |

(68)

As there was no cooperation from the Chinese producers and no comments from any of the interested parties, the Commission based itself on the information submitted by the applicant. In the Second FoP Note the Commission updated the list of factors of production used to establish the normal value based on the crosschecked information provided by one of the applicants that was, according to the applicants and in absence of any other information, considered to have factors of production and a production process representative of the Chinese exporting producers.

| (69) | In the Second FoP Note the Commission also stated that in order to construct the normal value in accordance with Article 2(6a)(a) of the basic Regulation, it would use data from the Global Trade Atlas (‘GTA’) (37) to establish the undistorted cost of the main factors of production, notably the raw materials. In addition, the Commission stated that it would use information from the Turkish Statistical Institute for establishing undistorted costs of labour (38) and energy (39). |
| --- | --- |

(69)

In the Second FoP Note the Commission also stated that in order to construct the normal value in accordance with Article 2(6a)(a) of the basic Regulation, it would use data from the Global Trade Atlas (‘GTA’) (37) to establish the undistorted cost of the main factors of production, notably the raw materials. In addition, the Commission stated that it would use information from the Turkish Statistical Institute for establishing undistorted costs of labour (38) and energy (39).

37

38

39

| (70) | Finally, the Commission stated that to establish SG&A costs and profit, it would use the financial data from the five Turkish producers of aluminium extrusion products, as set out in recital (63) above. |
| --- | --- |

(70)

Finally, the Commission stated that to establish SG&A costs and profit, it would use the financial data from the five Turkish producers of aluminium extrusion products, as set out in recital (63) above.

| (71) | The Commission included a value for manufacturing overhead costs in order to cover costs not included in the factors of production referred to above. The Commission established the ratio of manufacturing overheads to the direct costs of manufacturing, based on data of the Union producer referred to in recital (68) above, which provided specific information for that purpose. The methodology is duly explained in section 3.3.4 below. |
| --- | --- |

(71)

The Commission included a value for manufacturing overhead costs in order to cover costs not included in the factors of production referred to above. The Commission established the ratio of manufacturing overheads to the direct costs of manufacturing, based on data of the Union producer referred to in recital (68) above, which provided specific information for that purpose. The methodology is duly explained in section 3.3.4 below.

3.3.4.   Factors of production

Factors of production

| (72) | Considering all the information submitted by the interested parties and collected and cross-checked during the RCC process, the following factors of production and their sources have been identified in order to determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:

  Factors of production of AHF









  Factor of Production | Commodity Code | Value (RMB) | Unit |
| --- | --- | --- | --- | --- |
| Raw materials |
| Aluminium alloys unwrought, other (‘casted coil’) | 7601 20 80 | 14,01 | kg |
| Rolling Oil | 2710 19 29 | 12,34 | kg |
| Energy |
| Electricity | N/A | 0,61 | kWh |
| Natural Gas | 2711 21 00 | 1,97 | M3 |
| Labour |
| Labour cost in the manufacturing sector (NACE C.24) | N/A | 57,59 | hour per kg |
| By-product |
| Aluminium scrap | 7602 00 19 | 10,63 | kg |

(72)

Considering all the information submitted by the interested parties and collected and cross-checked during the RCC process, the following factors of production and their sources have been identified in order to determine the normal value in accordance with Article 2(6a)(a) of the basic Regulation:

Factors of production of AHF

Factors of production of AHF

Factor of Production

Commodity Code

Value (RMB)

Unit

Raw materials

Aluminium alloys unwrought, other (‘casted coil’)

7601 20 80

14,01

kg

Rolling Oil

2710 19 29

12,34

kg

Energy

Electricity

N/A

0,61

kWh

Natural Gas

2711 21 00

1,97

M3

3

Labour

Labour cost in the manufacturing sector (NACE C.24)

N/A

57,59

hour per kg

By-product

Aluminium scrap

7602 00 19

10,63

kg

(1)   
  Raw materials and by-product

Raw materials and by-product

| (73) | In order to establish the undistorted price of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis the weighted average import price at CIF level to the representative country as reported in GTA, to which import duties and transport costs were added, where applicable. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding the PRC and countries which are not members of the WTO as listed in Annex 1 of Regulation (EU) 2015/755 of the European Parliament and the Council (40). |
| --- | --- |

(73)

In order to establish the undistorted price of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis the weighted average import price at CIF level to the representative country as reported in GTA, to which import duties and transport costs were added, where applicable. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries excluding the PRC and countries which are not members of the WTO as listed in Annex 1 of Regulation (EU) 2015/755 of the European Parliament and the Council (40).

40

| (74) | The Commission decided to exclude imports from the PRC into the representative country as it concluded in section 3.3.1 above that it is not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions did not equally affect products intended for export, the Commission considered that the same distortions affected export prices. This exclusion did not have a significant impact, as the remaining imports were still significant (i.e. 75 000 tonnes of foil stock, 700 000 tonnes of rolling oil, and 161 000 tonnes of aluminium scrap). |
| --- | --- |

(74)

The Commission decided to exclude imports from the PRC into the representative country as it concluded in section 3.3.1 above that it is not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions in accordance with Article 2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions did not equally affect products intended for export, the Commission considered that the same distortions affected export prices. This exclusion did not have a significant impact, as the remaining imports were still significant (i.e. 75 000 tonnes of foil stock, 700 000 tonnes of rolling oil, and 161 000 tonnes of aluminium scrap).

(2)   
  Labour

Labour

| (75) | To establish the benchmark for labour costs in the representative country, the Commission used the most recent statistics published by the Turkish Statistical Institute (41). This institute publishes detailed information on labour costs in different economic sectors in Turkey. The Commission established the benchmark based on hourly labour costs for 2016 (42) for the economic activity C.24, i.e. Manufacture of basic metals (43) according to NACE Rev.2 classification. The values were further adjusted for inflation using the domestic producer price index (44) to reflect the costs for the RIP. |
| --- | --- |

(75)

To establish the benchmark for labour costs in the representative country, the Commission used the most recent statistics published by the Turkish Statistical Institute (41). This institute publishes detailed information on labour costs in different economic sectors in Turkey. The Commission established the benchmark based on hourly labour costs for 2016 (42) for the economic activity C.24, i.e. Manufacture of basic metals (43) according to NACE Rev.2 classification. The values were further adjusted for inflation using the domestic producer price index (44) to reflect the costs for the RIP.

41

42

43

44

(3)   
  Electricity

Electricity

| (76) | The price of electricity for industrial users in Turkey is published by the Turkish Statistical Institute (45). The Commission used data on the industrial electricity prices in the corresponding consumption band in Kuruş/kWh covering the RIP. |
| --- | --- |

(76)

The price of electricity for industrial users in Turkey is published by the Turkish Statistical Institute (45). The Commission used data on the industrial electricity prices in the corresponding consumption band in Kuruş/kWh covering the RIP.

45

(4)   
  Natural gas

Natural gas

| (77) | The price of natural gas for industrial users in Turkey is published by the Turkish Statistical Institute (46). The Commission used data on the industrial gas prices in the corresponding consumption band in Kuruş/M3 covering the RIP. |
| --- | --- |

(77)

The price of natural gas for industrial users in Turkey is published by the Turkish Statistical Institute (46). The Commission used data on the industrial gas prices in the corresponding consumption band in Kuruş/M3 covering the RIP.

46

(5)   
  Manufacturing overhead costs, SG&A and profits

Manufacturing overhead costs, SG&A and profits

| (78) | According to Article 2(6a)(a) of the basic Regulation, “the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits”. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above. |
| --- | --- |

(78)

According to Article 2(6a)(a) of the basic Regulation, “the constructed normal value shall include an undistorted and reasonable amount for administrative, selling and general costs and for profits”. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above.

| (79) | In order to establish an undistorted value of the manufacturing overheads and given the absence of cooperation from the Chinese exporting producers, the Commission used facts available in accordance with Article 18 of the basic Regulation. Therefore, based on data of Union producers provided by the applicants, the Commission established the ratio of manufacturing overheads to the direct costs of manufacturing. This percentage was then applied to the undistorted value of the direct costs of manufacturing to obtain the undistorted value of manufacturing overheads. |
| --- | --- |

(79)

In order to establish an undistorted value of the manufacturing overheads and given the absence of cooperation from the Chinese exporting producers, the Commission used facts available in accordance with Article 18 of the basic Regulation. Therefore, based on data of Union producers provided by the applicants, the Commission established the ratio of manufacturing overheads to the direct costs of manufacturing. This percentage was then applied to the undistorted value of the direct costs of manufacturing to obtain the undistorted value of manufacturing overheads.

| (80) | For establishing an undistorted and reasonable amount for SG&A and profit, the Commission relied on the most recent available financial data of the five companies in Turkey that had been identified in the Second FoP Note as active and profitable producers of a product in the same general category i.e. aluminium extrusion products, as explained in recital (63) above. Financial data for the following five companies as extracted from Dun and Bradstreet (47) was used:






  (1) | Eksal Aluminyum Kalip Sanayi Ve Ticaret Limited Sirketi (financial year 2020), |
| --- | --- | --- |

(80)

For establishing an undistorted and reasonable amount for SG&A and profit, the Commission relied on the most recent available financial data of the five companies in Turkey that had been identified in the Second FoP Note as active and profitable producers of a product in the same general category i.e. aluminium extrusion products, as explained in recital (63) above. Financial data for the following five companies as extracted from Dun and Bradstreet (47) was used:

47

(1)

Eksal Aluminyum Kalip Sanayi Ve Ticaret Limited Sirketi (financial year 2020),

| (2) | Okyanus Aluminyum Sanayi Ticaret Anonim Sirketi (financial year 2020), |
| --- | --- |

(2)

Okyanus Aluminyum Sanayi Ticaret Anonim Sirketi (financial year 2020),

| (3) | Cuhadaroglu Metal Sanayi Ve Pazarlama Anonim Sirketi (financial year 2020), |
| --- | --- |

(3)

Cuhadaroglu Metal Sanayi Ve Pazarlama Anonim Sirketi (financial year 2020),

| (4) | P.M.S. Metal Profil Aluminyum Sanayi Ve Ticaret Anonim Sirketi (financial year 2020), |
| --- | --- |

(4)

P.M.S. Metal Profil Aluminyum Sanayi Ve Ticaret Anonim Sirketi (financial year 2020),

| (5) | Cansan Aluminyum Profil Sanayi Ve Ticaret Anonim Sirketi (financial year 2019). |
| --- | --- |

(5)

Cansan Aluminyum Profil Sanayi Ve Ticaret Anonim Sirketi (financial year 2019).

3.3.5.   Calculation of the normal value

Calculation of the normal value

| (81) | On the basis of the above, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation. |
| --- | --- |

(81)

On the basis of the above, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.

| (82) | First, the Commission established the undistorted manufacturing costs. In the absence of cooperation by any Chinese producer, the Commission relied on the information provided by one of the applicants, as mentioned in recital (68), on its usage of each factor (materials and labour) for the production of the product under review. These consumption ratios were verified during an RCC process. The Commission then multiplied the usage factors by the undistorted costs per unit observed in the representative country, as described in section 3.3.4 above. |
| --- | --- |

(82)

First, the Commission established the undistorted manufacturing costs. In the absence of cooperation by any Chinese producer, the Commission relied on the information provided by one of the applicants, as mentioned in recital (68), on its usage of each factor (materials and labour) for the production of the product under review. These consumption ratios were verified during an RCC process. The Commission then multiplied the usage factors by the undistorted costs per unit observed in the representative country, as described in section 3.3.4 above.

| (83) | Once the undistorted manufacturing cost established, the Commission added manufacturing overheads and depreciation, as explained in recital (78) to the undistorted cost of manufacturing in order to arrive at the undistorted costs of production. |
| --- | --- |

(83)

Once the undistorted manufacturing cost established, the Commission added manufacturing overheads and depreciation, as explained in recital (78) to the undistorted cost of manufacturing in order to arrive at the undistorted costs of production.

| (84) | To the costs of production established as described in the previous recital, the Commission applied SG&A and profit of the five companies in the representative country. SG&A expressed as a percentage of the Costs of Goods Sold (‘COGS’) and applied to the undistorted costs of production, amounted to 14,1 %. The profit expressed as a percentage of the COGS and applied to the undistorted costs of production, amounted to 7,1 %. |
| --- | --- |

(84)

To the costs of production established as described in the previous recital, the Commission applied SG&A and profit of the five companies in the representative country. SG&A expressed as a percentage of the Costs of Goods Sold (‘COGS’) and applied to the undistorted costs of production, amounted to 14,1 %. The profit expressed as a percentage of the COGS and applied to the undistorted costs of production, amounted to 7,1 %.

| (85) | On that basis, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation. |
| --- | --- |

(85)

On that basis, the Commission constructed the normal value on an ex-works basis in accordance with Article 2(6a)(a) of the basic Regulation.

3.4.   Export price

Export price

| (86) | In the absence of cooperation by any Chinese producer, the export price was determined based on facts available in accordance with Article 18 of the basic Regulation. Thus, export prices were based on CIF prices recorded in Eurostat corrected to ex-works level. Thus, the CIF export price was reduced by the sea freight and insurance costs and domestic transport cost in China. Domestic Chinese and international transport costs were based on information provided by the applicants in the request for review, which were found in line with the transport costs calculated using external databases (World Bank and OECD). |
| --- | --- |

(86)

In the absence of cooperation by any Chinese producer, the export price was determined based on facts available in accordance with Article 18 of the basic Regulation. Thus, export prices were based on CIF prices recorded in Eurostat corrected to ex-works level. Thus, the CIF export price was reduced by the sea freight and insurance costs and domestic transport cost in China. Domestic Chinese and international transport costs were based on information provided by the applicants in the request for review, which were found in line with the transport costs calculated using external databases (World Bank and OECD).

3.5.   Comparison and dumping margin

Comparison and dumping margin

| (87) | The Commission compared the normal value established in accordance with Article 2(6a)(a) of the basic Regulation and the export price as established above on an ex-works basis. |
| --- | --- |

(87)

The Commission compared the normal value established in accordance with Article 2(6a)(a) of the basic Regulation and the export price as established above on an ex-works basis.

| (88) | On that basis, the weighted average dumping margin, expressed as a percentage of the CIF Union frontier price, duty unpaid, was found at a level of 72,2 % during the RIP. |
| --- | --- |

(88)

On that basis, the weighted average dumping margin, expressed as a percentage of the CIF Union frontier price, duty unpaid, was found at a level of 72,2 % during the RIP.

3.6.   Conclusion

Conclusion

| (89) | The Commission concluded that exports to the Union of the product under review from the PRC continued to be dumped during the review investigation period. |
| --- | --- |

(89)

The Commission concluded that exports to the Union of the product under review from the PRC continued to be dumped during the review investigation period.

4.   LIKELIHOOD OF CONTINUATION OF DUMPING SHOULD THE MEASURES LAPSE

LIKELIHOOD OF CONTINUATION OF DUMPING SHOULD THE MEASURES LAPSE

| (90) | Further to the finding of the existence of dumping during the RIP, the Commission investigated the likelihood of continuation of dumping should the measures lapse, in accordance with Article 11(2) of the basic Regulation. The following elements were analysed: the production capacity and spare capacity in the PRC, availability of other markets and price behaviour of the Chinese exports as well as the attractiveness of the Union market. It is recalled that due to the non-cooperation from the Chinese exporting producers as well as the GOC, the analysis was based on facts available in accordance with Article 18 of the basic Regulation, in particular the request for review, GTA statistics and publicly available information. |
| --- | --- |

(90)

Further to the finding of the existence of dumping during the RIP, the Commission investigated the likelihood of continuation of dumping should the measures lapse, in accordance with Article 11(2) of the basic Regulation. The following elements were analysed: the production capacity and spare capacity in the PRC, availability of other markets and price behaviour of the Chinese exports as well as the attractiveness of the Union market. It is recalled that due to the non-cooperation from the Chinese exporting producers as well as the GOC, the analysis was based on facts available in accordance with Article 18 of the basic Regulation, in particular the request for review, GTA statistics and publicly available information.

4.1.   Production capacity and spare capacity in the PRC

Production capacity and spare capacity in the PRC

| (91) | To analyse production capacity and spare capacity in the PRC and given the non-cooperation of the GOC and the Chinese exporting producers, the Commission relied on the information provided by the applicant in its request for review and publicly available information as specified in below recitals. |
| --- | --- |

(91)

To analyse production capacity and spare capacity in the PRC and given the non-cooperation of the GOC and the Chinese exporting producers, the Commission relied on the information provided by the applicant in its request for review and publicly available information as specified in below recitals.

| (92) | The investigation has shown that because of rapid growth between 2005 and 2015, there is a general overcapacity in the Chinese aluminium sector (48). This is also true for the AHF sector in specific (49). According to CRU, around 8 % of the total aluminium foil production is used for the production of AHF (50). On this basis, the production capacity of AHF in China substantially exceeds the current production volume and Chinese producers are therefore highly dependent on exports. In 2020, Chinese household foil consumption was around 250 000 tonnes, while production was estimated to be around 308 000 tonnes and production capacity around 360 000 tonnes. This means that Chinese spare capacity amounted to around 52 000 tonnes in 2020, or 65 % of the Union consumption of AHF during the review investigation period, which amounted to around 80 000 tonnes. |
| --- | --- |

(92)

The investigation has shown that because of rapid growth between 2005 and 2015, there is a general overcapacity in the Chinese aluminium sector (48). This is also true for the AHF sector in specific (49). According to CRU, around 8 % of the total aluminium foil production is used for the production of AHF (50). On this basis, the production capacity of AHF in China substantially exceeds the current production volume and Chinese producers are therefore highly dependent on exports. In 2020, Chinese household foil consumption was around 250 000 tonnes, while production was estimated to be around 308 000 tonnes and production capacity around 360 000 tonnes. This means that Chinese spare capacity amounted to around 52 000 tonnes in 2020, or 65 % of the Union consumption of AHF during the review investigation period, which amounted to around 80 000 tonnes.

48

49

50

| (93) | The overcapacity in China is confirmed by publicly available information from the Shanghai Municipal Commission of Economy and Information, reporting that there is even new capacity of aluminium foil created in China and that such new production capacity reached a record high of 1,65 million tonnes in 2020 (51). Assuming that an estimated 8 % of this total capacity (i.e. 132 000 tonnes) would be used for AHF, the increase in total AHF production capacity alone would represent more than 150 % of the Union consumption. |
| --- | --- |

(93)

The overcapacity in China is confirmed by publicly available information from the Shanghai Municipal Commission of Economy and Information, reporting that there is even new capacity of aluminium foil created in China and that such new production capacity reached a record high of 1,65 million tonnes in 2020 (51). Assuming that an estimated 8 % of this total capacity (i.e. 132 000 tonnes) would be used for AHF, the increase in total AHF production capacity alone would represent more than 150 % of the Union consumption.

51

| (94) | Based on the above, the Commission concluded that the Chinese exporting producers have significant spare capacities and capacities are still being expanded. These spare capacities could be used for exports to the Union if the measures were allowed to lapse. |
| --- | --- |

(94)

Based on the above, the Commission concluded that the Chinese exporting producers have significant spare capacities and capacities are still being expanded. These spare capacities could be used for exports to the Union if the measures were allowed to lapse.

4.2.   Demand in the Chinese domestic market and other third country markets

Demand in the Chinese domestic market and other third country markets

| (95) | Due to the non-cooperation of the Chinese producers there is no information available concerning the Chinese domestic market of AHF and domestic consumption was established as estimated by the applicants, based on CRU data. This has shown that the total consumption in China is substantially below the installed capacity, and producers in China are therefore dependent on export markets. There has been a stable increase in demand observed in China in the last years (from 2017 to 2020) of around 3 % per year (i.e. around 8 000 tonnes per year), while the spare capacity represented 52 000 tonnes in 2020. Therefore, demand is not of such level to be able to absorb the total spare capacity in China. |
| --- | --- |

(95)

Due to the non-cooperation of the Chinese producers there is no information available concerning the Chinese domestic market of AHF and domestic consumption was established as estimated by the applicants, based on CRU data. This has shown that the total consumption in China is substantially below the installed capacity, and producers in China are therefore dependent on export markets. There has been a stable increase in demand observed in China in the last years (from 2017 to 2020) of around 3 % per year (i.e. around 8 000 tonnes per year), while the spare capacity represented 52 000 tonnes in 2020. Therefore, demand is not of such level to be able to absorb the total spare capacity in China.

| (96) | The Commission also analysed the situation on other third country markets and their ability to absorb increased exports of AHF from China. During the RIP, Chinese producers were exporting to a number of other third countries, Thailand, India, South Korea, Indonesia and Japan being the main export destinations, representing close to 40 % of all exports from China during the RIP. |
| --- | --- |

(96)

The Commission also analysed the situation on other third country markets and their ability to absorb increased exports of AHF from China. During the RIP, Chinese producers were exporting to a number of other third countries, Thailand, India, South Korea, Indonesia and Japan being the main export destinations, representing close to 40 % of all exports from China during the RIP.

| (97) | There is a wide range of trade defence measures and other import restrictions in place against exports of AHF originating in the PRC. According to Global Trade Alert (52), the WTO (53) and information provided in the request for review (54), trade defence measures exist in Argentina (anti-dumping), India (anti-dumping), Mexico (anti-dumping), Turkey (anti-dumping), the United States (anti-dumping and anti-subsidy) and Indonesia (safeguard). Those measures show that the access of Chinese producers to those markets is limited, and exports to these markets are therefore unlikely to increase substantially in the near future. |
| --- | --- |

(97)

There is a wide range of trade defence measures and other import restrictions in place against exports of AHF originating in the PRC. According to Global Trade Alert (52), the WTO (53) and information provided in the request for review (54), trade defence measures exist in Argentina (anti-dumping), India (anti-dumping), Mexico (anti-dumping), Turkey (anti-dumping), the United States (anti-dumping and anti-subsidy) and Indonesia (safeguard). Those measures show that the access of Chinese producers to those markets is limited, and exports to these markets are therefore unlikely to increase substantially in the near future.

52

53

54

| (98) | One importer argued that the increase in demand in the Asian Pacific region, and the lower transport costs as compared to those incurred when exporting to the Union market, would mean that it is economically more viable for Chinese exporting producers to export AHF to the Asian Pacific region rather than to the Union market, even despite the trade defence measures and other trade barriers in some of these countries. |
| --- | --- |

(98)

One importer argued that the increase in demand in the Asian Pacific region, and the lower transport costs as compared to those incurred when exporting to the Union market, would mean that it is economically more viable for Chinese exporting producers to export AHF to the Asian Pacific region rather than to the Union market, even despite the trade defence measures and other trade barriers in some of these countries.

| (99) | Exports of aluminium foil to the largest five export markets of China grew by 34 % from 2017 to the RIP. However, the Commission considered that even though the demand within China and its neighbouring countries have shown an increase in the last years, there was still substantial spare capacity available, which showed that this increase in demand, despite the lower transport costs related to such exports, is not likely to absorb the spare capacity available. |
| --- | --- |

(99)

Exports of aluminium foil to the largest five export markets of China grew by 34 % from 2017 to the RIP. However, the Commission considered that even though the demand within China and its neighbouring countries have shown an increase in the last years, there was still substantial spare capacity available, which showed that this increase in demand, despite the lower transport costs related to such exports, is not likely to absorb the spare capacity available.

| (100) | Thus, a large part of the spare capacities will very likely be used to increase exports from China to the Union, should measures be allowed to lapse and access to the Union market become without significant restrictions. |
| --- | --- |

(100)

Thus, a large part of the spare capacities will very likely be used to increase exports from China to the Union, should measures be allowed to lapse and access to the Union market become without significant restrictions.

4.3.   Price behaviour of the Chinese exporting producers to other third country markets

Price behaviour of the Chinese exporting producers to other third country markets

| (101) | The Commission considered that price levels to other third country markets would be a reasonable indicator for likely future price behaviour to the Union market. The Commission therefore analysed the export price levels from China to its most important export markets during the RIP; i.e. Thailand, India, South Korea, Indonesia and Japan. This analysis revealed that export prices to these countries were lower priced than the exports to the Union, as explained in recital (102). Considering in addition the significant dumping margins established for exports to the Union during the RIP, there was no reason to conclude that export prices to the Union would not continue to be at dumped levels, should measures be allowed to lapse. |
| --- | --- |

(101)

The Commission considered that price levels to other third country markets would be a reasonable indicator for likely future price behaviour to the Union market. The Commission therefore analysed the export price levels from China to its most important export markets during the RIP; i.e. Thailand, India, South Korea, Indonesia and Japan. This analysis revealed that export prices to these countries were lower priced than the exports to the Union, as explained in recital (102). Considering in addition the significant dumping margins established for exports to the Union during the RIP, there was no reason to conclude that export prices to the Union would not continue to be at dumped levels, should measures be allowed to lapse.

4.4.   Attractiveness of the Union market

Attractiveness of the Union market

| (102) | As set out in recitals (119) and (120), Chinese exports to the Union were made both under the inward processing scheme (mainly), without being subject to anti-dumping measures or customs duties, and under the normal customs regime. The Commission considered that should measures lapse, imports under the normal customs regime will in all likelihood increase and eventually largely surpass imports under the inward processing scheme. This is based on the fact that prior to the imposition of anti-dumping duties substantial imports were made under the normal customs regime and that the Union market as set out in the recital (103) is one of the largest markets worldwide and able to absorb at least partly the significant spare capacities available in China. Therefore, import prices under the normal import regime were considered an appropriate benchmark to establish whether the Union market is attractive for Chinese imports in terms of price levels. On this basis, during the review investigation period, Chinese export price levels to the Union were found to be on average 7 % higher than the average price to China’s other main export markets (anti-dumping duty excluded). This indicated that the Union market is attractive in terms of prices as it is more lucrative. |
| --- | --- |

(102)

As set out in recitals (119) and (120), Chinese exports to the Union were made both under the inward processing scheme (mainly), without being subject to anti-dumping measures or customs duties, and under the normal customs regime. The Commission considered that should measures lapse, imports under the normal customs regime will in all likelihood increase and eventually largely surpass imports under the inward processing scheme. This is based on the fact that prior to the imposition of anti-dumping duties substantial imports were made under the normal customs regime and that the Union market as set out in the recital (103) is one of the largest markets worldwide and able to absorb at least partly the significant spare capacities available in China. Therefore, import prices under the normal import regime were considered an appropriate benchmark to establish whether the Union market is attractive for Chinese imports in terms of price levels. On this basis, during the review investigation period, Chinese export price levels to the Union were found to be on average 7 % higher than the average price to China’s other main export markets (anti-dumping duty excluded). This indicated that the Union market is attractive in terms of prices as it is more lucrative.

| (103) | The Union market for aluminium foil is, after China, the second largest in the world accounting for 15 % of world demand (55). Therefore, the Union is also attractive to the Chinese producers of AHF in view of its size. |
| --- | --- |

(103)

The Union market for aluminium foil is, after China, the second largest in the world accounting for 15 % of world demand (55). Therefore, the Union is also attractive to the Chinese producers of AHF in view of its size.

55

| (104) | In addition, as explained in recitals (2) and (3), in the past Chinese exporting producers repeatedly accessed the Union market via circumvention practices by exporting a slightly modified product and by setting up assembly operations in Thailand, with the sole purpose to avoid the anti-dumping duties in force. These circumvention practices prove the strong interest of the Chinese producers in accessing the Union market without restrictions and thus the attractiveness of the Union market for those producers. |
| --- | --- |

(104)

In addition, as explained in recitals (2) and (3), in the past Chinese exporting producers repeatedly accessed the Union market via circumvention practices by exporting a slightly modified product and by setting up assembly operations in Thailand, with the sole purpose to avoid the anti-dumping duties in force. These circumvention practices prove the strong interest of the Chinese producers in accessing the Union market without restrictions and thus the attractiveness of the Union market for those producers.

| (105) | Therefore, the Commission concluded that, should the current measures lapse, it is likely that the Chinese exporting producers would redirect exports towards the Union at dumped prices. |
| --- | --- |

(105)

Therefore, the Commission concluded that, should the current measures lapse, it is likely that the Chinese exporting producers would redirect exports towards the Union at dumped prices.

4.5.   Conclusion on the likelihood of continuation of dumping

Conclusion on the likelihood of continuation of dumping

| (106) | The investigation showed that Chinese exports continued to enter the Union market at dumped prices and the unfair pricing practices of the Chinese AHF exporting producers would likely continue at a larger scale if measures would lapse. |
| --- | --- |

(106)

The investigation showed that Chinese exports continued to enter the Union market at dumped prices and the unfair pricing practices of the Chinese AHF exporting producers would likely continue at a larger scale if measures would lapse.

| (107) | Chinese exports to their other main export markets are even lower than prices to the Union, and there are several trade defence measures in force against Chinese exports of AHF in several other jurisdictions which confirm the unfair pricing behaviour of Chinese exporting producers. |
| --- | --- |

(107)

Chinese exports to their other main export markets are even lower than prices to the Union, and there are several trade defence measures in force against Chinese exports of AHF in several other jurisdictions which confirm the unfair pricing behaviour of Chinese exporting producers.

| (108) | Furthermore, the Commission found other indicators that dumping will likely continue should the measures lapse, such as the high spare capacity of AHF in China and the attractiveness of the Union market in terms of price levels and size. At the same time, the Chinese domestic market and other third country markets do not appear to be able to absorb any significant spare capacity that exists in China which would therefore be available to be exported to the Union should measures be allowed to lapse. |
| --- | --- |

(108)

Furthermore, the Commission found other indicators that dumping will likely continue should the measures lapse, such as the high spare capacity of AHF in China and the attractiveness of the Union market in terms of price levels and size. At the same time, the Chinese domestic market and other third country markets do not appear to be able to absorb any significant spare capacity that exists in China which would therefore be available to be exported to the Union should measures be allowed to lapse.

| (109) | Consequently, the Commission concluded that there is a strong likelihood of continuation of dumping, if the measures would lapse. |
| --- | --- |

(109)

Consequently, the Commission concluded that there is a strong likelihood of continuation of dumping, if the measures would lapse.

5.   INJURY

INJURY

5.1.   Definition of the Union industry and Union production

Definition of the Union industry and Union production

| (110) | The like product was manufactured by six producers in the Union during the review investigation period. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation. |
| --- | --- |

(110)

The like product was manufactured by six producers in the Union during the review investigation period. They constitute the ‘Union industry’ within the meaning of Article 4(1) of the basic Regulation.

| (111) | The total Union production during the review investigation period was established at 39 460 tonnes. The Commission established the figure on the basis of the verified questionnaire replies of the sampled Union producers and the estimated data provided by the non-sampled producers and the applicants (56). As indicated in recital (11) the three sampled Union producers represented more than 80 % of the total Union production of the like product. |
| --- | --- |

(111)

The total Union production during the review investigation period was established at 39 460 tonnes. The Commission established the figure on the basis of the verified questionnaire replies of the sampled Union producers and the estimated data provided by the non-sampled producers and the applicants (56). As indicated in recital (11) the three sampled Union producers represented more than 80 % of the total Union production of the like product.

56

5.2.   Union consumption

Union consumption

| (112) | The Commission established Union consumption on the basis of the sales volumes of the Union industry’s own production destined for the Union market, the import volumes obtained from Eurostat statistics and the circumvented imports of a slightly modified product under review from the PRC as recorded by Member States under Article 14(6) of the basic Regulation (the ‘14.6 data base’) (57). |
| --- | --- |

(112)

The Commission established Union consumption on the basis of the sales volumes of the Union industry’s own production destined for the Union market, the import volumes obtained from Eurostat statistics and the circumvented imports of a slightly modified product under review from the PRC as recorded by Member States under Article 14(6) of the basic Regulation (the ‘14.6 data base’) (57).

57

| (113) | On this basis, Union consumption developed as follows:

  Table 1


  Union consumption (tonnes)
   (58) | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Total Union consumption | 74 030 | 72 074 | 74 356 | 80 065 |
| Index | 100 | 97 | 100 | 108 |
| Source: | Eurostat, 14.6 database, information provided by the sampled and non-sampled Union producers, information provided by the Union producer’s association. |

(113)

On this basis, Union consumption developed as follows:

Table 1

Table 1

Union consumption (tonnes)
   (58)

Union consumption (tonnes)

58

2017

2018

2019

Review investigation period

Total Union consumption

74 030

72 074

74 356

80 065

Index

100

97

100

108

Source:

Source:

Eurostat, 14.6 database, information provided by the sampled and non-sampled Union producers, information provided by the Union producer’s association.

| (114) | Overall, during the period considered, the Union consumption increased. While it remained relatively stable from 2017 to 2019, it increased by 8 % in the review investigation period compared to both the previous year and 2017. |
| --- | --- |

(114)

Overall, during the period considered, the Union consumption increased. While it remained relatively stable from 2017 to 2019, it increased by 8 % in the review investigation period compared to both the previous year and 2017.

5.3.   Imports from the PRC

Imports from the PRC

5.3.1.   Volume and market share of the imports from the PRC

Volume and market share of the imports from the PRC

| (115) | As mentioned in recital (112), the Commission established the volume of imports from the PRC on the basis of Eurostat statistics and information from the 14.6 database. The market share was established based on of the Union consumption as set out in recital (113). |
| --- | --- |

(115)

As mentioned in recital (112), the Commission established the volume of imports from the PRC on the basis of Eurostat statistics and information from the 14.6 database. The market share was established based on of the Union consumption as set out in recital (113).

| (116) | Imports from the PRC developed as follows:

  Table 2


  Import volume (tonnes) and market share | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Volume of imports from the PRC (59) (tonnes) | 2 103 | 2 071 | 2 242 | 1 588 |
| Index | 100 | 98 | 107 | 76 |
| Market share (%) | 2,8 | 2,9 | 3,0 | 2,0 |
| Index | 100 | 101 | 106 | 70 |
| Source: | Eurostat and 14.6 database. |

(116)

Imports from the PRC developed as follows:

Table 2

Table 2

Import volume (tonnes) and market share

Import volume (tonnes) and market share

2017

2018

2019

Review investigation period

Volume of imports from the PRC (59) (tonnes)

59

2 103

2 071

2 242

1 588

Index

Index

100

100

98

98

107

107

76

76

Market share (%)

2,8

2,9

3,0

2,0

Index

Index

100

100

101

101

106

106

70

70

Source:

Source:

Eurostat and 14.6 database.

| (117) | Imports of the product under review from the country concerned increased between 2017 and 2019 and dropped during the review investigation period. Overall, the imports from the country concerned decreased by 24 % between 2017 and the review investigation period. The market share of the imports from the PRC remained stable between 2017 and 2019 and decreased in the review investigation period by around 1 percentage point, despite the more significant decrease in imports in absolute terms. |
| --- | --- |

(117)

Imports of the product under review from the country concerned increased between 2017 and 2019 and dropped during the review investigation period. Overall, the imports from the country concerned decreased by 24 % between 2017 and the review investigation period. The market share of the imports from the PRC remained stable between 2017 and 2019 and decreased in the review investigation period by around 1 percentage point, despite the more significant decrease in imports in absolute terms.

| (118) | This development should however be seen against the background of the massive increase in imports of the circumvented product from Thailand during the same period as outlined in recitals (131) and (133). |
| --- | --- |

(118)

This development should however be seen against the background of the massive increase in imports of the circumvented product from Thailand during the same period as outlined in recitals (131) and (133).

| (119) | The product under review is imported from the PRC under the normal regime as well as under the inward processing system. |
| --- | --- |

(119)

The product under review is imported from the PRC under the normal regime as well as under the inward processing system.

| (120) | The imports from the PRC under the normal regime and under inward processing system developed as follows:

  Table 3


  Import volume (in tonnes) from the PRC under normal regime and inward processing system | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Import volume from the PRC under the normal regime (tonnes) | 861 | 934 | 1 124 | 249 |
| Index | 100 | 109 | 131 | 29 |
| Market share (%) | 1,2 | 1,3 | 1,5 | 0,3 |
| Index | 100 | 112 | 130 | 27 |
| Import volume from the PRC under the inward processing system (tonnes) | 1 243 | 1 136 | 1 118 | 1 339 |
| Index | 100 | 91 | 90 | 108 |
| Market share (%) | 1,7 | 1,6 | 1,5 | 1,7 |
| Index | 100 | 94 | 90 | 100 |
| Source: | Eurostat and 14.6 database. |

(120)

The imports from the PRC under the normal regime and under inward processing system developed as follows:

Table 3

Table 3

Import volume (in tonnes) from the PRC under normal regime and inward processing system

Import volume (in tonnes) from the PRC under normal regime and inward processing system

2017

2018

2019

Review investigation period

Import volume from the PRC under the normal regime (tonnes)

861

934

1 124

249

Index

Index

100

100

109

109

131

131

29

29

Market share (%)

1,2

1,3

1,5

0,3

Index

100

112

130

27

Import volume from the PRC under the inward processing system (tonnes)

1 243

1 136

1 118

1 339

Index

Index

100

100

91

91

90

90

108

108

Market share (%)

1,7

1,6

1,5

1,7

Index

Index

100

100

94

94

90

90

100

100

Source:

Source:

Eurostat and 14.6 database.

| (121) | Imports volumes under the normal regime increased by 31 % between 2017 and 2019 and dropped significantly during the review investigation period, which translated in an increasing market share between 2017 and 2019 from 1,2 % to 1,5 % and a decrease in the review investigation period to 0,3 %. Imports under the inward processing system followed an opposite trend, decreasing between 2017 and 2019 by 10 % and increasing in the review investigation period by 20 %. Thus, overall during the period considered, import volumes under the inward processing scheme increased by 8 %, albeit given the parallel increase in consumption not gaining market share, which remained overall at 1,7 %. |
| --- | --- |

(121)

Imports volumes under the normal regime increased by 31 % between 2017 and 2019 and dropped significantly during the review investigation period, which translated in an increasing market share between 2017 and 2019 from 1,2 % to 1,5 % and a decrease in the review investigation period to 0,3 %. Imports under the inward processing system followed an opposite trend, decreasing between 2017 and 2019 by 10 % and increasing in the review investigation period by 20 %. Thus, overall during the period considered, import volumes under the inward processing scheme increased by 8 %, albeit given the parallel increase in consumption not gaining market share, which remained overall at 1,7 %.

5.3.2.   Prices of the imports from the PRC and price undercutting

Prices of the imports from the PRC and price undercutting

| (122) | The average price of imports from the PRC developed as follows:

  Table 4


  Import prices (EUR/tonne) | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Import prices from the PRC under the normal regime | 2 573 | 2 509 | 2 609 | 2 737 |
| Index | 100 | 97 | 101 | 106 |
| Import prices from the PRC under the inward processing system | 2 152 | 2 312 | 2 329 | 2 277 |
| Index | 100 | 107 | 108 | 106 |
| Import prices from the PRC (all customs regimes) | 2 179 | 2 373 | 2 450 | 2 351 |
| Index | 100 | 109 | 112 | 108 |
| Source: | Eurostat and 14.6 database. |

(122)

The average price of imports from the PRC developed as follows:

Table 4

Table 4

Import prices (EUR/tonne)

Import prices (EUR/tonne)

2017

2018

2019

Review investigation period

Import prices from the PRC under the normal regime

2 573

2 509

2 609

2 737

Index

Index

100

100

97

97

101

101

106

106

Import prices from the PRC under the inward processing system

2 152

2 312

2 329

2 277

Index

Index

100

100

107

107

108

108

106

106

Import prices from the PRC (all customs regimes)

2 179

2 373

2 450

2 351

Index

Index

100

100

109

109

112

112

108

108

Source:

Source:

Eurostat and 14.6 database.

| (123) | Overall, for both, the normal custom regime and the inward processing system, the average import prices from the PRC increased by 8 % during the period considered. Import prices (all customs regimes) remained below the prices of the Union producers during the IP (table 9). |
| --- | --- |

(123)

Overall, for both, the normal custom regime and the inward processing system, the average import prices from the PRC increased by 8 % during the period considered. Import prices (all customs regimes) remained below the prices of the Union producers during the IP (table 9).

| (124) | The average import price under the normal regime remained relatively stable between 2017 and 2019 and increased by 5 percentage points in the review investigation period, while the average import price under the inward processing regime increased steadily up to 2019 and then decreased by 2 percentage points in the review investigation period. |
| --- | --- |

(124)

The average import price under the normal regime remained relatively stable between 2017 and 2019 and increased by 5 percentage points in the review investigation period, while the average import price under the inward processing regime increased steadily up to 2019 and then decreased by 2 percentage points in the review investigation period.

| (125) | In view of the non-cooperation of the Chinese exporting producers, the Commission determined the price undercutting during the review investigation period by comparing:






  (1) | the weighted average sales price of the Union producers charged to unrelated customers on the Union market, adjusted to an ex-works level; and |
| --- | --- | --- |

(125)

In view of the non-cooperation of the Chinese exporting producers, the Commission determined the price undercutting during the review investigation period by comparing:

(1)

the weighted average sales price of the Union producers charged to unrelated customers on the Union market, adjusted to an ex-works level; and

| (2) | the corresponding weighted average import prices of the product under review from the PRC from Eurostat under the normal regime, established on a CIF basis, including the anti-dumping duty, with appropriate adjustments for customs duties and post-importation costs. In the absence of any other information, these costs were estimated at 1 % of the CIF value. |
| --- | --- |

(2)

the corresponding weighted average import prices of the product under review from the PRC from Eurostat under the normal regime, established on a CIF basis, including the anti-dumping duty, with appropriate adjustments for customs duties and post-importation costs. In the absence of any other information, these costs were estimated at 1 % of the CIF value.

| (126) | The result of the comparison showed no undercutting. |
| --- | --- |

(126)

The result of the comparison showed no undercutting.

| (127) | A more detailed analysis per import regime revealed, however that imports made under the inward processing scheme were undercutting the Union industry sales prices on average by 7,2 %. As outlined in recital (173), the price levels of these imports were considered as a strong indicator of future price levels to the Union without anti-dumping duties. |
| --- | --- |

(127)

A more detailed analysis per import regime revealed, however that imports made under the inward processing scheme were undercutting the Union industry sales prices on average by 7,2 %. As outlined in recital (173), the price levels of these imports were considered as a strong indicator of future price levels to the Union without anti-dumping duties.

| (128) | In addition, when considering the average import price of all Chinese imports irrespective of the import regime without applying the anti-dumping duties, they were found to undercut the Union industry’s sales prices on average by 4,2 % during the review investigation period. Like above, these prices were also considered as a reasonable indicator of future possible price levels should measures be repealed. |
| --- | --- |

(128)

In addition, when considering the average import price of all Chinese imports irrespective of the import regime without applying the anti-dumping duties, they were found to undercut the Union industry’s sales prices on average by 4,2 % during the review investigation period. Like above, these prices were also considered as a reasonable indicator of future possible price levels should measures be repealed.

| (129) | Moreover, the Commission considered also the price levels of the circumvented imports from Thailand as those imports were in reality from Chinese exporting producers that were merely avoiding the anti-dumping duties in force on imports originating in China. The investigation established that these imports (with appropriate adjustments for customs duties and post-importation costs), undercut the Union industry prices on average by 3,5 % during the review investigation period. |
| --- | --- |

(129)

Moreover, the Commission considered also the price levels of the circumvented imports from Thailand as those imports were in reality from Chinese exporting producers that were merely avoiding the anti-dumping duties in force on imports originating in China. The investigation established that these imports (with appropriate adjustments for customs duties and post-importation costs), undercut the Union industry prices on average by 3,5 % during the review investigation period.

5.3.3.   Imports from third countries other than the PRC

Imports from third countries other than the PRC

| (130) | The imports of the product under review from other third countries were mainly from Armenia, Thailand and Turkey. |
| --- | --- |

(130)

The imports of the product under review from other third countries were mainly from Armenia, Thailand and Turkey.

| (131) | The volume of imports from other third countries, as well as the market share and price trends developed over the period considered as follows:

  Table 5


  Imports from third countries other than the PRC











  Country | | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- | --- |
| Armenia | Volume (tonnes) | 14 164 | 19 278 | 18 373 | 17 257 |
| | Index | 100 | 136 | 130 | 122 |
| | Market share (%) | 19 | 27 | 25 | 22 |
| | Index | 100 | 140 | 129 | 113 |
| | Average price | 2 804 | 2 895 | 2 730 | 2 533 |
| | Index | 100 | 103 | 97 | 90 |
| Thailand | Volume (tonnes) | 28 | 1 027 | 2 659 | 6 820 |
| | Index | 100 | 3 693 | 9 565 | 24 534 |
| | Market share (%) | 0,04 | 1,4 | 4 | 9 |
| | Index | 100 | 3 793 | 9 364 | 22 685 |
| | Average price | 2 337 | 2 544 | 2 426 | 2 381 |
| | Index | 100 | 109 | 104 | 102 |
| Turkey | Volume (tonnes) | 16 221 | 15 289 | 17 565 | 18 103 |
| | Index | 100 | 94 | 108 | 112 |
| | Market share (%) | 22 | 21 | 24 | 23 |
| | Index | 100 | 97 | 108 | 103 |
| | Average price | 2 878 | 2 952 | 2 828 | 2 601 |
| | Index | 100 | 103 | 98 | 90 |
| Rest of the world | Volume (tonnes) | 3 407 | 2 539 | 1 968 | 558 |
| | Index | 100 | 75 | 58 | 16 |
| | Market share (%) | 5 | 4 | 3 | 1 |
| | Index | 100 | 77 | 58 | 15 |
| | Average price | 2 751 | 2 928 | 2 918 | 3 117 |
| | Index | 100 | 106 | 106 | 113 |
| Total third countries except the PRC | Volume (tonnes) | 33 820 | 38 133 | 40 564 | 42 738 |
| | Index | 100 | 113 | 120 | 126 |
| | Market share (%) | 46 | 53 | 55 | 53 |
| | Index | 100 | 116 | 119 | 117 |
| | Average price | 2 834 | 2 910 | 2 764 | 2 545 |
| | Index | 100 | 103 | 98 | 90 |
| Total third countries except Thailand and the PRC | Volume (tonnes) | 33 792 | 37 106 | 37 905 | 35 918 |
| | Index | 100 | 110 | 112 | 106 |
| | Market share (%) | 46 | 51 | 51 | 45 |
| | Index | 100 | 113 | 112 | 98 |
| | Average price | 2 834 | 2 921 | 2 785 | 2 576 |
| | Index | 100 | 103 | 98 | 91 |
| Source: | Eurostat. |

(131)

The volume of imports from other third countries, as well as the market share and price trends developed over the period considered as follows:

Table 5

Table 5

Imports from third countries other than the PRC

Imports from third countries other than the PRC

Country

2017

2018

2019

Review investigation period

Armenia

Volume (tonnes)

14 164

19 278

18 373

17 257

Index

Index

100

100

136

136

130

130

122

122

Market share (%)

19

27

25

22

Index

Index

100

100

140

140

129

129

113

113

Average price

2 804

2 895

2 730

2 533

Index

Index

100

100

103

103

97

97

90

90

Thailand

Volume (tonnes)

28

1 027

2 659

6 820

Index

Index

100

100

3 693

3 693

9 565

9 565

24 534

24 534

Market share (%)

0,04

1,4

4

9

Index

Index

100

100

3 793

3 793

9 364

9 364

22 685

22 685

Average price

2 337

2 544

2 426

2 381

Index

Index

100

100

109

109

104

104

102

102

Turkey

Volume (tonnes)

16 221

15 289

17 565

18 103

Index

Index

100

100

94

94

108

108

112

112

Market share (%)

22

21

24

23

Index

Index

100

100

97

97

108

108

103

103

Average price

2 878

2 952

2 828

2 601

Index

Index

100

100

103

103

98

98

90

90

Rest of the world

Volume (tonnes)

3 407

2 539

1 968

558

Index

Index

100

100

75

75

58

58

16

16

Market share (%)

5

4

3

1

Index

Index

100

100

77

77

58

58

15

15

Average price

2 751

2 928

2 918

3 117

Index

Index

100

100

106

106

106

106

113

113

Total third countries except the PRC

Volume (tonnes)

33 820

38 133

40 564

42 738

Index

Index

100

100

113

113

120

120

126

126

Market share (%)

46

53

55

53

Index

Index

100

100

116

116

119

119

117

117

Average price

2 834

2 910

2 764

2 545

Index

Index

100

100

103

103

98

98

90

90

Total third countries except Thailand and the PRC

Volume (tonnes)

33 792

37 106

37 905

35 918

Index

Index

100

100

110

110

112

112

106

106

Market share (%)

46

51

51

45

Index

Index

100

100

113

113

112

112

98

98

Average price

2 834

2 921

2 785

2 576

Index

Index

100

100

103

103

98

98

91

91

Source:

Source:

Eurostat.

| (132) | During the period considered, imports from other third countries increased by around 9 000 tonnes, i.e. by 26 % which is faster than the progression of the Union consumption which resulted in the market share increase from 46 % to 53 %. |
| --- | --- |

(132)

During the period considered, imports from other third countries increased by around 9 000 tonnes, i.e. by 26 % which is faster than the progression of the Union consumption which resulted in the market share increase from 46 % to 53 %.

| (133) | However, 76 % of this increase (6 792 tonnes) were imports from Thailand that are circumventing the definitive anti-dumping measures in force on imports from China as set out in recital (3) and have therefore to be considered as Chinese imports. |
| --- | --- |

(133)

However, 76 % of this increase (6 792 tonnes) were imports from Thailand that are circumventing the definitive anti-dumping measures in force on imports from China as set out in recital (3) and have therefore to be considered as Chinese imports.

| (134) | As shown in table 5, while imports from other third countries except Thailand increased by 6 % during the period considered (2 126 tonnes), at a pace slower than the Union consumption, imports from Thailand increased by several thousand times resulting in an increase of market share from 0 % to 9 %. Other third country imports without Thailand lost market share, in particular between 2019 and the review investigation period, where the increase in market share from Thailand was the most pronounced (+5 percentage points). |
| --- | --- |

(134)

As shown in table 5, while imports from other third countries except Thailand increased by 6 % during the period considered (2 126 tonnes), at a pace slower than the Union consumption, imports from Thailand increased by several thousand times resulting in an increase of market share from 0 % to 9 %. Other third country imports without Thailand lost market share, in particular between 2019 and the review investigation period, where the increase in market share from Thailand was the most pronounced (+5 percentage points).

| (135) | During the review investigation period, price levels of imports from Thailand were found to undercut Union industry sales prices by 3,5 % on average, as explained in recital (129) above, while at the same time import prices from other third countries except Thailand were in line with the Union industry sales prices. |
| --- | --- |

(135)

During the review investigation period, price levels of imports from Thailand were found to undercut Union industry sales prices by 3,5 % on average, as explained in recital (129) above, while at the same time import prices from other third countries except Thailand were in line with the Union industry sales prices.

5.4.   Economic situation of the Union industry

Economic situation of the Union industry

5.4.1.   General remarks

General remarks

| (136) | The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered. |
| --- | --- |

(136)

The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.

| (137) | As mentioned in recital (11), sampling was used for the assessment of the economic situation of the Union industry. |
| --- | --- |

(137)

As mentioned in recital (11), sampling was used for the assessment of the economic situation of the Union industry.

| (138) | For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of data contained in the replies to the anti-dumping questionnaire by the sampled producers as well as macroeconomic data provided by the non-sampled producers and the Union producers’ association, crosschecked with the data in the review request. The data related to all Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers. The data related to the sampled Union producers. Both sets of data were found to be representative of the economic situation of the Union industry. |
| --- | --- |

(138)

For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of data contained in the replies to the anti-dumping questionnaire by the sampled producers as well as macroeconomic data provided by the non-sampled producers and the Union producers’ association, crosschecked with the data in the review request. The data related to all Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers. The data related to the sampled Union producers. Both sets of data were found to be representative of the economic situation of the Union industry.

| (139) | The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping. |
| --- | --- |

(139)

The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping.

| (140) | The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital. |
| --- | --- |

(140)

The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.

5.4.2.   Macroeconomic indicators

Macroeconomic indicators

5.4.2.1.   Production, production capacity and capacity utilisation

| (141) | The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

  Table 6


  Production, production capacity and capacity utilisation | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Production volume (tonnes) | 41 387 | 35 173 | 36 292 | 39 460 |
| Index | 100 | 85 | 88 | 95 |
| Production capacity (tonnes) | 52 900 | 47 600 | 48 100 | 50 750 |
| Index | 100 | 90 | 91 | 96 |
| Capacity utilisation (%) | 78,2 | 73,9 | 75,5 | 77,8 |
| Index | 100 | 94 | 96 | 99 |
| Source: | information provided by the sampled and non-sampled Union producers, information provided by the Union producer’s associations. |

(141)

The total Union production, production capacity and capacity utilisation developed over the period considered as follows:

Table 6

Table 6

Production, production capacity and capacity utilisation

Production, production capacity and capacity utilisation

2017

2018

2019

Review investigation period

Production volume (tonnes)

41 387

35 173

36 292

39 460

Index

Index

100

100

85

85

88

88

95

95

Production capacity (tonnes)

52 900

47 600

48 100

50 750

Index

Index

100

100

90

90

91

91

96

96

Capacity utilisation (%)

78,2

73,9

75,5

77,8

Index

Index

100

100

94

94

96

96

99

99

Source:

Source:

information provided by the sampled and non-sampled Union producers, information provided by the Union producer’s associations.

| (142) | Although Union consumption increased by 8 % during the period considered as mentioned in recital (113), production volume of the like product decreased by 15 % from 2017 to 2018, after which it slightly recovered over the rest of the period considered, resulting in a decrease of 5 % during the full period considered. Therefore, the increase of the Union consumption has not benefitted the Union industry. |
| --- | --- |

(142)

Although Union consumption increased by 8 % during the period considered as mentioned in recital (113), production volume of the like product decreased by 15 % from 2017 to 2018, after which it slightly recovered over the rest of the period considered, resulting in a decrease of 5 % during the full period considered. Therefore, the increase of the Union consumption has not benefitted the Union industry.

| (143) | The decrease of the production volume is partly due to the Union industry’s restructuring processes undertaken to recover from the injury suffered during the review investigation period of the previous expiry review investigation (1 October 2013 to 30 September 2014), and partly due to the increasing unfair competition that the Union industry faced from circumvented imports of the product under review coming from Thailand. As explained in recital (132), the increase in import volumes from third countries was mainly due to an increase in circumvented AHF from Thailand. |
| --- | --- |

(143)

The decrease of the production volume is partly due to the Union industry’s restructuring processes undertaken to recover from the injury suffered during the review investigation period of the previous expiry review investigation (1 October 2013 to 30 September 2014), and partly due to the increasing unfair competition that the Union industry faced from circumvented imports of the product under review coming from Thailand. As explained in recital (132), the increase in import volumes from third countries was mainly due to an increase in circumvented AHF from Thailand.

5.4.2.2.   Sales volume and market share

| (144) | The Union industry’s sales volume and market share developed over the period considered as follows:

  Table 7


  Sales volume and market share | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Total sales volume on the Union market (tonnes) | 38 107 | 31 871 | 31 550 | 35 739 |
| Index | 100 | 84 | 83 | 94 |
| Market share (%) | 51 | 44 | 42 | 45 |
| Index | 100 | 86 | 82 | 87 |
| Source: | Information provided by the applicant, information provided by the sampled and non-sampled Union producers. |

(144)

The Union industry’s sales volume and market share developed over the period considered as follows:

Table 7

Table 7

Sales volume and market share

Sales volume and market share

2017

2018

2019

Review investigation period

Total sales volume on the Union market (tonnes)

38 107

31 871

31 550

35 739

Index

Index

100

100

84

84

83

83

94

94

Market share (%)

51

44

42

45

Index

Index

100

100

86

86

82

82

87

87

Source:

Source:

Information provided by the applicant, information provided by the sampled and non-sampled Union producers.

| (145) | Sales volume of the Union industry decreased by 6 % during the period considered. It decreased steadily up to 2019 (by 17 %) and recovered partially during the review investigation period, increasing by 11 percentage points. However, this increase was not in line with the increase in Union consumption which resulted overall in a loss of market share of the Union industry from 51 % in 2017 to 45 % in the review investigation period (minus 6 percentage points), while the market share of the circumvented imports from Thailand gained 9 percentage points during the same period. |
| --- | --- |

(145)

Sales volume of the Union industry decreased by 6 % during the period considered. It decreased steadily up to 2019 (by 17 %) and recovered partially during the review investigation period, increasing by 11 percentage points. However, this increase was not in line with the increase in Union consumption which resulted overall in a loss of market share of the Union industry from 51 % in 2017 to 45 % in the review investigation period (minus 6 percentage points), while the market share of the circumvented imports from Thailand gained 9 percentage points during the same period.

5.4.2.3.   Growth

| (146) | Although Union consumption increased by 8 % during the period considered, the sales volume of the Union industry decreased by 6 %, which resulted in a 13 % market share loss for the Union industry over the period considered. Consequently, there was no growth for the Union industry during the period considered. |
| --- | --- |

(146)

Although Union consumption increased by 8 % during the period considered, the sales volume of the Union industry decreased by 6 %, which resulted in a 13 % market share loss for the Union industry over the period considered. Consequently, there was no growth for the Union industry during the period considered.

5.4.2.4.   Employment and productivity

| (147) | Employment and productivity developed over the period considered as follows:

  Table 8


  Employment and productivity | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Number of employees (FTE) | 394 | 356 | 359 | 378 |
| Index | 100 | 90 | 91 | 96 |
| Productivity (unit/employee) | 105 | 99 | 101 | 104 |
| Index | 100 | 94 | 96 | 99 |
| Source: | Information provided by the applicant, information provided by the sampled and non-sampled Union producers. |

(147)

Employment and productivity developed over the period considered as follows:

Table 8

Table 8

Employment and productivity

Employment and productivity

2017

2018

2019

Review investigation period

Number of employees (FTE)

394

356

359

378

Index

Index

100

100

90

90

91

91

96

96

Productivity (unit/employee)

105

99

101

104

Index

Index

100

100

94

94

96

96

99

99

Source:

Source:

Information provided by the applicant, information provided by the sampled and non-sampled Union producers.

| (148) | The number of employees of the Union industry decreased between 2017 and the review investigation period by 4 %. The productivity of the Union industry’s workforce, measured as output (tonnes) per employee, followed the same trend up to 2019 and recovered in the review investigation period following the production and sales increase, as explained in recitals (142) and (145) above. |
| --- | --- |

(148)

The number of employees of the Union industry decreased between 2017 and the review investigation period by 4 %. The productivity of the Union industry’s workforce, measured as output (tonnes) per employee, followed the same trend up to 2019 and recovered in the review investigation period following the production and sales increase, as explained in recitals (142) and (145) above.

| (149) | The decrease of the number of employees is due to the decrease of production volume, which is also linked to the decrease of the Union industry’s sales volume. |
| --- | --- |

(149)

The decrease of the number of employees is due to the decrease of production volume, which is also linked to the decrease of the Union industry’s sales volume.

5.4.2.5.   Magnitude of the dumping margin and recovery from past dumping

| (150) | The Commission concluded in recital (89) that dumping from the PRC continued during the review investigation period. The Commission also concluded that there was a strong likelihood of continuation of dumping from the PRC, if the measures lapse. |
| --- | --- |

(150)

The Commission concluded in recital (89) that dumping from the PRC continued during the review investigation period. The Commission also concluded that there was a strong likelihood of continuation of dumping from the PRC, if the measures lapse.

| (151) | Notwithstanding the anti-dumping measures in force since 2009, the Union industry has lost substantial sales volume which is reflected in a loss of market share of 13 % over the period considered. Thus, no full recovery from the past dumping could be established and the Union industry remains highly vulnerable to the injurious effects of any dumped imports in the Union market. |
| --- | --- |

(151)

Notwithstanding the anti-dumping measures in force since 2009, the Union industry has lost substantial sales volume which is reflected in a loss of market share of 13 % over the period considered. Thus, no full recovery from the past dumping could be established and the Union industry remains highly vulnerable to the injurious effects of any dumped imports in the Union market.

5.4.3.   Microeconomic indicators

Microeconomic indicators

5.4.3.1.   Prices and factors affecting prices

| (152) | The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

  Table 9


  Sales prices in the Union | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Average unit sales price in the Union on the total market (EUR/tonne) | 2 822 | 2 930 | 2 810 | 2 663 |
| Index | 100 | 104 | 100 | 94 |
| Unit cost of production (EUR/tonne) | 2 645 | 2 776 | 2 620 | 2 574 |
| Index | 100 | 105 | 99 | 97 |
| Source: | Questionnaire replies of the sampled Union producers. |

(152)

The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:

Table 9

Table 9

Sales prices in the Union

Sales prices in the Union

2017

2018

2019

Review investigation period

Average unit sales price in the Union on the total market (EUR/tonne)

2 822

2 930

2 810

2 663

Index

Index

100

100

104

104

100

100

94

94

Unit cost of production (EUR/tonne)

2 645

2 776

2 620

2 574

Index

Index

100

100

105

105

99

99

97

97

Source:

Source:

Questionnaire replies of the sampled Union producers.

| (153) | The average unit sales price increased between 2017 and 2018 and decreased in 2019 at the same level of 2017, then dropped by 6 % during the review investigation period. While the Union industry managed to keep its sales prices above the unit cost of production during the entire period considered, the price pressure of the increased circumvented imports from Thailand were showing an effect on the Union industry sales prices during the review investigation period, were they dropped to a higher degree than the unit cost. |
| --- | --- |

(153)

The average unit sales price increased between 2017 and 2018 and decreased in 2019 at the same level of 2017, then dropped by 6 % during the review investigation period. While the Union industry managed to keep its sales prices above the unit cost of production during the entire period considered, the price pressure of the increased circumvented imports from Thailand were showing an effect on the Union industry sales prices during the review investigation period, were they dropped to a higher degree than the unit cost.

5.4.3.2.   Labour costs

| (154) | The average labour costs of the sampled Union producers developed over the period considered as follows:

  Table 10


  Average labour costs per employee | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Average labour costs per employee (EUR) | 19 444 | 19 827 | 20 487 | 22 184 |
| Index | 100 | 102 | 105 | 114 |
| Source: | Questionnaire replies of the sampled Union producers. |

(154)

The average labour costs of the sampled Union producers developed over the period considered as follows:

Table 10

Table 10

Average labour costs per employee

Average labour costs per employee

2017

2018

2019

Review investigation period

Average labour costs per employee (EUR)

19 444

19 827

20 487

22 184

Index

Index

100

100

102

102

105

105

114

114

Source:

Source:

Questionnaire replies of the sampled Union producers.

| (155) | The average labour cost progressively increased over the period considered. Overall, the average labour cost per employee increased by 14 %. This trend was mostly influenced by the restructuring process on the Union industry, as some producers invested in creating sales structures in different Member States. |
| --- | --- |

(155)

The average labour cost progressively increased over the period considered. Overall, the average labour cost per employee increased by 14 %. This trend was mostly influenced by the restructuring process on the Union industry, as some producers invested in creating sales structures in different Member States.

5.4.3.3.   Inventories

| (156) | Stock levels of the sampled Union producers developed over the period considered as follows:

  Table 11


  Inventories | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Closing stocks (tonnes) | 978 | 940 | 1 693 | 1 425 |
| Index | 100 | 96 | 173 | 146 |
| Closing stocks as a percentage of production | 2,4 | 2,7 | 4,7 | 3,6 |
| Index | 100 | 113 | 197 | 153 |
| Source: | Questionnaire replies of the sampled Union producers. |

(156)

Stock levels of the sampled Union producers developed over the period considered as follows:

Table 11

Table 11

Inventories

Inventories

2017

2018

2019

Review investigation period

Closing stocks (tonnes)

978

940

1 693

1 425

Index

Index

100

100

96

96

173

173

146

146

Closing stocks as a percentage of production

2,4

2,7

4,7

3,6

Index

Index

100

100

113

113

197

197

153

153

Source:

Source:

Questionnaire replies of the sampled Union producers.

| (157) | Inventories cannot be considered as a relevant injury indicator in this sector, as production and sales are mainly based on orders and, accordingly, producers tend to hold limited stocks. Therefore, the trends on inventories are given for information only. |
| --- | --- |

(157)

Inventories cannot be considered as a relevant injury indicator in this sector, as production and sales are mainly based on orders and, accordingly, producers tend to hold limited stocks. Therefore, the trends on inventories are given for information only.

| (158) | Overall, inventories increased during the period considered by 46 %. Initially they decreased by 4 % from 2017 to 2018 before progressively increasing in 2019 and the review investigation period. |
| --- | --- |

(158)

Overall, inventories increased during the period considered by 46 %. Initially they decreased by 4 % from 2017 to 2018 before progressively increasing in 2019 and the review investigation period.

5.4.3.4.   Profitability, cash flow, investments, return on investments and ability to raise capital

| (159) | Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

  Table 12


  Profitability, cash flow, investments and return on investments | 2017 | 2018 | 2019 | Review investigation period |
| --- | --- | --- | --- | --- | --- |
| Profitability of sales in the Union to unrelated customers (% of sales turnover) | 8,2 | 7,4 | 6,8 | 3,4 |
| Index | 100 | 90 | 83 | 41 |
| Cash flow (EUR) | 10 768 045 | 10 888 351 | 8 682 415 | 10 199 898 |
| Index | 100 | 101 | 81 | 95 |
| Investments (EUR) | 1 141 165 | 4 327 224 | 1 119 149 | 1 665 356 |
| Index | 100 | 379 | 98 | 146 |
| Return on investments (%) | 10 | 7 | 5 | 1 |
| Index | 100 | 74 | 55 | 15 |
| Source: | Questionnaire replies of the sampled Union producers. |

(159)

Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:

Table 12

Table 12

Profitability, cash flow, investments and return on investments

Profitability, cash flow, investments and return on investments

2017

2018

2019

Review investigation period

Profitability of sales in the Union to unrelated customers (% of sales turnover)

8,2

7,4

6,8

3,4

Index

Index

100

100

90

90

83

83

41

41

Cash flow (EUR)

10 768 045

10 888 351

8 682 415

10 199 898

Index

Index

100

100

101

101

81

81

95

95

Investments (EUR)

1 141 165

4 327 224

1 119 149

1 665 356

Index

Index

100

100

379

379

98

98

146

146

Return on investments (%)

10

7

5

1

Index

Index

100

100

74

74

55

55

15

15

Source:

Source:

Questionnaire replies of the sampled Union producers.

| (160) | The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. |
| --- | --- |

(160)

The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales.

| (161) | After the previous expiry review investigation mentioned in recital (1), where the anti-dumping measures were imposed, the situation of the Union industry improved and its profit margin reached 8,2 % in 2017. However, the situation deteriorated subsequently and profit margins declined as from 2018 reaching only 3,4 % in the review investigation period, corresponding to a decrease of 59 % over the period considered. |
| --- | --- |

(161)

After the previous expiry review investigation mentioned in recital (1), where the anti-dumping measures were imposed, the situation of the Union industry improved and its profit margin reached 8,2 % in 2017. However, the situation deteriorated subsequently and profit margins declined as from 2018 reaching only 3,4 % in the review investigation period, corresponding to a decrease of 59 % over the period considered.

| (162) | This was mainly due to the price pressure exerted by the circumvented imports from Thailand which entered into the Union undercutting those of the Union industry and exerting a significant price pressure that forced the Union industry to reduce their prices levels, as explained above in recital (153). |
| --- | --- |

(162)

This was mainly due to the price pressure exerted by the circumvented imports from Thailand which entered into the Union undercutting those of the Union industry and exerting a significant price pressure that forced the Union industry to reduce their prices levels, as explained above in recital (153).

| (163) | The net cash flow is the Union industry’s ability to self-finance their activities. Given that the Union industry is still profitable, despite the decreasing trend, the cash flow remained overall relatively stable over the period considered. |
| --- | --- |

(163)

The net cash flow is the Union industry’s ability to self-finance their activities. Given that the Union industry is still profitable, despite the decreasing trend, the cash flow remained overall relatively stable over the period considered.

| (164) | Investments increased by 46 % in the period considered, which is mainly due to the efforts made by the Union industry to rationalize its production and increase efficiency and productivity to face the increasing low priced imports. However, in the same period, the return on investments, which is expressed as the profit in percentage of the net book value of investments dropped from 10 % to 1 % and therefore followed the same trend as the profitability. |
| --- | --- |

(164)

Investments increased by 46 % in the period considered, which is mainly due to the efforts made by the Union industry to rationalize its production and increase efficiency and productivity to face the increasing low priced imports. However, in the same period, the return on investments, which is expressed as the profit in percentage of the net book value of investments dropped from 10 % to 1 % and therefore followed the same trend as the profitability.

| (165) | The decreasing profitability and return on investment made it increasingly difficult for the sampled Union producers to raise capital for investment. With returns on investments falling so quickly, the sampled producers’ ability to raise capital in the future is in even greater jeopardy. |
| --- | --- |

(165)

The decreasing profitability and return on investment made it increasingly difficult for the sampled Union producers to raise capital for investment. With returns on investments falling so quickly, the sampled producers’ ability to raise capital in the future is in even greater jeopardy.

5.4.4.   Conclusion on injury

Conclusion on injury

| (166) | The evolution of the micro and macro indicators during the period considered showed that the financial situation for the Union industry deteriorated. Overall, the trends of the main economic indicators worsened over the period considered. |
| --- | --- |

(166)

The evolution of the micro and macro indicators during the period considered showed that the financial situation for the Union industry deteriorated. Overall, the trends of the main economic indicators worsened over the period considered.

| (167) | In particular, production, sales volumes and market shares decreased, as well as sales prices which had a negative effect on employment and productivity as well as on profitability. The increased price pressure from the circumvented imports coming from Thailand in particular did not allow the Union industry to align its sales prices with the development of its production costs with negative effects on its profitability which saw a decrease of almost 60 % over the period considered. Finally, the rapidly decreasing returns on investments has a negative impact on the Union industry’s ability to raise capital and investments. |
| --- | --- |

(167)

In particular, production, sales volumes and market shares decreased, as well as sales prices which had a negative effect on employment and productivity as well as on profitability. The increased price pressure from the circumvented imports coming from Thailand in particular did not allow the Union industry to align its sales prices with the development of its production costs with negative effects on its profitability which saw a decrease of almost 60 % over the period considered. Finally, the rapidly decreasing returns on investments has a negative impact on the Union industry’s ability to raise capital and investments.

| (168) | On the other hand, despite the declining trends, the Union industry still managed to maintain large sales volume and considerable market share. Likewise, despite the negative trend, profitability remained positive throughout the period considered. Therefore, the Commission concluded that the Union industry did not suffer material injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period, but was in a fragile situation. |
| --- | --- |

(168)

On the other hand, despite the declining trends, the Union industry still managed to maintain large sales volume and considerable market share. Likewise, despite the negative trend, profitability remained positive throughout the period considered. Therefore, the Commission concluded that the Union industry did not suffer material injury within the meaning of Article 3(5) of the basic Regulation during the review investigation period, but was in a fragile situation.

| (169) | Therefore, the Commission further examined the likelihood of recurrence of injury if the measures lapse. |
| --- | --- |

(169)

Therefore, the Commission further examined the likelihood of recurrence of injury if the measures lapse.

6.   LIKELIHOOD OF RECURRENCE OF INJURY

LIKELIHOOD OF RECURRENCE OF INJURY

| (170) | The Commission concluded in recital (168) that the Union industry did not suffer material injury during the review investigation period, but was in a fragile situation. Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury originally caused by the dumped imports from the PRC if the measures were allowed to lapse. |
| --- | --- |

(170)

The Commission concluded in recital (168) that the Union industry did not suffer material injury during the review investigation period, but was in a fragile situation. Therefore, the Commission assessed, in accordance with Article 11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury originally caused by the dumped imports from the PRC if the measures were allowed to lapse.

| (171) | In order to establish whether there is likelihood of recurrence of injury originally caused by the dumped imports from the country concerned, the Commission considered the following elements: (i) production volume and spare capacity in the PRC and attractiveness of the Union market; (ii) likely price levels of imports from the PRC and their impact on the Union industry’s situation, should the measures allowed to lapse; and (iii) the existence of circumvention practices. |
| --- | --- |

(171)

In order to establish whether there is likelihood of recurrence of injury originally caused by the dumped imports from the country concerned, the Commission considered the following elements: (i) production volume and spare capacity in the PRC and attractiveness of the Union market; (ii) likely price levels of imports from the PRC and their impact on the Union industry’s situation, should the measures allowed to lapse; and (iii) the existence of circumvention practices.

6.1.   Production volume and spare capacity in the PRC – attractiveness of the Union market

Production volume and spare capacity in the PRC – attractiveness of the Union market

| (172) | As set out in recital (91), the production capacity in the PRC substantially exceeds the production volumes and internal demand on the Chinese domestic market. Given in addition the conclusions on the attractiveness of the Union market as described in recitals (102) to (105), such spare capacity will very likely largely be used for exports to the Union market, if measures were allowed to lapse. |
| --- | --- |

(172)

As set out in recital (91), the production capacity in the PRC substantially exceeds the production volumes and internal demand on the Chinese domestic market. Given in addition the conclusions on the attractiveness of the Union market as described in recitals (102) to (105), such spare capacity will very likely largely be used for exports to the Union market, if measures were allowed to lapse.

6.2.   Likely price levels of imports from the PRC and their impact on the Union industry’s situation should the measures lapse

Likely price levels of imports from the PRC and their impact on the Union industry’s situation should the measures lapse

| (173) | In order to assess the impact of future imports on the situation of the Union industry, the Commission considered that price levels of the Chinese exports without anti-dumping duties would be a reasonable indicator of future price levels to the Union market. On this basis, as set out in recitals (127) and (128) respectively, the average undercutting margin for the product under review was found to be 4,2 % for all import regimes, and 7,2 %, under the inward processing regime, the latter, subject to no duties, is considered the best indicator of the likely price levels in the absence of anti-dumping measures. |
| --- | --- |

(173)

In order to assess the impact of future imports on the situation of the Union industry, the Commission considered that price levels of the Chinese exports without anti-dumping duties would be a reasonable indicator of future price levels to the Union market. On this basis, as set out in recitals (127) and (128) respectively, the average undercutting margin for the product under review was found to be 4,2 % for all import regimes, and 7,2 %, under the inward processing regime, the latter, subject to no duties, is considered the best indicator of the likely price levels in the absence of anti-dumping measures.

| (174) | Moreover, as explained in recital (120), almost all the imports from the PRC into the Union were made under the inward processing regime. Therefore, it can be concluded that the anti-dumping measures were effective in preventing dumped imports from the PRC from entering the Union market and that they will most likely resume if the measures will expire. |
| --- | --- |

(174)

Moreover, as explained in recital (120), almost all the imports from the PRC into the Union were made under the inward processing regime. Therefore, it can be concluded that the anti-dumping measures were effective in preventing dumped imports from the PRC from entering the Union market and that they will most likely resume if the measures will expire.

| (175) | The product under review is a commodity product, and therefore the market is price sensitive. A surge in imports at low prices would force the Union industry to further reduce their prices as it has already been done in order to compete with the circumvented imports from Thailand, as explained above in recitals (133) and (135). |
| --- | --- |

(175)

The product under review is a commodity product, and therefore the market is price sensitive. A surge in imports at low prices would force the Union industry to further reduce their prices as it has already been done in order to compete with the circumvented imports from Thailand, as explained above in recitals (133) and (135).

| (176) | Considering the above, and if confronted with an increase of low priced imports from the PRC, the Union producers, in an attempt to keep sales volumes and market shares, would reduce their prices by 4,2 % (at the level of the undercutting), this would have an impact on the industry’s overall profitability, which would decrease from 3,4 % in the review investigation period to -1 % and therefore turn negative in short term. |
| --- | --- |

(176)

Considering the above, and if confronted with an increase of low priced imports from the PRC, the Union producers, in an attempt to keep sales volumes and market shares, would reduce their prices by 4,2 % (at the level of the undercutting), this would have an impact on the industry’s overall profitability, which would decrease from 3,4 % in the review investigation period to -1 % and therefore turn negative in short term.

| (177) | On the other hand, if the Union industry keeps its current price levels, and considering AHF is a commodity product, this would have an almost immediate negative impact on its sales and production volume as well as market share. Moreover, a decrease in production volume would result in an increase of the unit costs of production due to the reduced economy of scales. This would further deteriorate the Union industry’s profitability and turn into losses in short term. |
| --- | --- |

(177)

On the other hand, if the Union industry keeps its current price levels, and considering AHF is a commodity product, this would have an almost immediate negative impact on its sales and production volume as well as market share. Moreover, a decrease in production volume would result in an increase of the unit costs of production due to the reduced economy of scales. This would further deteriorate the Union industry’s profitability and turn into losses in short term.

| (178) | With a loss of profitability, the Union industry would not be able to carry out necessary investments. Ultimately, this would also lead to loss of employment and risk of closure of production lines. |
| --- | --- |

(178)

With a loss of profitability, the Union industry would not be able to carry out necessary investments. Ultimately, this would also lead to loss of employment and risk of closure of production lines.

6.3.   Existence of circumvention practices

Existence of circumvention practices

| (179) | As set out in recital (104), the Chinese exporters have a history of dumping practices towards the Union market. Currently, as mentioned in recitals (2) and (3), two anti-circumvention measures are in place, one against imports of a slightly modified product from China and a second, more recent, for imports coming from Thailand were Chinese exporting producers set up assembly operations. |
| --- | --- |

(179)

As set out in recital (104), the Chinese exporters have a history of dumping practices towards the Union market. Currently, as mentioned in recitals (2) and (3), two anti-circumvention measures are in place, one against imports of a slightly modified product from China and a second, more recent, for imports coming from Thailand were Chinese exporting producers set up assembly operations.

| (180) | As indicated in recitals (153) and (162), circumvention practices from Thailand were the main cause for the Union industry’s losses in sales volume and marked share during the period considered. The existence of these circumvention practices show that circumvented imports that enter the Union market without anti-dumping duties have significant negative effect on the Union industry’s situation, that materialise quickly due to the price sensitivity of the market. |
| --- | --- |

(180)

As indicated in recitals (153) and (162), circumvention practices from Thailand were the main cause for the Union industry’s losses in sales volume and marked share during the period considered. The existence of these circumvention practices show that circumvented imports that enter the Union market without anti-dumping duties have significant negative effect on the Union industry’s situation, that materialise quickly due to the price sensitivity of the market.

6.4.   Conclusion

Conclusion

| (181) | In view of the above, the Commission concluded that the expiry of the measures would in all likelihood result in a significant increase of dumped imports from the PRC at prices undercutting the Union industry prices, and therefore further aggravate the already fragile economic situation of the Union industry. It is highly likely that this would lead to a recurrence of material injury and as a consequence, the viability of the Union industry would be at serious risk. |
| --- | --- |

(181)

In view of the above, the Commission concluded that the expiry of the measures would in all likelihood result in a significant increase of dumped imports from the PRC at prices undercutting the Union industry prices, and therefore further aggravate the already fragile economic situation of the Union industry. It is highly likely that this would lead to a recurrence of material injury and as a consequence, the viability of the Union industry would be at serious risk.

7.   UNION INTEREST

UNION INTEREST

| (182) | In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers, distributors and users. |
| --- | --- |

(182)

In accordance with Article 21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, importers, distributors and users.

| (183) | All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation. |
| --- | --- |

(183)

All interested parties were given the opportunity to make their views known pursuant to Article 21(2) of the basic Regulation.

7.1.   Interest of the Union industry

Interest of the Union industry

| (184) | The Union industry is composed of around eight companies and employed around 1 000 workers directly with many more relying on it indirectly. As mentioned in recital (11), the Commission selected a sample of Union producers. The sample consisted of 3 Union producers that provided a reply to the questionnaire. The sample was considered representative for the Union industry. |
| --- | --- |

(184)

The Union industry is composed of around eight companies and employed around 1 000 workers directly with many more relying on it indirectly. As mentioned in recital (11), the Commission selected a sample of Union producers. The sample consisted of 3 Union producers that provided a reply to the questionnaire. The sample was considered representative for the Union industry.

| (185) | As set out above, the Union industry did not suffer material injury during the period considered but it is in a fragile situation, as confirmed by the negative trends of the injury indicators. Removing the anti-dumping duties would lead to a likely recurrence of material injury which would be translated in a loss of sales and production volume, as well as market share leading to a loss of profitability and employment. |
| --- | --- |

(185)

As set out above, the Union industry did not suffer material injury during the period considered but it is in a fragile situation, as confirmed by the negative trends of the injury indicators. Removing the anti-dumping duties would lead to a likely recurrence of material injury which would be translated in a loss of sales and production volume, as well as market share leading to a loss of profitability and employment.

| (186) | On the other hand, the Union industry has proven to be a viable industry. After the last expiry review it managed improving its situation under fair conditions on the Union market, making investments and reaching a fair profitability. The continuation of the measures would prevent low priced imports from the PRC to flood the Union market and therefore allow the Union industry to maintain sustainable price levels and increase its profitability to reach levels necessary for future investments. |
| --- | --- |

(186)

On the other hand, the Union industry has proven to be a viable industry. After the last expiry review it managed improving its situation under fair conditions on the Union market, making investments and reaching a fair profitability. The continuation of the measures would prevent low priced imports from the PRC to flood the Union market and therefore allow the Union industry to maintain sustainable price levels and increase its profitability to reach levels necessary for future investments.

| (187) | On this basis, the Commission thus concluded that the maintenance of the anti-dumping measures is in the interest of the Union industry. |
| --- | --- |

(187)

On this basis, the Commission thus concluded that the maintenance of the anti-dumping measures is in the interest of the Union industry.

7.2.   Interest of unrelated importers, traders and users

Interest of unrelated importers, traders and users

| (188) | The Commission contacted all known unrelated importers, traders and users. Only one importer, Cellofix, provided comments but did not submit a reply to the questionnaire. |
| --- | --- |

(188)

The Commission contacted all known unrelated importers, traders and users. Only one importer, Cellofix, provided comments but did not submit a reply to the questionnaire.

| (189) | Cellofix opposed the renewal of the measures in force claiming that: (i) it would not result in a recurrence of injury for the Union industry and, (ii) it would not be in the interest of the Union. |
| --- | --- |

(189)

Cellofix opposed the renewal of the measures in force claiming that: (i) it would not result in a recurrence of injury for the Union industry and, (ii) it would not be in the interest of the Union.

| (190) | As regards the first point, Cellofix argued that the current measures have been in force for a period of over eleven years during which it claimed the Union industry had recovered from any injury suffered. This would also be evidenced by the industry’s growth. |
| --- | --- |

(190)

As regards the first point, Cellofix argued that the current measures have been in force for a period of over eleven years during which it claimed the Union industry had recovered from any injury suffered. This would also be evidenced by the industry’s growth.

| (191) | The Commission disagrees with this claim. As set out in section 5.4, the investigation established a general downward trend of the Union industry’s economic and financial indicators and showed that the Union industry was in a fragile situation during the review investigation period. As set out in recital (146), the Commission did also not find that there was a growth of the Union industry. It is recalled that on the basis of these developments the Commission concluded that the expiry of the measures would likely lead to a recurrence of material injury. The arguments of the importer in this respect were therefore rejected. |
| --- | --- |

(191)

The Commission disagrees with this claim. As set out in section 5.4, the investigation established a general downward trend of the Union industry’s economic and financial indicators and showed that the Union industry was in a fragile situation during the review investigation period. As set out in recital (146), the Commission did also not find that there was a growth of the Union industry. It is recalled that on the basis of these developments the Commission concluded that the expiry of the measures would likely lead to a recurrence of material injury. The arguments of the importer in this respect were therefore rejected.

| (192) | As regards the second point that the renewal of the measures will not be in the Union interest, the importer claimed that, following the adoption of the definitive anti-dumping measures in 2009, it has struggled to buy AHF from the Union industry due to their lack of production capacity but also due to the pressure exerted by its large competitors on the Union producers, in order to limit the supply to Cellofix. |
| --- | --- |

(192)

As regards the second point that the renewal of the measures will not be in the Union interest, the importer claimed that, following the adoption of the definitive anti-dumping measures in 2009, it has struggled to buy AHF from the Union industry due to their lack of production capacity but also due to the pressure exerted by its large competitors on the Union producers, in order to limit the supply to Cellofix.

| (193) | Concerning the alleged lack of production capacity, the investigation has shown that the Union industry had about 10 000 tonnes of spare capacity available which does not suggest any problems of the Union industry to supply the Union market. Regarding the alleged pressure on the Union industry to limit supply of AHF, the company did not provide any evidence to support this claim. These claims were therefore dismissed. |
| --- | --- |

(193)

Concerning the alleged lack of production capacity, the investigation has shown that the Union industry had about 10 000 tonnes of spare capacity available which does not suggest any problems of the Union industry to supply the Union market. Regarding the alleged pressure on the Union industry to limit supply of AHF, the company did not provide any evidence to support this claim. These claims were therefore dismissed.

| (194) | Given the non-cooperation of any other importers, traders or users, no information was available on the impact of the duties on these parties. The original investigation revealed, however, that any impact on other interested parties was not as such that measures had to be considered to be against the Union interest and likewise, the previous expiry review investigation established that the maintenance of the measures would not have a significant negative impact on the situation these parties. |
| --- | --- |

(194)

Given the non-cooperation of any other importers, traders or users, no information was available on the impact of the duties on these parties. The original investigation revealed, however, that any impact on other interested parties was not as such that measures had to be considered to be against the Union interest and likewise, the previous expiry review investigation established that the maintenance of the measures would not have a significant negative impact on the situation these parties.

| (195) | On the basis of the above, the Commission concluded that the maintenance of the anti-dumping measures in force would not have any significant adverse effects on importers, traders or users. |
| --- | --- |

(195)

On the basis of the above, the Commission concluded that the maintenance of the anti-dumping measures in force would not have any significant adverse effects on importers, traders or users.

7.3.   Conclusion on Union interest

Conclusion on Union interest

| (196) | On the basis of the above, the Commission concluded that there were no compelling reasons of the Union interest against the maintenance of the existing measures on imports of the product under review originating in the PRC. |
| --- | --- |

(196)

On the basis of the above, the Commission concluded that there were no compelling reasons of the Union interest against the maintenance of the existing measures on imports of the product under review originating in the PRC.

8.   ANTI-DUMPING MEASURES

ANTI-DUMPING MEASURES

| (197) | Based on the conclusions reached by the Commission concerning the continuation of dumping from the PRC, the recurrence of injury caused by dumped imports from the PRC, and the Union interest, the Commission finds that the anti-dumping measures on imports of certain aluminium foil originating in the PRC should be maintained. |
| --- | --- |

(197)

Based on the conclusions reached by the Commission concerning the continuation of dumping from the PRC, the recurrence of injury caused by dumped imports from the PRC, and the Union interest, the Commission finds that the anti-dumping measures on imports of certain aluminium foil originating in the PRC should be maintained.

| (198) | To minimize the risks of circumvention due to the high difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(3) of this regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to ‘all other companies’. |
| --- | --- |

(198)

To minimize the risks of circumvention due to the high difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article 1(3) of this regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to ‘all other companies’.

| (199) | While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law. |
| --- | --- |

(199)

While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article 1(3) of this regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.

| (200) | Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rates and the consequent imposition of a country-wide duty. |
| --- | --- |

(200)

Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article 13(1) of the basic Regulation. In such circumstances and provided the conditions are met an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rates and the consequent imposition of a country-wide duty.

| (201) | The individual company anti-dumping duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in the PRC and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’. They should not be subject to any of the individual anti-dumping duty rates. |
| --- | --- |

(201)

The individual company anti-dumping duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in the PRC and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to ‘all other companies’. They should not be subject to any of the individual anti-dumping duty rates.

| (202) | A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission (60). The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in the Official Journal of the European Union. |
| --- | --- |

(202)

A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission (60). The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in the Official Journal of the European Union.

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| (203) | All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to make representations subsequent to this disclosure. No comments were received. |
| --- | --- |

(203)

All interested parties were informed of the essential facts and considerations on the basis of which it was intended to recommend that the existing measures be maintained. They were also granted a period to make representations subsequent to this disclosure. No comments were received.

| (204) | In view of Article 109 of Regulation (EU, Euratom) 2018/1046 (61), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month. |
| --- | --- |

(204)

In view of Article 109 of Regulation (EU, Euratom) 2018/1046 (61), when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

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Official Journal of the European Union

| (205) | The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036, |
| --- | --- |

(205)

The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036,

HAS ADOPTED THIS REGULATION:

Article 1

1.   A definitive anti-dumping duty is hereby imposed on imports of aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10 kg, currently falling under CN code ex 7607 11 19 (TARIC code 7607111910), and originating in the People’s Republic of China.

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

| Country | Company | Anti-dumping duty | TARIC additional code |
| --- | --- | --- | --- |
| PRC | Alcoa (Shanghai) Aluminium Products Co., Ltd and Alcoa (Bohai) Aluminium Industries Co., Ltd | 6,4  % | A944 |
| Shandong Loften Aluminium Foil Co., Ltd | 20,3  % | A945 |
| Zhenjiang Dingsheng Aluminium Co., Ltd | 24,2  % | A946 |
| All other companies | 30,0  % | A999 |

Country

Company

Anti-dumping duty

TARIC additional code

PRC

Alcoa (Shanghai) Aluminium Products Co., Ltd and Alcoa (Bohai) Aluminium Industries Co., Ltd

6,4  %

A944

Shandong Loften Aluminium Foil Co., Ltd

20,3  %

A945

Zhenjiang Dingsheng Aluminium Co., Ltd

24,2  %

A946

All other companies

30,0  %

A999

3.   The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in [country concerned]. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

4.   The definitive anti-dumping duty applicable to “all other companies” as set out in paragraph 2, is hereby extended to imports into the Union of certain aluminium foil originating in the People’s Republic of China, currently falling under CN codes ex 7607 11 19 and ex 7607 11 90 (TARIC codes 7607111930, 7607111940, 7607111950, 7607119044, 7607119046, 7607119071, and 7607119072), with the exception of those produced by the companies listed below:

| Company name | TARIC additional code |
| --- | --- |
| Jiangsu Zhongji Lamination Materials Co., Ltd | C198 |
| Luoyang Wanji Aluminium Processing Co., Ltd | C199 |
| Xiamen Xiashun Aluminium Foil Co., Ltd | C200 |
| Yantai Donghai Aluminum Foil Co., Ltd | C201 |

Company name

TARIC additional code

Jiangsu Zhongji Lamination Materials Co., Ltd

C198

Luoyang Wanji Aluminium Processing Co., Ltd

C199

Xiamen Xiashun Aluminium Foil Co., Ltd

C200

Yantai Donghai Aluminum Foil Co., Ltd

C201

5.   The definitive anti-dumping duty applicable to imports originating in the People’s Republic of China, as set out in paragraph 2, is hereby extended to imports of certain aluminium foil, currently falling under CN codes ex 7607 11 19 and ex 7607 11 90 (TARIC codes 7607111910, 7607111930, 7607111940, 7607111950, 7607119044, 7607119046, 7607119071, 7607119072) consigned from Thailand, whether declared as originating in Thailand or not (TARIC additional code C601).

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

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, 9 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  Council Regulation (EC) No 925/2009 of 24 September 2009 imposing a definitive anti-dumping duty and collecting definitively the duty imposed on imports of certain aluminium foils originating in Armenia, Brazil and the People’s Republic of China (OJ L 262, 6.10.2009, p. 1).

2

(3)  Commission Implementing Regulation (EU) 2015/2384 of 17 December 2015 imposing a definitive anti-dumping duty on imports of certain aluminium foils originating in the People’s Republic of China and terminating the proceeding for imports of certain aluminium foils originating in Brazil following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ L 332, 18.12.2015, p. 63).

3

(4)  Commission Implementing Regulation (EU) 2017/271 of 16 February 2017 extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People’s Republic of China to imports of slightly modified certain aluminium foil (OJ L 40, 17.2.2017, p. 51).

4

(5)  Commission Implementing Regulation (EU) 2021/1474 of 14 September 2021 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2015/2384 and Implementing Regulation (EU) 2017/271 on imports of certain aluminium foil originating in the People’s Republic of China to imports of certain aluminium foil consigned from Thailand, whether declared as originating in Thailand or not. (OJ L 325, 15.9.2021, p. 6).

5

(6)  
  OJ C 98, 25.3.2020, p. 10.

6

(7)  Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain aluminium foil originating in the People’s Republic of China (OJ C 436, 17.12.2020, p. 10).

7

(8)  https://trade.ec.europa.eu/tdi/case_details.cfm?id=2500

8

(9)  
  OJ C 86, 16.3.2020, p. 6.

9

(10)  Inward processing means that non-Union goods are imported in order to be used in the customs territory of the Union in one or more processing operations, for instance, for the purposes of manufacturing or repair. When imported, such goods are not subject to the import duties.

10

(11)  Commission Implementing Regulation (EU) 2021/546 of 29 March 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of aluminium extrusions originating in the People’s Republic of China (OJ L 109, 30.3.2021, p. 1); Commission Implementing Regulation (EU) 2021/582 of 9 April 2021 imposing a provisional anti-dumping duty on imports of aluminium flat-rolled products originating in the People’s Republic of China (OJ L 124, 12.4.2021, p. 40); Commission Implementing Regulation (EU) 2021/983 of 17 June 2021 imposing a provisional anti-dumping duty on imports of aluminium converter foil originating in the People’s Republic of China (OJ L 216, 18.6.2021, p. 142).

11

(12)  Commission Implementing Regulation (EU) 2020/1428 of 12 October 2020 imposing a provisional anti-dumping duty on imports of aluminium extrusions originating in the People’s Republic of China (OJ L 336, 13.10.2020, p. 8), recitals 91-97 and 154-158; Implementing Regulation (EU) 2021/582, recitals 125-131 and 185-188; Implementing Regulation (EU) 2021/983, recitals 80-86 and 140-143.

12

(13)  Implementing Regulation (EU) 2020/1428, recitals 98-104; Implementing Regulation (EU) 2021/582, recitals 132-137; Implementing Regulation (EU) 2021/983, recitals 87-92.

13

(14)  Implementing Regulation (EU) 2020/1428, recitals 105-112; Implementing Regulation (EU) 2021/582, recitals 138-143; Implementing Regulation (EU) 2021/983, recitals 93-98. While the right to appoint and to remove key management personnel in SOEs by the relevant State authorities, as provided for in the Chinese legislation, can be considered to reflect the corresponding ownership rights, CCP cells in enterprises, state owned and private alike, represent another important channel through which the State can interfere with business decisions. According to the PRC’s company law, a CCP organisation is to be established in every company (with at least three CCP members as specified in the CCP Constitution) and the company shall provide the necessary conditions for the activities of the party organisation. In the past, this requirement appears not to have always been followed or strictly enforced. However, since at least 2016 the CCP has reinforced its claims to control business decisions in SOEs as a matter of political principle. The CCP is also reported to exercise pressure on private companies to put ‘patriotism’ first and to follow party discipline. In 2017, it was reported that party cells existed in 70 % of some 1.86 million privately owned companies, with growing pressure for the CCP organisations to have a final say over the business decisions within their respective companies. These rules are of general application throughout the Chinese economy, across all sectors, including the producers of aluminium foils and the suppliers of their inputs.

14

(15)  Implementing Regulation (EU) 2020/1428, recitals 113-135; Implementing Regulation (EU) 2021/582, recitals 144-166; Implementing Regulation (EU) 2021/983, recitals 99-120.

15

(16)  Implementing Regulation (EU) 2020/1428, recitals 136-140; Implementing Regulation (EU) 2021/582, recitals 167-171; Implementing Regulation (EU) 2021/983, recitals 121-125.

16

,

,

(17)  Implementing Regulation (EU) 2020/1428, recitals 141-142; Implementing Regulation (EU) 2021/582, recitals 172-173; Implementing Regulation (EU) 2021/983, recitals 126-127.

17

(18)  Implementing Regulation (EU) 2020/1428, recitals 143-153; Implementing Regulation (EU) 2021/582, recitals 174-184; Implementing Regulation (EU) 2021/983, recitals 128-139.

18

(19)  SWD(2017) 483 final/2, 20.12.2017, https://trade.ec.europa.eu/doclib/docs/2017/december/tradoc_156474.pdf.

19

(20)  Commission Implementing Regulation (EU) 2019/915 of 4 June 2019 imposing a definitive anti-dumping duty on imports of certain aluminium foil in rolls originating in the People’s Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, OJ L 146, 5.6.2019, p. 63–97.

20

(21)  OECD Trade Policy Papers, No 218, OECD Publishing, Paris, available at: http://dx.doi.org/10.1787/c82911ab-en

21

(22)  Think!Desk China Consulting & Research, “Final Report – Analysis of Market Distortions in the Chinese Non- Ferreous Metal Industry”.

22

(23)  http://www.gov.cn/xinwen/2019-11/06/content_5449193.htm (last viewed 29 October 2021).

23

(24)  Certain Aluminium Foil from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 83 Fed. Reg. 17,360 (Dep’t Comm, Apr. 19, 2018)

24

(25)  Implementing Regulation (EU) 2021/582, recitals 141-142; Implementing Regulation (EU) 2021/983, recitals 96-97.

25

(26)  See at: http://www.nanshan.com.cn/searchdetails?id=2838&cid= (accessed on 31 August 2021).

26

(27)  See at: https://www.dfdcjt.com/article/item.html?id=2166 (accessed on 31 August 2021).

27

(28)  The 13th Five-Year Plan for Economic and Social Development of the People’s Republic of China (2016-2020), available at

28

https://en.ndrc.gov.cn/newsrelease_8232/201612/P020191101481868235378.pdf (last viewed 6 May 2021).

(29)  Implementing Regulation (EU) 2021/582, recitals 147-155; Implementing Regulation (EU) 2021/983, recitals 102-109.

29

(30)  Implementing Regulation (EU) 2021/582, Implementing Regulation (EU) 2021/983, recital 111.

30

(31)  According to available information, in 2020 the Chinese aluminium foil production increased by 3,8 % year-on-year (see China Nonferrous Metals News – Exploring a new "blue ocean" for aluminum foil applications, available at: https://finance.sina.com.cn/money/future/indu/2021-07-14/doc-ikqciyzk5369663.shtml, last viewed 22 September 2021), In addition, while China’ electrolytic aluminium production capacity was reported in 2020 to amount to approximately 38,55 million tons per year, it was expected to increase by 3,163 million tons in 2021 (see Review and Outlook of the Aluminum Market in 2020, available at: https://www.sohu.com/a/445610891_782456, last viewed 22 September 2021).

31

(32)  Implementing Regulation (EU) 2021/582, recitals 162-165; Implementing Regulation (EU) 2021/983, recitals 116-120.

32

(33)  World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income

33

(34)  Financial data for the only producing company (Rusal Armenal, CJSC) could not be found in Dun and Bradstreet database (https://globalfinancials.com/index-admin.html), nor on the company’s website or anywhere else in the internet.

34

(35)  Implementing Regulation (EU) 2020/1428, recital 169.

35

(36)  The financial data from the five aluminium extrusion companies were used in two recent Commission investigations on aluminium products: aluminium flat-rolled products (OJ L 124, 12.4.2021, p. 40, rec. 266-267) and aluminium converter foil (OJ L 216, 18.6.2021, p. 142, rec. 223).

36

(37)  http://www.gtis.com/gta/secure/default.cfm

37

(38)  https://data.tuik.gov.tr/Kategori/GetKategori?p=istihdam-issizlik-ve-ucret-108&dil=2

38

(39)  https://data.tuik.gov.tr/Kategori/GetKategori?p=cevre-ve-enerji-103&dil=2

39

(40)  Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33). These countries are Azerbaijan, Belarus, North Korea, Turkmenistan and Uzbekistan. Article 2(7) of the basic Regulation considers that domestic prices in those countries cannot be used for the purpose of determining normal value.

40

(41)  https://data.tuik.gov.tr/Kategori/GetKategori?p=istihdam-issizlik-ve-ucret-108&dil=2

41

(42)  This was the most recent period for which hourly labour costs for this activity were available at the moment we consulted the dataset.

42

(43)  The category "basic metals" includes aluminium under code C24.42 (see https://ec.europa.eu/eurostat/documents/3859598/5902521/KS-RA-07-015-EN.PDF, p. 156).

43

(44)  https://data.tuik.gov.tr/Bulten/DownloadIstatistikselTablo?p=RQJc6lWaNMpivNV6h1MxkWk9ycHqk1cNqZM2UJkJfMUYAmenKIIz/lKzy74RY7Y2

44

(45)  https://data.tuik.gov.tr/Kategori/GetKategori?p=cevre-ve-enerji-103&dil=2

45

(46)  https://data.tuik.gov.tr/Kategori/GetKategori?p=cevre-ve-enerji-103&dil=2

46

(47)  https://globalfinancials.com/index-admin.html (accessed on 28 September 2021).

47

(48)  Annex 1C.3 to the request of review (CRU Overcapacity in Chinese rolled product sector increases focus on exports and European Union Chamber of Commerce in China, Overcapacity in China – an impediment to the Party’s reform agenda) and Chapter 15 of the Commission Staff Working document on significant distortions in the economy of the People’s Republic of China for the purposes of trade defence investigations.

48

(49)  Annex 1C.3 to the request of review (CRU Overcapacity in Chinese rolled product sector increases focus on exports).

49

(50)  Chapter 6 of CRU, The Global Market Outlook for Aluminium Foil to 2022 (Annex 1C.3 to the request of review).

50

(51)  http://www.sheitc.sh.gov.cn/jjyw/20210106/ada4d50132bf4ccaa5c97944073a7d2d.html (last visited 2 September 2021).

51

(52)  https://www.globaltradealert.org/data_extraction

52

(53)  http://i-tip.wto.org/goods/Forms/TableView.aspx

53

(54)  t20.007357 (Annex 1B.4: Open Annexes, part 1, p. 27 to 32).

54

(55)  Annex 1C.3 to the request of review (CRU Global outlook for foil and outlook for primary aluminium, p. 9).

55

(56)  The production volume is based on EU-27 data as the United Kingdom ceased to be part of the European Union as from 1 February 2020 and the transition period for the United Kingdom’s withdrawal ended on 31 December 2020.

56

(57)  Implementing Regulation (EU) 2017/271.

57

(58)  The consumption is based on EU-27 data, excluding data related to the United Kingdom.

58

(59)  During the investigation period, 1 339 tonnes were importer under the inward processing statistical regime, 106 tonnes under the normal statistical regime and 143 tonnes were the circumvented imports under Regulation (EU) 2017/271.

59

(60)  European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi 170, 1040 Brussels, Belgium.

60

(61)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

61

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DECISIONS

| 10.3.2022 | EN | Official Journal of the European Union | L 83/39 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/39

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COMMISSION IMPLEMENTING DECISION (EU) 2022/403

of 3 March 2022

concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Commission Regulation (EC) No 88/97

(notified under document C(2022) 1262)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Article 13(4) thereof,

Having regard to Commission Implementing Regulation (EU) 2020/45 of 20 January 2020 amending Implementing Regulation (EU) 2019/1379 as regards the extension of the anti-dumping duty imposed on imports of bicycles originating in the People’s Republic of China to imports of certain bicycle parts originating in the People’s Republic of China by Council Regulation (EC) No 71/97 (2),

Having regard to Commission Regulation (EC) No 88/97 of 20 January 1997 on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Council Regulation (EC) No 71/97 of the anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (3), and in particular Articles 4 to 7 thereof,

After informing the Member States,

Whereas:

| (1) | An anti-dumping duty applies on imports of essential bicycle parts originating in the People’s Republic of China (‘China’) (‘the extended duty’) as a result of the extension of the anti-dumping duty imposed on imports of bicycles originating in China by Council Regulation (EC) No 71/97 (4). |
| --- | --- |

(1)

An anti-dumping duty applies on imports of essential bicycle parts originating in the People’s Republic of China (‘China’) (‘the extended duty’) as a result of the extension of the anti-dumping duty imposed on imports of bicycles originating in China by Council Regulation (EC) No 71/97 (4).

| (2) | Under Article 3 of Regulation (EC) No 71/97 the Commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty. |
| --- | --- |

(2)

Under Article 3 of Regulation (EC) No 71/97 the Commission is empowered to adopt the necessary measures to authorise the exemption of imports of essential bicycle parts which do not circumvent the anti-dumping duty.

| (3) | Those implementing measures are set forth in Commission Regulation (EC) No 88/97 (‘the exemption Regulation’) establishing the specific exemption system. |
| --- | --- |

(3)

Those implementing measures are set forth in Commission Regulation (EC) No 88/97 (‘the exemption Regulation’) establishing the specific exemption system.

| (4) | On that basis the Commission has exempted a number of bicycle assemblers from the extended duty. |
| --- | --- |

(4)

On that basis the Commission has exempted a number of bicycle assemblers from the extended duty.

| (5) | As provided for in Article 16(2) of the exemption Regulation, the Commission has published in the Official Journal of the European Union subsequent lists of the exempted parties (5). |
| --- | --- |

(5)

As provided for in Article 16(2) of the exemption Regulation, the Commission has published in the Official Journal of the European Union subsequent lists of the exempted parties (5).

| (6) | The most recent Commission Implementing Decision concerning exemptions under the exemption Regulation was adopted on 15 April 2021 (6). |
| --- | --- |

(6)

The most recent Commission Implementing Decision concerning exemptions under the exemption Regulation was adopted on 15 April 2021 (6).

| (7) | For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 apply. |
| --- | --- |

(7)

For the purposes of this Decision, the definitions set out in Article 1 of Regulation (EC) No 88/97 apply.

| (8) | On 25 August 2019 the Commission received from the Polish company Rowerland Piotr Tokarz (‘Rowerland’) (‘the company’) a request for exemption with the information required to determine whether this request was admissible in accordance with Article 4 of the exemption Regulation. |
| --- | --- |

(8)

On 25 August 2019 the Commission received from the Polish company Rowerland Piotr Tokarz (‘Rowerland’) (‘the company’) a request for exemption with the information required to determine whether this request was admissible in accordance with Article 4 of the exemption Regulation.

| (9) | In accordance with Article 5(1) of the exemption Regulation, pending a decision on the merits of the request, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by Rowerland was suspended as from the day on which the Commission received its duly substantiated request for exemption. |
| --- | --- |

(9)

In accordance with Article 5(1) of the exemption Regulation, pending a decision on the merits of the request, the payment of the extended duty in respect of any imports of essential bicycle parts declared for free circulation by Rowerland was suspended as from the day on which the Commission received its duly substantiated request for exemption.

| (10) | TARIC additional code C529 was assigned to the party listed in Table 1, in order to identify the imports of essential bicycle parts declared for free circulation and subject to the suspension of the payment of the extended duty.

  Table 1










  TARIC additional code | Name | Address | Date of effect |
| --- | --- | --- | --- | --- |
| C529 | Rowerland Piotr Tokarz | ul. Klubowa 23, |
| PL-32-600 Broszkowice, Poland |

(10)

TARIC additional code C529 was assigned to the party listed in Table 1, in order to identify the imports of essential bicycle parts declared for free circulation and subject to the suspension of the payment of the extended duty.

Table 1

TARIC additional code

Name

Address

Date of effect

C529

Rowerland Piotr Tokarz

ul. Klubowa 23,

PL-32-600 Broszkowice, Poland

17.10.2019

| (11) | In accordance with Article 6 of the exemption Regulation, the Commission identified the period 1 November 2019 – 31 October 2020 as the period to be investigated in order to verify the activities of Rowerland during the suspension period and decide whether to grant an exemption (‘the investigation period’). |
| --- | --- |

(11)

In accordance with Article 6 of the exemption Regulation, the Commission identified the period 1 November 2019 – 31 October 2020 as the period to be investigated in order to verify the activities of Rowerland during the suspension period and decide whether to grant an exemption (‘the investigation period’).

| (12) | In January 2021, as further complemented in May 2021, Rowerland provided the Commission with data and figures according to which during the investigation period the company would have complied with the conditions set out in the exemption Regulation in order to be exempted. |
| --- | --- |

(12)

In January 2021, as further complemented in May 2021, Rowerland provided the Commission with data and figures according to which during the investigation period the company would have complied with the conditions set out in the exemption Regulation in order to be exempted.

| (13) | In particular, Rowerland alleged a) that it had used essential bicycle parts for the assembly of bicycles in quantities above the threshold of 299 units per type of essential bicycle parts on a monthly basis (‘the de minimis rule’) and b) that the value added to the parts brought in during its assembly operations corresponded to more than 25 % of the manufacturing cost (‘25 % value added criterion’). Therefore, its assembly operations did not fall within the scope of Article 13(2) of Regulation (EU) 2016/1036 of 8 June 2016 (‘the basic Regulation’). Furthermore, Rowerland did not claim that the parts brought in from China constituted less than 60 % of the total value of parts used in the assembly operations during the investigation period pursuant to Article 13(2) of the basic Regulation (‘the 60-40 % criterion’). |
| --- | --- |

(13)

In particular, Rowerland alleged a) that it had used essential bicycle parts for the assembly of bicycles in quantities above the threshold of 299 units per type of essential bicycle parts on a monthly basis (‘the de minimis rule’) and b) that the value added to the parts brought in during its assembly operations corresponded to more than 25 % of the manufacturing cost (‘25 % value added criterion’). Therefore, its assembly operations did not fall within the scope of Article 13(2) of Regulation (EU) 2016/1036 of 8 June 2016 (‘the basic Regulation’). Furthermore, Rowerland did not claim that the parts brought in from China constituted less than 60 % of the total value of parts used in the assembly operations during the investigation period pursuant to Article 13(2) of the basic Regulation (‘the 60-40 % criterion’).

| (14) | In November 2021 the Commission carried out a verification visit at the company’s premises in order to examine the merits of the request for exemption. |
| --- | --- |

(14)

In November 2021 the Commission carried out a verification visit at the company’s premises in order to examine the merits of the request for exemption.

| (15) | The Commission services established during its examination that:






  (a) | Rowerland complied with the de minimis rule as stated in recital (13) both in terms of volumes of bicycles parts purchased and used for the assembly activity, and as verified through volumes of bicycles assembled; |
| --- | --- | --- |

(15)

The Commission services established during its examination that:

(a)

Rowerland complied with the de minimis rule as stated in recital (13) both in terms of volumes of bicycles parts purchased and used for the assembly activity, and as verified through volumes of bicycles assembled;

| (b) | the figures used by the company to demonstrate compliance with anti-circumvention rules could be reconciled with those recorded in the accounting system; |
| --- | --- |

(b)

the figures used by the company to demonstrate compliance with anti-circumvention rules could be reconciled with those recorded in the accounting system;

| (c) | the accounting system used by Rowerland did not allow the company to track the origin of the bicycle parts purchased and used in the assembly operations and therefore the 60-40 % criterion could not be assessed; |
| --- | --- |

(c)

the accounting system used by Rowerland did not allow the company to track the origin of the bicycle parts purchased and used in the assembly operations and therefore the 60-40 % criterion could not be assessed;

| (d) | the investigation revealed that Rowerland did not manufacture any bicycle parts, apart from bicycle wheels; |
| --- | --- |

(d)

the investigation revealed that Rowerland did not manufacture any bicycle parts, apart from bicycle wheels;

| (e) | in accordance with the documentation and explanations provided by Rowerland during the verification process, several costs reported by Rowerland as value added were amended as detailed under points (i)-(ii) below, while other costs as detailed under points (iii)-(v) below were not accepted as costs directly linked to the assembly activities:






  (i) | the amount reported as direct energy costs was calculated by Rowerland on the basis of the number of the workers assigned to the assembly operations while the amount reported as indirect energy costs was calculated on the basis of the number of the administrative employees. This methodology was not considered appropriate since the energy costs are linked to the premises where the assembly operations take place and not to the number of employees. Therefore, the energy costs were thus recalculated and allocated on the basis of the square meters of the premises where the assembly operations were carried out (direct energy costs) and of the square meters of the office and of the warehouses where the bicycles parts were stored (indirect energy costs); |
| --- | --- | --- |

(e)

in accordance with the documentation and explanations provided by Rowerland during the verification process, several costs reported by Rowerland as value added were amended as detailed under points (i)-(ii) below, while other costs as detailed under points (iii)-(v) below were not accepted as costs directly linked to the assembly activities:

(i)

the amount reported as direct energy costs was calculated by Rowerland on the basis of the number of the workers assigned to the assembly operations while the amount reported as indirect energy costs was calculated on the basis of the number of the administrative employees. This methodology was not considered appropriate since the energy costs are linked to the premises where the assembly operations take place and not to the number of employees. Therefore, the energy costs were thus recalculated and allocated on the basis of the square meters of the premises where the assembly operations were carried out (direct energy costs) and of the square meters of the office and of the warehouses where the bicycles parts were stored (indirect energy costs);

| (ii) | the amount reported by Rowerland as rent/lease and listed as indirect manufacturing cost was amended due to a clerical error; |
| --- | --- |

(ii)

the amount reported by Rowerland as rent/lease and listed as indirect manufacturing cost was amended due to a clerical error;

| (iii) | the amount reported by Rowerland as indirect energy costs included energy costs for premises not linked to the company’s assembly operations. Therefore, these costs were disregarded from the manufacturing costs of the bicycles; |
| --- | --- |

(iii)

the amount reported by Rowerland as indirect energy costs included energy costs for premises not linked to the company’s assembly operations. Therefore, these costs were disregarded from the manufacturing costs of the bicycles;

| (iv) | the amount reported by Rowerland under ‘other direct manufacturing costs’ included costs relating to painting of bicycle parts not used during the investigation period. Therefore, these costs were also disregarded from the manufacturing costs of the bicycles assembled during the investigation period; |
| --- | --- |

(iv)

the amount reported by Rowerland under ‘other direct manufacturing costs’ included costs relating to painting of bicycle parts not used during the investigation period. Therefore, these costs were also disregarded from the manufacturing costs of the bicycles assembled during the investigation period;

| (v) | the amount reported by Rowerland as depreciation included depreciation for all the buildings, facilities and premises of the company. The company did not report any depreciation for machinery as the limited equipment owned by the company had already been depreciated. As the depreciation of the commercial building (shop) and relating warehouses was not linked to assembly operations, it was considered as administrative expenses and not part of the manufacturing costs. |
| --- | --- |

(v)

the amount reported by Rowerland as depreciation included depreciation for all the buildings, facilities and premises of the company. The company did not report any depreciation for machinery as the limited equipment owned by the company had already been depreciated. As the depreciation of the commercial building (shop) and relating warehouses was not linked to assembly operations, it was considered as administrative expenses and not part of the manufacturing costs.

| (f) | after recalculation, the value added to the parts brought in by Rowerland during the assembly operation amounted to less than 25 % of the manufacturing cost. |
| --- | --- |

(f)

after recalculation, the value added to the parts brought in by Rowerland during the assembly operation amounted to less than 25 % of the manufacturing cost.

| (16) | As a result, the company did not fulfil the criteria for exemption. In particular, during the investigation period Rowerland fell within the scope of Article 13(2) of the basic Regulation. |
| --- | --- |

(16)

As a result, the company did not fulfil the criteria for exemption. In particular, during the investigation period Rowerland fell within the scope of Article 13(2) of the basic Regulation.

| (17) | On these grounds and pursuant to Article 7(3) of the exemption Regulation, the exemption request should be rejected, and the suspension of the payment of the extended duty referred to in Article 5 same Regulation should be lifted. |
| --- | --- |

(17)

On these grounds and pursuant to Article 7(3) of the exemption Regulation, the exemption request should be rejected, and the suspension of the payment of the extended duty referred to in Article 5 same Regulation should be lifted.

| (18) | Consequently, the extended duty should be collected retroactively as from the date on which the suspension took effect, that is 17 October 2019. |
| --- | --- |

(18)

Consequently, the extended duty should be collected retroactively as from the date on which the suspension took effect, that is 17 October 2019.

| (19) | On 25 January 2022 the company was informed of the above findings on the basis of which the Commission intended to propose the rejection of its request for exemption, and was given an opportunity to comment. The company was also granted an opportunity to be heard and a hearing took place with the company. |
| --- | --- |

(19)

On 25 January 2022 the company was informed of the above findings on the basis of which the Commission intended to propose the rejection of its request for exemption, and was given an opportunity to comment. The company was also granted an opportunity to be heard and a hearing took place with the company.

| (20) | In their comments following disclosure, Rowerland disputed the revision of its costs made by the Commission as stated in recital (15). In particular, Rowerland claimed that the amount of depreciation included in the calculation of value added should include also depreciation expenses corresponding to additional facilities such as the paved square, the tent hall and the commercial building with its warehouse as these facilities were allegedly directly linked to bicycle assembly operations and/or constituted an integral part of the entire plant. |
| --- | --- |

(20)

In their comments following disclosure, Rowerland disputed the revision of its costs made by the Commission as stated in recital (15). In particular, Rowerland claimed that the amount of depreciation included in the calculation of value added should include also depreciation expenses corresponding to additional facilities such as the paved square, the tent hall and the commercial building with its warehouse as these facilities were allegedly directly linked to bicycle assembly operations and/or constituted an integral part of the entire plant.

| (21) | As a general note, it is highlighted that when calculating, pursuant to Article 13(2) of the basic Regulation, whether the value added to the parts brought in during the assembly operation was greater than 25 % of the manufacturing cost, the costs included in the calculation of the value added are costs incurred in the manufacturing process that lead to an increased value of the finished product in addition to its initial costs (for example manufacturing labour costs, factory overheads, depreciation of assembly facilities, internally-manufactured parts). These costs should, therefore, be specifically incurred in the manufacturing and completion process of bicycles. The costs incurred by the company that cannot be linked to the manufacturing process during the investigation period are not included for the purpose of the calculation of value added. Thus, other types of selling, general and administrative expenses are not included in the calculation of the value added as such costs are not incurred by the company in the manufacturing process, and do not increase the value added of the product. |
| --- | --- |

(21)

As a general note, it is highlighted that when calculating, pursuant to Article 13(2) of the basic Regulation, whether the value added to the parts brought in during the assembly operation was greater than 25 % of the manufacturing cost, the costs included in the calculation of the value added are costs incurred in the manufacturing process that lead to an increased value of the finished product in addition to its initial costs (for example manufacturing labour costs, factory overheads, depreciation of assembly facilities, internally-manufactured parts). These costs should, therefore, be specifically incurred in the manufacturing and completion process of bicycles. The costs incurred by the company that cannot be linked to the manufacturing process during the investigation period are not included for the purpose of the calculation of value added. Thus, other types of selling, general and administrative expenses are not included in the calculation of the value added as such costs are not incurred by the company in the manufacturing process, and do not increase the value added of the product.

| (22) | Moreover, it is recalled that as stated in recital (15)(d), Rowerland did not manufacture any bicycle parts, apart from bicycle wheels. The depreciation expenses reported was mainly for several buildings. The investigation revealed that as of April 2020 Rowerland also had a building that was used for selling bicycles. The depreciation of this building was thus not included in the calculation of the value added. However, the depreciation of the buildings where assembly operations took place or that were linked to the assembly operations were included in the calculation for the value added. Moreover, the Commission included also the rent of two warehouses where the bicycle parts were stored as such costs are linked to the manufacturing process. As regards the paved square and the tent, insufficient evidence was provided that there was a direct link to the assembly operation. In any event, the impact of this issue is marginal in practice, as the value added would still be less than 25 %. Therefore, the claim was rejected. |
| --- | --- |

(22)

Moreover, it is recalled that as stated in recital (15)(d), Rowerland did not manufacture any bicycle parts, apart from bicycle wheels. The depreciation expenses reported was mainly for several buildings. The investigation revealed that as of April 2020 Rowerland also had a building that was used for selling bicycles. The depreciation of this building was thus not included in the calculation of the value added. However, the depreciation of the buildings where assembly operations took place or that were linked to the assembly operations were included in the calculation for the value added. Moreover, the Commission included also the rent of two warehouses where the bicycle parts were stored as such costs are linked to the manufacturing process. As regards the paved square and the tent, insufficient evidence was provided that there was a direct link to the assembly operation. In any event, the impact of this issue is marginal in practice, as the value added would still be less than 25 %. Therefore, the claim was rejected.

| (23) | Furthermore, Rowerland disagreed with the Commission’s revision of the electricity costs stated in recitals (15)(e)(i) and 15(e)(iii). It claimed that its allocation key used for electricity was selected by a certified auditor. No evidence was submitted in this regard. Therefore, the claim was rejected. |
| --- | --- |

(23)

Furthermore, Rowerland disagreed with the Commission’s revision of the electricity costs stated in recitals (15)(e)(i) and 15(e)(iii). It claimed that its allocation key used for electricity was selected by a certified auditor. No evidence was submitted in this regard. Therefore, the claim was rejected.

| (24) | Rowerland also claimed that the expenses linked to the water provided to the employees and the waste disposal should be included in the calculation of the value added. However, these expenses were so low as to have no material impact on the calculation of the value added. |
| --- | --- |

(24)

Rowerland also claimed that the expenses linked to the water provided to the employees and the waste disposal should be included in the calculation of the value added. However, these expenses were so low as to have no material impact on the calculation of the value added.

| (25) | Finally Rowerland claimed that during the verification visit it unintentionally misinformed the Commission’s case team about the period of use of certain bicycle parts for which painting costs occurred. It claimed that these parts were used for the assembly of bicycles in the investigation period and therefore the painting costs should be included in the calculation of the added value. |
| --- | --- |

(25)

Finally Rowerland claimed that during the verification visit it unintentionally misinformed the Commission’s case team about the period of use of certain bicycle parts for which painting costs occurred. It claimed that these parts were used for the assembly of bicycles in the investigation period and therefore the painting costs should be included in the calculation of the added value.

| (26) | The Commission notes that no evidence was submitted in this regard and therefore the claim was rejected as being unsubstantiated, |
| --- | --- |

(26)

The Commission notes that no evidence was submitted in this regard and therefore the claim was rejected as being unsubstantiated,

HAS ADOPTED THIS DECISION:

Article 1

The request for exemption from the extended anti-dumping duty submitted by the party listed in the table of this Article is hereby rejected pursuant to Article 7(3) of Regulation (EC) No 88/97.

Party for which the suspension shall be lifted

| TARIC additional code | Name | Address | Date of effect |
| --- | --- | --- | --- |
| C529 | Rowerland Piotr Tokarz | ul. Klubowa 23, |
| PL-32-600 Broszkowice, Poland |

TARIC additional code

Name

Address

Date of effect

C529

Rowerland Piotr Tokarz

ul. Klubowa 23,

PL-32-600 Broszkowice, Poland

17.10.2019

Article 2

The suspension of the payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the party listed in the table of Article 1.

The extended duty should be collected as from the date provided for in the column headed ‘Date of effect’.

Article 3

This Decision is addressed to the Member States and to the party listed in Article 1 and published in the Official Journal of the European Union.

Done at Brussels, 3 March 2022.

For the Commission

Valdis DOMBROVSKIS

Executive Vice-President

---

(1)  
  OJ L 176, 30.6.2016, p. 21.

1

(2)  
  OJ L 16, 21.1.2020, p. 7.

2

(3)  
  OJ L 17, 21.1.1997, p. 17.

3

(4)  Council Regulation (EC) No 71/97 of 10 January 1997 extending the definitive anti-dumping duty imposed by Regulation (EEC) No 2474/93 on bicycles originating in the People's Republic of China to imports of certain bicycle parts from the People's Republic of China, and levying the extended duty on such imports registered under Regulation (EC) No 703/96 (OJ L 16, 18.1.1997, p. 55).

4

(5)  
  OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ L 193, 22.7.1997, p. 32, OJ L 334, 5.12.1997, p. 37, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ L 343, 19.11.2004, p. 23, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16, OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99, OJ L 343, 23.12.2011, p. 86, OJ L 119, 23.4.2014, p. 67, OJ L 132, 29.5.2015, p. 32, OJ L 331, 17.12.2015, p. 30, OJ L 47, 24.2.2017, p. 13, OJ L 79, 22.3.2018, p. 31, OJ L 171, 26.6.2019, p. 117, OJ L 138, 30.4.2020, p. 8, OJ L 158, 20.5.2020, p. 7, OJ L 325, 7.10.2020, p. 74, OJ L 140, 23.4.2021, p. 1.

5

(6)  Commission Implementing Decision (EU) 2021/659 of 15 April 2021 concerning exemptions from the extended anti-dumping duty on certain bicycle parts originating in the People’s Republic of China pursuant to Regulation (EC) No 88/97 (OJ L 140, 23.4.2021, p. 1.)

6

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| 10.3.2022 | EN | Official Journal of the European Union | L 83/44 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/44

---

COMMISSION IMPLEMENTING DECISION (EU) 2022/404

of 3 March 2022

amending Implementing Decision (EU) 2019/919 as regards harmonised standards for steering gear – cable over pulley systems

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:

| (1) | In accordance with Article 14 of Directive 2013/53/EU of the European Parliament and of the Council (2), products which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, are presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 4(1) of Directive 2013/53/EU and Annex I to that Directive. |
| --- | --- |

(1)

In accordance with Article 14 of Directive 2013/53/EU of the European Parliament and of the Council (2), products which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union, are presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 4(1) of Directive 2013/53/EU and Annex I to that Directive.

| (2) | By Implementing Decision C(2015) 8736 (3), the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting and revision of harmonised standards in support of Directive 2013/53/EU addressing the stricter essential requirements set out in Article 4(1) of Directive 2013/53/EU and in Annex I to that Directive, in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4). |
| --- | --- |

(2)

By Implementing Decision C(2015) 8736 (3), the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting and revision of harmonised standards in support of Directive 2013/53/EU addressing the stricter essential requirements set out in Article 4(1) of Directive 2013/53/EU and in Annex I to that Directive, in comparison with the repealed Directive 94/25/EC of the European Parliament and of the Council (4).

| (3) | By Implementing Decision C(2015) 8736 CEN and Cenelec were also requested to revise standards the references of which were published by Commission communication 2015/C 087/01 (5). |
| --- | --- |

(3)

By Implementing Decision C(2015) 8736 CEN and Cenelec were also requested to revise standards the references of which were published by Commission communication 2015/C 087/01 (5).

| (4) | On the basis of the request set out in Implementing Decision C(2015) 8736, CEN revised harmonised standard EN ISO 8847:2017 on steering gear – cable and pulley systems, which had replaced the previous harmonised standard EN ISO 8847:2004 and the reference of which has been published by Commission communication 2017/C 435/06 (6). This resulted in the adoption of harmonised standard EN ISO 8847:2021. |
| --- | --- |

(4)

On the basis of the request set out in Implementing Decision C(2015) 8736, CEN revised harmonised standard EN ISO 8847:2017 on steering gear – cable and pulley systems, which had replaced the previous harmonised standard EN ISO 8847:2004 and the reference of which has been published by Commission communication 2017/C 435/06 (6). This resulted in the adoption of harmonised standard EN ISO 8847:2021.

| (5) | The Commission together with CEN has assessed whether that standard as revised by CEN complies with the request set out in Implementing Decision C(2015) 8736. |
| --- | --- |

(5)

The Commission together with CEN has assessed whether that standard as revised by CEN complies with the request set out in Implementing Decision C(2015) 8736.

| (6) | The standard EN ISO 8847:2021 sets out requirements for the design, installation and testing of cable over pulley steering systems on small craft with or without propulsion engine and on small craft with outboard engine up to and including 37 kW of total power. |
| --- | --- |

(6)

The standard EN ISO 8847:2021 sets out requirements for the design, installation and testing of cable over pulley steering systems on small craft with or without propulsion engine and on small craft with outboard engine up to and including 37 kW of total power.

| (7) | The standard EN ISO 8847:2021 satisfies the requirements which it aims to cover and which are set out in Article 4(1) of Directive 2013/53/EU, as well as in Part A of Annex I to that Directive. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union. |
| --- | --- |

(7)

The standard EN ISO 8847:2021 satisfies the requirements which it aims to cover and which are set out in Article 4(1) of Directive 2013/53/EU, as well as in Part A of Annex I to that Directive. It is therefore appropriate to publish the reference of that standard in the Official Journal of the European Union.

| (8) | Standard EN ISO 8847:2021 is to replace standard EN ISO 8847:2017. |
| --- | --- |

(8)

Standard EN ISO 8847:2021 is to replace standard EN ISO 8847:2017.

| (9) | It is therefore necessary to withdraw the reference of standard EN ISO 8847:2017 from the Official Journal of the European Union. |
| --- | --- |

(9)

It is therefore necessary to withdraw the reference of standard EN ISO 8847:2017 from the Official Journal of the European Union.

| (10) | In order to give manufacturers sufficient time to adapt their products to the revised version of harmonised standard EN ISO 8847:2017, it is necessary to defer the withdrawal of the reference of that standard. |
| --- | --- |

(10)

In order to give manufacturers sufficient time to adapt their products to the revised version of harmonised standard EN ISO 8847:2017, it is necessary to defer the withdrawal of the reference of that standard.

| (11) | Annex I to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU. The reference of harmonised standard EN ISO 8847:2021 should be included in that Annex. |
| --- | --- |

(11)

Annex I to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU. The reference of harmonised standard EN ISO 8847:2021 should be included in that Annex.

| (12) | Annex II to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU that are withdrawn from the C-series of Official Journal of the European Union. The reference of harmonised standard EN ISO 8847:2017 should be included in that Annex. |
| --- | --- |

(12)

Annex II to Implementing Decision (EU) 2019/919 lists the references of harmonised standards drafted in support of Directive 2013/53/EU that are withdrawn from the C-series of Official Journal of the European Union. The reference of harmonised standard EN ISO 8847:2017 should be included in that Annex.

| (13) | Implementing Decision (EU) 2019/919 should therefore be amended accordingly. |
| --- | --- |

(13)

Implementing Decision (EU) 2019/919 should therefore be amended accordingly.

| (14) | Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication, |
| --- | --- |

(14)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the date of its publication,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2019/919 is amended as follows:

| (1) | Annex I is amended in accordance with Annex I to this Decision; |
| --- | --- |

(1)

Annex I is amended in accordance with Annex I to this Decision;

| (2) | Annex II is amended in accordance with Annex II to this Decision. |
| --- | --- |

(2)

Annex II is amended in accordance with Annex II to this Decision.

Article 2

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

Done at Brussels, 3 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 316, 14.11.2012, p. 12.

1

(2)  Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p. 90).

2

(3)  Commission Implementing Decision C(2015) 8736 of 15 December 2015 on a standardisation request to the European Committee for Standardisation and the European Committee for Electro-technical Standardisation as regards recreational craft and personal watercraft in support of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC.

3

(4)  Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (OJ L 164, 30.6.1994, p. 15).

4

(5)  Commission communication in the framework of the implementation of Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 87, 13.3.2015, p. 1).

5

(6)  Commission communication in the framework of the implementation of Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 435, 15.12.2017, p. 144).

6

---

ANNEX I

In Annex I to Implementing Decision (EU) 2019/919, the following entry is added:

| No | Reference of the standard |
| --- | --- |
| ‘44. | EN ISO 8847:2021 |
| | Small craft – Steering gear – Cable over pulley systems’. |

No

Reference of the standard

‘44.

EN ISO 8847:2021

Small craft – Steering gear – Cable over pulley systems’.

---

ANNEX II

In Annex II to Implementing Decision (EU) 2019/919, the following entry is added:

| No | Reference of the standard | Date of withdrawal |
| --- | --- | --- |
| ‘37. | EN ISO 8847:2017
  Small craft – Steering gear – Cable over pulley systems | 10 September 2023.’ |

No

Reference of the standard

Date of withdrawal

‘37.

EN ISO 8847:2017

Small craft – Steering gear – Cable over pulley systems

10 September 2023.’

---

| 10.3.2022 | EN | Official Journal of the European Union | L 83/48 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/48

---

COMMISSION IMPLEMENTING DECISION (EU) 2022/405

of 3 March 2022

amending Implementing Decision (EU) 2019/1956 as regards harmonised standards for cover plates and cover tapes, luminaires, electrical accessories, powertrack systems, circuit breakers, electrical equipment for measurement, control, and laboratory use, and resistance welding equipment

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:

| (1) | In accordance with Article 12 of Directive 2014/35/EU of the European Parliament and of the Council (2), electrical equipment which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the safety objectives referred to in Article 3 of that Directive and set out in Annex I to that Directive, covered by those harmonised standards or parts thereof. |
| --- | --- |

(1)

In accordance with Article 12 of Directive 2014/35/EU of the European Parliament and of the Council (2), electrical equipment which is in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, is to be presumed to be in conformity with the safety objectives referred to in Article 3 of that Directive and set out in Annex I to that Directive, covered by those harmonised standards or parts thereof.

| (2) | By letter M/511 of 8 November 2012, the Commission made a request to the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) for providing the first full list of the titles of harmonised standards and for the drafting, revision and the completion of harmonised standards, for electrical equipment designed for use within certain voltage limits in support of Directive 2014/35/EU. The safety objectives referred to in Article 3 of Directive 2014/35/EU and set out in Annex I to that Directive have not changed since the request was made to CEN, Cenelec and ETSI. |
| --- | --- |

(2)

By letter M/511 of 8 November 2012, the Commission made a request to the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) for providing the first full list of the titles of harmonised standards and for the drafting, revision and the completion of harmonised standards, for electrical equipment designed for use within certain voltage limits in support of Directive 2014/35/EU. The safety objectives referred to in Article 3 of Directive 2014/35/EU and set out in Annex I to that Directive have not changed since the request was made to CEN, Cenelec and ETSI.

| (3) | On the basis of the request M/511, CEN and Cenelec drafted the harmonised standard, EN IEC 61010-2-034:2021 and its amendment EN IEC 61010-2-034:2021/A11:2021 for safety requirements for electrical equipment for measurement, control, and laboratory use. |
| --- | --- |

(3)

On the basis of the request M/511, CEN and Cenelec drafted the harmonised standard, EN IEC 61010-2-034:2021 and its amendment EN IEC 61010-2-034:2021/A11:2021 for safety requirements for electrical equipment for measurement, control, and laboratory use.

| (4) | On the basis of the request M/511, CEN and Cenelec revised and amended the following harmonised standards, the references of which are published by Commission Communication (2016/C 249/03) (3): EN 50520:2009 for cover plates and cover tapes, EN 60898-2:2006 for circuit-breakers for a.c. and d.c. operation, EN 61010-2-051:2015 for laboratory equipment for mixing and stirring and EN 61010-2-030:2010 for equipment having testing or measuring circuits. This resulted in the adoption of the following harmonised standards and amendments: EN 50520:2020 and EN 50520:2020/A1:2021; EN 60898-2:2021; EN IEC 61010-2-051:2021 and EN IEC 61010-2-051:2021/A11:2021; and EN IEC 61010-2-030:2021 and EN IEC 61010-2-030:2021/A11:2021. On the basis of that request CEN and Cenelec also revised harmonised standard EN 61010-2-061:2015 for laboratory atomic spectrometers with thermal atomization and ionization, reference of which is published by Commission Implementing Decision (EU) 2019/1956 (4). This resulted in the adoption of the standard EN IEC 61010-2-061:2021 and its amendment EN IEC 61010-2-061:2021/A11:2021. |
| --- | --- |

(4)

On the basis of the request M/511, CEN and Cenelec revised and amended the following harmonised standards, the references of which are published by Commission Communication (2016/C 249/03) (3): EN 50520:2009 for cover plates and cover tapes, EN 60898-2:2006 for circuit-breakers for a.c. and d.c. operation, EN 61010-2-051:2015 for laboratory equipment for mixing and stirring and EN 61010-2-030:2010 for equipment having testing or measuring circuits. This resulted in the adoption of the following harmonised standards and amendments: EN 50520:2020 and EN 50520:2020/A1:2021; EN 60898-2:2021; EN IEC 61010-2-051:2021 and EN IEC 61010-2-051:2021/A11:2021; and EN IEC 61010-2-030:2021 and EN IEC 61010-2-030:2021/A11:2021. On the basis of that request CEN and Cenelec also revised harmonised standard EN 61010-2-061:2015 for laboratory atomic spectrometers with thermal atomization and ionization, reference of which is published by Commission Implementing Decision (EU) 2019/1956 (4). This resulted in the adoption of the standard EN IEC 61010-2-061:2021 and its amendment EN IEC 61010-2-061:2021/A11:2021.

| (5) | On the basis of the request M/511, CEN and Cenelec also amended and corrected the following harmonised standards, the references of which are published by Commission Communication (2016/C 249/03): EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and as corrected by EN 60598-2-13:2006/AC:2006 for ground recessed luminaires; EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014 for powertrack systems; EN 61534-21:2014 for powertrack systems; EN 61534-22:2014 for powertrack systems; and EN 62135-1:2015 for resistance welding equipment. This resulted in the adoption of the following amending harmonised standards and a correction: EN 60598-2-13:2006/A11:2021; EN 61534-1:2011/A11:2021; EN 61534-1:2011/A2:2021; EN 61534-21:2014/A11:2021; EN 61534-21:2014/A1:2021; EN 61534-22:2014/A11:2021; EN 61534-22:2014/A1:2021; and EN 62135-1:2015/AC:2016. |
| --- | --- |

(5)

On the basis of the request M/511, CEN and Cenelec also amended and corrected the following harmonised standards, the references of which are published by Commission Communication (2016/C 249/03): EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and as corrected by EN 60598-2-13:2006/AC:2006 for ground recessed luminaires; EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014 for powertrack systems; EN 61534-21:2014 for powertrack systems; EN 61534-22:2014 for powertrack systems; and EN 62135-1:2015 for resistance welding equipment. This resulted in the adoption of the following amending harmonised standards and a correction: EN 60598-2-13:2006/A11:2021; EN 61534-1:2011/A11:2021; EN 61534-1:2011/A2:2021; EN 61534-21:2014/A11:2021; EN 61534-21:2014/A1:2021; EN 61534-22:2014/A11:2021; EN 61534-22:2014/A1:2021; and EN 62135-1:2015/AC:2016.

| (6) | The Commission, together with CEN and Cenelec, has assessed whether those harmonised standards and amendments and corrections thereto comply with the request M/511. |
| --- | --- |

(6)

The Commission, together with CEN and Cenelec, has assessed whether those harmonised standards and amendments and corrections thereto comply with the request M/511.

| (7) | Harmonised standards EN IEC 61010-2-034:2021 as amended by EN IEC 61010-2-034:2021/A11:2021; EN 50520:2020 as amended by EN 50520:2020/A1:2021; EN 60898-2:2021; EN IEC 61010-2-051:2021 as amended by EN IEC 61010-2-051:2021/A11:2021; EN IEC 61010-2-061:2021 as amended by EN IEC 61010-2-061:2021/A11:2021; EN IEC 61010-2-030:2021 as amended by EN IEC 61010-2-030:2021/A11:2021; EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and EN 60598-2-13:2006/A11:2021 and as corrected by EN 60598-2-13:2006/AC:2006; EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014, EN 61534-1:2011/A11:2021 and EN 61534-1:2011/A2:2021; EN 61534-21:2014 as amended by EN 61534-21:2014/A11:2021 and EN 61534-21:2014/A1:2021; EN 61534-22:2014 as amended by EN 61534-22:2014/A11:2021 and EN 61534-22:2014/A1:2021; and EN 62135-1:2015 as corrected by EN 62135-1:2015/AC:2016 satisfy the safety objectives which they aim to cover and which are set out in Directive 2014/35/EU. It is therefore appropriate to publish the references of those standards, and of the amendments and corrections thereto in the Official Journal of the European Union. |
| --- | --- |

(7)

Harmonised standards EN IEC 61010-2-034:2021 as amended by EN IEC 61010-2-034:2021/A11:2021; EN 50520:2020 as amended by EN 50520:2020/A1:2021; EN 60898-2:2021; EN IEC 61010-2-051:2021 as amended by EN IEC 61010-2-051:2021/A11:2021; EN IEC 61010-2-061:2021 as amended by EN IEC 61010-2-061:2021/A11:2021; EN IEC 61010-2-030:2021 as amended by EN IEC 61010-2-030:2021/A11:2021; EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and EN 60598-2-13:2006/A11:2021 and as corrected by EN 60598-2-13:2006/AC:2006; EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014, EN 61534-1:2011/A11:2021 and EN 61534-1:2011/A2:2021; EN 61534-21:2014 as amended by EN 61534-21:2014/A11:2021 and EN 61534-21:2014/A1:2021; EN 61534-22:2014 as amended by EN 61534-22:2014/A11:2021 and EN 61534-22:2014/A1:2021; and EN 62135-1:2015 as corrected by EN 62135-1:2015/AC:2016 satisfy the safety objectives which they aim to cover and which are set out in Directive 2014/35/EU. It is therefore appropriate to publish the references of those standards, and of the amendments and corrections thereto in the Official Journal of the European Union.

| (8) | Implementing Decision (EU) 2019/1956 provides in its Annex I the references of harmonised standards conferring a presumption of conformity with Directive 2014/35/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/35/EU are listed in one act, the references of those standards should be included in that Annex. |
| --- | --- |

(8)

Implementing Decision (EU) 2019/1956 provides in its Annex I the references of harmonised standards conferring a presumption of conformity with Directive 2014/35/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/35/EU are listed in one act, the references of those standards should be included in that Annex.

| (9) | It is therefore necessary to withdraw the references of the following harmonised standards together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union: EN 50520:2009; EN 60898-2:2006; EN 61010-2-051:2015; EN 61010-2-061:2015; EN 61010-2-030:2010; EN 60598-2-13:2006; EN 61534-1:2011; EN 61534-21:2014; EN 61534-22:2014 and EN 62135-1:2015. |
| --- | --- |

(9)

It is therefore necessary to withdraw the references of the following harmonised standards together with the references of any amending or correcting standards thereto published in the Official Journal of the European Union: EN 50520:2009; EN 60898-2:2006; EN 61010-2-051:2015; EN 61010-2-061:2015; EN 61010-2-030:2010; EN 60598-2-13:2006; EN 61534-1:2011; EN 61534-21:2014; EN 61534-22:2014 and EN 62135-1:2015.

| (10) | Annex II to Implementing Decision (EU) 2019/1956 lists the references of harmonised standards drafted in support of Directive 2014/35/EU that are withdrawn from the C series of the Official Journal of the European Union. It is therefore appropriate to include those references in that Annex. However, given that reference of harmonised standard EN 61010-2-061:2015 is published in Annex IB to Implementing Decision (EU) 2019/1956, it is necessary to delete that reference from that Annex. |
| --- | --- |

(10)

Annex II to Implementing Decision (EU) 2019/1956 lists the references of harmonised standards drafted in support of Directive 2014/35/EU that are withdrawn from the C series of the Official Journal of the European Union. It is therefore appropriate to include those references in that Annex. However, given that reference of harmonised standard EN 61010-2-061:2015 is published in Annex IB to Implementing Decision (EU) 2019/1956, it is necessary to delete that reference from that Annex.

| (11) | In order to give manufacturers sufficient time to prepare for application of harmonised standards EN 50520:2020 as amended by EN 50520:2020/A1:2021; EN 60898-2:2021; EN IEC 61010-2-051:2021 as amended by EN IEC 61010-2-051:2021/A11:2021; EN IEC 61010-2-061:2021 as amended by EN IEC 61010-2-061:2021/A11:2021; EN IEC 61010-2-030:2021 as amended by EN IEC 61010-2-030:2021/A11:2021; EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and EN 60598-2-13:2006/A11:2021 and as corrected by EN 60598-2-13:2006/AC:2006; EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014, EN 61534-1:2011/A11:2021 and EN 61534-1:2011/A2:2021; EN 61534-21:2014 as amended by EN 61534-21:2014/A11:2021 and EN 61534-21:2014/A1:2021; EN 61534-22:2014 as amended by EN 61534-22:2014/A11:2021 and EN 61534-22:2014/A1:2021 and EN 62135-1:2015 as corrected by EN 62135-1:2015/AC:2016, it is necessary to defer the withdrawal of the references of the following harmonised standards together with the references of any amending or correcting standards: EN 50520:2009; EN 60898-2:2006; EN 61010-2-051:2015; EN 61010-2-061:2015; EN 61010-2-030:2010; EN 60598-2-13:2006; EN 61534-1:2011; EN 61534-21:2014; EN 61534-22:2014 and EN 62135-1:2015. |
| --- | --- |

(11)

In order to give manufacturers sufficient time to prepare for application of harmonised standards EN 50520:2020 as amended by EN 50520:2020/A1:2021; EN 60898-2:2021; EN IEC 61010-2-051:2021 as amended by EN IEC 61010-2-051:2021/A11:2021; EN IEC 61010-2-061:2021 as amended by EN IEC 61010-2-061:2021/A11:2021; EN IEC 61010-2-030:2021 as amended by EN IEC 61010-2-030:2021/A11:2021; EN 60598-2-13:2006 as amended by EN 60598-2-13:2006/A1:2012 and EN 60598-2-13:2006/A11:2021 and as corrected by EN 60598-2-13:2006/AC:2006; EN 61534-1:2011 as amended by EN 61534-1:2011/A1:2014, EN 61534-1:2011/A11:2021 and EN 61534-1:2011/A2:2021; EN 61534-21:2014 as amended by EN 61534-21:2014/A11:2021 and EN 61534-21:2014/A1:2021; EN 61534-22:2014 as amended by EN 61534-22:2014/A11:2021 and EN 61534-22:2014/A1:2021 and EN 62135-1:2015 as corrected by EN 62135-1:2015/AC:2016, it is necessary to defer the withdrawal of the references of the following harmonised standards together with the references of any amending or correcting standards: EN 50520:2009; EN 60898-2:2006; EN 61010-2-051:2015; EN 61010-2-061:2015; EN 61010-2-030:2010; EN 60598-2-13:2006; EN 61534-1:2011; EN 61534-21:2014; EN 61534-22:2014 and EN 62135-1:2015.

| (12) | Implementing Decision (EU) 2019/1956 should therefore be amended accordingly. |
| --- | --- |

(12)

Implementing Decision (EU) 2019/1956 should therefore be amended accordingly.

| (13) | Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements, including the safety objectives, set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication, |
| --- | --- |

(13)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements, including the safety objectives, set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2019/1956 is amended as follows:

| (a) | Annex I is amended in accordance with Annex I to this Decision; |
| --- | --- |

(a)

Annex I is amended in accordance with Annex I to this Decision;

| (b) | Annex IB is amended in accordance with Annex II to this Decision; |
| --- | --- |

(b)

Annex IB is amended in accordance with Annex II to this Decision;

| (c) | Annex II is amended in accordance with Annex III to this Decision. |
| --- | --- |

(c)

Annex II is amended in accordance with Annex III to this Decision.

Article 2

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

Article 1, point (b), shall apply from 10 September 2023.

Done at Brussels, 3 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 316, 14.11.2012, p. 12.

1

(2)  Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ L 96, 29.3.2014, p. 357).

2

(3)  Commission Communication (2016/C 249/03) in the framework of the implementation of Directive 2014/35/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (OJ C 249, 8.7.2016, p. 62).

3

(4)  Commission Implementing Decision (EU) 2019/1956 of 26 November 2019 on the harmonised standards for electrical equipment designed for use within certain voltage limits and drafted in support of Directive 2014/35/EU of the European Parliament and of the Council (OJ L 306, 27.11.2019, p. 26).

4

---

ANNEX I

In Annex I to Implementing Decision (EU) 2019/1956 the following rows are added:

| No | Reference of the standard |
| --- | --- |
| ‘101. | EN IEC 61010-2-034:2021
  Safety requirements for electrical equipment for measurement, control, and laboratory use – Part 2-034: Particular requirements for measurement equipment for insulation resistance and test equipment for electric strength
  EN IEC 61010-2-034:2021/A11:2021 |
| 102. | EN 50520:2020
  Cover plates and cover tapes for the protection and location warning of buried cables or buried conduits in underground installations
  EN 50520:2020/A1:2021 |
| 103. | EN 60898-2:2021
  Electrical accessories – Circuit-breakers for overcurrent protection for household and similar installations – Part 2: Circuit-breakers for a.c. and d.c. operation |
| 104. | EN IEC 61010-2-051:2021
  Safety requirements for electrical equipment for measurement, control and laboratory use – Part 2-051: Particular requirements for laboratory equipment for mixing and stirring
  EN IEC 61010-2-051:2021/A11:2021 |
| 105. | EN IEC 61010-2-061:2021
  Safety requirements for electrical equipment for measurement, control and laboratory use – Part 2-061: Particular requirements for laboratory atomic spectrometers with thermal atomization and ionization
  EN IEC 61010-2-061:2021/A11:2021 |
| 106. | EN IEC 61010-2-030:2021
  Safety requirements for electrical equipment for measurement, control, and laboratory use – Part 2-030: Particular requirements for equipment having testing or measuring circuits
  EN IEC 61010-2-030:2021/A11:2021 |
| 107. | EN 60598-2-13:2006
  Luminaires – Part 2-13: Particular requirements – Ground recessed luminaires
  EN 60598-2-13:2006/A1:2012
  EN 60598-2-13:2006/A11:2021
  EN 60598-2-13:2006/AC:2006; |
| 108. | EN 61534-1:2011
  Powertrack systems – Part 1: General requirements
  EN 61534-1:2011/A1:2014
  EN 61534-1:2011/A11:2021
  EN 61534-1:2011/A2:2021 |
| 109. | EN 61534-21:2014
  Powertrack systems – Part 21: Particular requirements for powertrack systems intended for wall and ceiling mounting
  EN 61534-21:2014/A11:2021
  EN 61534-21:2014/A1:2021; |
| 110. | EN 61534-22:2014
  Powertrack systems – Part 22: Particular requirements for powertrack systems intended for onfloor or underfloor installation
  EN 61534-22:2014/A11:2021
  EN 61534-22:2014/A1:2021 |
| 111. | EN 62135-1:2015
  Resistance welding equipment – Part 1: Safety requirements for design, manufacture and installation
  EN 62135-1:2015/AC:2016’ |

No

Reference of the standard

‘101.

EN IEC 61010-2-034:2021

Safety requirements for electrical equipment for measurement, control, and laboratory use – Part 2-034: Particular requirements for measurement equipment for insulation resistance and test equipment for electric strength

EN IEC 61010-2-034:2021/A11:2021

102.

EN 50520:2020

Cover plates and cover tapes for the protection and location warning of buried cables or buried conduits in underground installations

EN 50520:2020/A1:2021

103.

EN 60898-2:2021

Electrical accessories – Circuit-breakers for overcurrent protection for household and similar installations – Part 2: Circuit-breakers for a.c. and d.c. operation

104.

EN IEC 61010-2-051:2021

Safety requirements for electrical equipment for measurement, control and laboratory use – Part 2-051: Particular requirements for laboratory equipment for mixing and stirring

EN IEC 61010-2-051:2021/A11:2021

105.

EN IEC 61010-2-061:2021

Safety requirements for electrical equipment for measurement, control and laboratory use – Part 2-061: Particular requirements for laboratory atomic spectrometers with thermal atomization and ionization

EN IEC 61010-2-061:2021/A11:2021

106.

EN IEC 61010-2-030:2021

Safety requirements for electrical equipment for measurement, control, and laboratory use – Part 2-030: Particular requirements for equipment having testing or measuring circuits

EN IEC 61010-2-030:2021/A11:2021

107.

EN 60598-2-13:2006

Luminaires – Part 2-13: Particular requirements – Ground recessed luminaires

EN 60598-2-13:2006/A1:2012

EN 60598-2-13:2006/A11:2021

EN 60598-2-13:2006/AC:2006;

108.

EN 61534-1:2011

Powertrack systems – Part 1: General requirements

EN 61534-1:2011/A1:2014

EN 61534-1:2011/A11:2021

EN 61534-1:2011/A2:2021

109.

EN 61534-21:2014

Powertrack systems – Part 21: Particular requirements for powertrack systems intended for wall and ceiling mounting

EN 61534-21:2014/A11:2021

EN 61534-21:2014/A1:2021;

110.

EN 61534-22:2014

Powertrack systems – Part 22: Particular requirements for powertrack systems intended for onfloor or underfloor installation

EN 61534-22:2014/A11:2021

EN 61534-22:2014/A1:2021

111.

EN 62135-1:2015

Resistance welding equipment – Part 1: Safety requirements for design, manufacture and installation

EN 62135-1:2015/AC:2016’

---

ANNEX II

Row 29 of Annex IB to Implementing Decision (EU) 2019/1956 is deleted.

---

ANNEX III

In Annex II to Implementing Decision (EU) 2019/1956, the following rows are added:

| No | Reference of the standard | Date of withdrawal |
| --- | --- | --- |
| ‘96. | EN 50520:2009
  Cover plates and cover tapes for the protection and location warning of buried cables or buried conduits in underground installations | 10 September 2023 |
| 97. | EN 60898-2:2006
  Electrical accessories – Circuit-breakers for overcurrent protection for household and similar installations – Part 2: Circuit-breakers for a.c. and d.c. operation | 10 September 2023 |
| 98. | EN 61010-2-051:2015
  Safety requirements for electrical equipment for measurement, control and laboratory use – Part 2-051: Particular requirements for laboratory equipment for mixing and stirring | 10 September 2023 |
| 99. | EN 61010-2-030:2010
  Safety requirements for electrical equipment for measurement, control, and laboratory use – Part 2-030: Particular requirements for equipment having testing or measuring circuits | 10 September 2023 |
| 100. | EN 60598-2-13:2006
  Luminaires – Part 2-13: Particular requirements – Ground recessed luminaires
  EN 60598-2-13:2006/A1:2012
  EN 60598-2-13:2006/AC:2006 | 10 September 2023 |
| 101. | EN 61534-1:2011
  Powertrack systems – Part 1: General requirements
  EN 61534-1:2011/A1:2014 | 10 September 2023 |
| 102. | EN 61534-21:2014
  Powertrack systems – Part 21: Particular requirements for powertrack systems intended for wall and ceiling mounting | 10 September 2023 |
| 103. | EN 61534-22:2014
  Powertrack systems – Part 22: Particular requirements for powertrack systems intended for onfloor or underfloor installation | 10 September 2023 |
| 104. | EN 62135-1:2015
  Resistance welding equipment – Part 1: Safety requirements for design, manufacture and installation | 10 September 2023’ |

No

Reference of the standard

Date of withdrawal

‘96.

EN 50520:2009

Cover plates and cover tapes for the protection and location warning of buried cables or buried conduits in underground installations

10 September 2023

97.

EN 60898-2:2006

Electrical accessories – Circuit-breakers for overcurrent protection for household and similar installations – Part 2: Circuit-breakers for a.c. and d.c. operation

10 September 2023

98.

EN 61010-2-051:2015

Safety requirements for electrical equipment for measurement, control and laboratory use – Part 2-051: Particular requirements for laboratory equipment for mixing and stirring

10 September 2023

99.

EN 61010-2-030:2010

Safety requirements for electrical equipment for measurement, control, and laboratory use – Part 2-030: Particular requirements for equipment having testing or measuring circuits

10 September 2023

100.

EN 60598-2-13:2006

Luminaires – Part 2-13: Particular requirements – Ground recessed luminaires

EN 60598-2-13:2006/A1:2012

EN 60598-2-13:2006/AC:2006

10 September 2023

101.

EN 61534-1:2011

Powertrack systems – Part 1: General requirements

EN 61534-1:2011/A1:2014

10 September 2023

102.

EN 61534-21:2014

Powertrack systems – Part 21: Particular requirements for powertrack systems intended for wall and ceiling mounting

10 September 2023

103.

EN 61534-22:2014

Powertrack systems – Part 22: Particular requirements for powertrack systems intended for onfloor or underfloor installation

10 September 2023

104.

EN 62135-1:2015

Resistance welding equipment – Part 1: Safety requirements for design, manufacture and installation

10 September 2023’

---

| 10.3.2022 | EN | Official Journal of the European Union | L 83/55 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/55

---

COMMISSION IMPLEMENTING DECISION (EU) 2022/406

of 3 March 2022

amending Implementing Decision (EU) 2019/1202 as regards harmonised standards for automatic nozzles for use on fuel dispensers, metering pumps, dispensers and remote pumping units, safe breaks for use on metering pumps and dispensers, shear valves and swivels for use on metering pumps and dispensers, that are used in petrol filling stations

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:

| (1) | In accordance with Article 12 of Directive 2014/34/EU of the European Parliament and of the Council (2), products which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the essential health and safety requirements set out in Annex II to that Directive covered by those standards or parts thereof. |
| --- | --- |

(1)

In accordance with Article 12 of Directive 2014/34/EU of the European Parliament and of the Council (2), products which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the essential health and safety requirements set out in Annex II to that Directive covered by those standards or parts thereof.

| (2) | By letter BC/CEN/46-92 – BC/CLC/05-92 of 12 December 1994, the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) for the drafting and revision of harmonised standards in support of Directive 94/9/EC of the European Parliament and of the Council (3). That Directive was replaced by Directive 2014/34/EU without changing the essential health and safety requirements set out in Annex II to Directive 94/9/EC. |
| --- | --- |

(2)

By letter BC/CEN/46-92 – BC/CLC/05-92 of 12 December 1994, the Commission made a request to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) for the drafting and revision of harmonised standards in support of Directive 94/9/EC of the European Parliament and of the Council (3). That Directive was replaced by Directive 2014/34/EU without changing the essential health and safety requirements set out in Annex II to Directive 94/9/EC.

| (3) | In particular, CEN and Cenelec were requested to draft the following standards for the products used in petrol filling stations: Construction and performance of automatic nozzles for use on fuel dispensers, Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units, Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers, Safety requirements for construction and performance of shear valves and Safety requirements for construction and performance of swivels for use on metering pumps and dispensers. That standardisation work was indicated in Chapter I of the standardisation programme agreed between CEN, Cenelec and the Commission and attached to request BC/CEN/46-92 – BC/CLC/05-92. CEN and Cenelec were also requested to revise the existing standards with a view to aligning them to the essential health and safety requirements of Directive 94/9/EC. |
| --- | --- |

(3)

In particular, CEN and Cenelec were requested to draft the following standards for the products used in petrol filling stations: Construction and performance of automatic nozzles for use on fuel dispensers, Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units, Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers, Safety requirements for construction and performance of shear valves and Safety requirements for construction and performance of swivels for use on metering pumps and dispensers. That standardisation work was indicated in Chapter I of the standardisation programme agreed between CEN, Cenelec and the Commission and attached to request BC/CEN/46-92 – BC/CLC/05-92. CEN and Cenelec were also requested to revise the existing standards with a view to aligning them to the essential health and safety requirements of Directive 94/9/EC.

| (4) | On the basis of the request BC/CEN/46-92 – BC/CLC/05-92, CEN drafted the following harmonised standards for products used in petrol filling stations: EN 13012:2021 Construction and performance of automatic nozzles for use on fuel dispensers, EN 13617-1:2021 Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units, EN 13617-2:2021 Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers, EN 13617-3:2021 Safety requirements for construction and performance of shear valves and EN 13617-4:2021. Safety requirements for construction and performance of swivels for use on metering pumps and dispensers. |
| --- | --- |

(4)

On the basis of the request BC/CEN/46-92 – BC/CLC/05-92, CEN drafted the following harmonised standards for products used in petrol filling stations: EN 13012:2021 Construction and performance of automatic nozzles for use on fuel dispensers, EN 13617-1:2021 Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units, EN 13617-2:2021 Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers, EN 13617-3:2021 Safety requirements for construction and performance of shear valves and EN 13617-4:2021. Safety requirements for construction and performance of swivels for use on metering pumps and dispensers.

| (5) | The Commission together with CEN has assessed whether the standards EN 13012:2021, EN 13617-1:2021, EN 13617-2:2021, EN 13617-3:2021, EN 13617-4:2021 drafted by CEN comply with the request BC/CEN/46-92 – BC/CLC/05-92. |
| --- | --- |

(5)

The Commission together with CEN has assessed whether the standards EN 13012:2021, EN 13617-1:2021, EN 13617-2:2021, EN 13617-3:2021, EN 13617-4:2021 drafted by CEN comply with the request BC/CEN/46-92 – BC/CLC/05-92.

| (6) | The standards EN 13012:2021, EN 13617-1:2021, EN 13617-2:2021, EN 13617-3:2021 and EN 13617-4:2021 satisfy the requirements which they aim to cover and which are set out in Annex II to Directive 2014/34/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union. |
| --- | --- |

(6)

The standards EN 13012:2021, EN 13617-1:2021, EN 13617-2:2021, EN 13617-3:2021 and EN 13617-4:2021 satisfy the requirements which they aim to cover and which are set out in Annex II to Directive 2014/34/EU. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

| (7) | Standard EN 13012:2021 replaces standard EN 13012:2012. Standard EN 13617-1:2021 replaces standard EN 13617-1:2012. Standard EN 13617-2:2021 replaces standard EN 13617-2:2012. Standard EN 13617-3:2021 replaces standard EN 13617-3:2012. Standard EN 13617-4:2021 replaces standard EN 13617-4:2012. It is therefore necessary to withdraw from the Official Journal of the European Union the references of standards EN 13012:2012, EN 13617-1:2012, EN 13617-2:2012, EN 13617-3:2012, and EN 13617-4:2012 that are published by Commission communication (2018/C 371/01) (4). |
| --- | --- |

(7)

Standard EN 13012:2021 replaces standard EN 13012:2012. Standard EN 13617-1:2021 replaces standard EN 13617-1:2012. Standard EN 13617-2:2021 replaces standard EN 13617-2:2012. Standard EN 13617-3:2021 replaces standard EN 13617-3:2012. Standard EN 13617-4:2021 replaces standard EN 13617-4:2012. It is therefore necessary to withdraw from the Official Journal of the European Union the references of standards EN 13012:2012, EN 13617-1:2012, EN 13617-2:2012, EN 13617-3:2012, and EN 13617-4:2012 that are published by Commission communication (2018/C 371/01) (4).

| (8) | In order to provide manufacturers with sufficient time to adapt their products to the revised versions of standards EN 13012:2012, EN 13617-1:2012, EN 13617-2:2012, EN 13617-3:2012, and EN 13617-4:2012, it is necessary to defer the withdrawal of the reference to those standards. |
| --- | --- |

(8)

In order to provide manufacturers with sufficient time to adapt their products to the revised versions of standards EN 13012:2012, EN 13617-1:2012, EN 13617-2:2012, EN 13617-3:2012, and EN 13617-4:2012, it is necessary to defer the withdrawal of the reference to those standards.

| (9) | Annex I to Commission Implementing Decision (EU) 2019/1202 (5) lists the references of harmonised standards drafted in support of Directive 2014/34/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/34/EU are all listed in one act, the references of harmonised standards EN 13012:2021, EN 13617-1:2021, EN 13617-2:2021, EN 13617-3:2021 and EN 13617-4:2021should be included in that Annex. |
| --- | --- |

(9)

Annex I to Commission Implementing Decision (EU) 2019/1202 (5) lists the references of harmonised standards drafted in support of Directive 2014/34/EU. In order to ensure that the references of harmonised standards drafted in support of Directive 2014/34/EU are all listed in one act, the references of harmonised standards EN 13012:2021, EN 13617-1:2021, EN 13617-2:2021, EN 13617-3:2021 and EN 13617-4:2021should be included in that Annex.

| (10) | Annex II to Implementing Decision (EU) 2019/1202 lists the references of harmonised standards drafted in support of Directive 2014/34/EU that are withdrawn from the C series of the Official Journal of the European Union. The references of harmonised standards EN 13012:2012, EN 13617-1:2012, EN 13617-2:2012, EN 13617-3:2012 and EN 13617-4:2012 should be included in that Annex. |
| --- | --- |

(10)

Annex II to Implementing Decision (EU) 2019/1202 lists the references of harmonised standards drafted in support of Directive 2014/34/EU that are withdrawn from the C series of the Official Journal of the European Union. The references of harmonised standards EN 13012:2012, EN 13617-1:2012, EN 13617-2:2012, EN 13617-3:2012 and EN 13617-4:2012 should be included in that Annex.

| (11) | Implementing Decision (EU) 2019/1202 should therefore be amended accordingly. |
| --- | --- |

(11)

Implementing Decision (EU) 2019/1202 should therefore be amended accordingly.

| (12) | Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication, |
| --- | --- |

(12)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,

HAS ADOPTED THIS DECISION:

Article 1

Implementing Decision (EU) 2019/1202 is amended as follows:

| (1) | Annex I is amended in accordance with Annex I to this Decision; |
| --- | --- |

(1)

Annex I is amended in accordance with Annex I to this Decision;

| (2) | Annex II is amended in accordance with Annex II to this Decision. |
| --- | --- |

(2)

Annex II is amended in accordance with Annex II to this Decision.

Article 2

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

Done at Brussels, 3 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 316, 14.11.2012, p. 12.

1

(2)  Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 96, 29.3.2014, p. 309).

2

(3)  Directive 94/9/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the laws of the Member States concerning equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 100, 19.4.1994, p. 1).

3

(4)  Commission communication in the framework of the implementation of Directive 2014/34/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (Publication of titles and references of harmonised standards under Union harmonisation legislation) (OJ C 371, 12.10.2018, p. 1).

4

(5)  Commission Implementing Decision (EU) 2019/1202 of 12 July 2019 on the harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres drafted in support of Directive 2014/34/EU of the European Parliament and of the Council (OJ L 189, 15.7.2019, p. 71).

5

---

ANNEX I

In Annex I to Implementing Decision (EU) 2019/1202, the following entries are added:

| No | Reference of the standard |
| --- | --- |
| ‘5. | EN 13012:2021
  Petrol filling stations – Construction and performance of automatic nozzles for use on fuel dispensers |
| 6. | EN 13617-1:2021
  Petrol filling stations – Part 1: Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units |
| 7. | EN 13617-2:2021
  Petrol filling stations – Part 2: Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers |
| 8. | EN 13617-3:2021
  Petrol filling stations – Part 3: Safety requirements for construction and performance of shear valves |
| 9. | EN 13617-4:2021
  Petrol filling stations – Part 4: Safety requirements for construction and performance of swivels for use on metering pumps and dispensers’ |

No

Reference of the standard

‘5.

EN 13012:2021

Petrol filling stations – Construction and performance of automatic nozzles for use on fuel dispensers

6.

EN 13617-1:2021

Petrol filling stations – Part 1: Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units

7.

EN 13617-2:2021

Petrol filling stations – Part 2: Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers

8.

EN 13617-3:2021

Petrol filling stations – Part 3: Safety requirements for construction and performance of shear valves

9.

EN 13617-4:2021

Petrol filling stations – Part 4: Safety requirements for construction and performance of swivels for use on metering pumps and dispensers’

---

ANNEX II

In Annex II to Implementing Decision (EU) 2019/1202, the following entries are added:

| No | Reference of the standard | Date of withdrawal |
| --- | --- | --- |
| ‘4. | EN 13012:2012
  Petrol filling stations – Construction and performance of automatic nozzles for use on fuel dispensers | 3 September 2023 |
| 5. | EN 13617-1:2012
  Petrol filling stations – Part 1: Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units | 3 September 2023 |
| 6. | EN 13617-2:2012
  Petrol filling stations – Part 2: Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers | 3 September 2023 |
| 7. | EN 13617-3:2012
  Petrol filling stations – Part 3: Safety requirements for construction and performance of shear valves | 3 September 2023 |
| 8. | EN 13617-4:2012
  Petrol filling stations – Part 4: Safety requirements for construction and performance of swivels for use on metering pumps and dispensers | 3 September 2023.’ |

No

Reference of the standard

Date of withdrawal

‘4.

EN 13012:2012

Petrol filling stations – Construction and performance of automatic nozzles for use on fuel dispensers

3 September 2023

5.

EN 13617-1:2012

Petrol filling stations – Part 1: Safety requirements for construction and performance of metering pumps, dispensers and remote pumping units

3 September 2023

6.

EN 13617-2:2012

Petrol filling stations – Part 2: Safety requirements for construction and performance of safe breaks for use on metering pumps and dispensers

3 September 2023

7.

EN 13617-3:2012

Petrol filling stations – Part 3: Safety requirements for construction and performance of shear valves

3 September 2023

8.

EN 13617-4:2012

Petrol filling stations – Part 4: Safety requirements for construction and performance of swivels for use on metering pumps and dispensers

3 September 2023.’

---

| 10.3.2022 | EN | Official Journal of the European Union | L 83/60 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/60

---

COMMISSION IMPLEMENTING DECISION (EU) 2022/407

of 9 March 2022

terminating the partial interim review of the countervailing measures applicable to imports of certain rainbow trout originating in the Republic of Turkey

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1), and in particular Articles 14(1) and 19 thereof,

Whereas:

1.   PROCEDURE

PROCEDURE

1.1.   Previous investigations and measures in force

Previous investigations and measures in force

| (1) | By Commission Implementing Regulation (EU) 2015/309 (2), the Commission imposed definitive countervailing duties on imports of certain rainbow trout originating in the Republic of Turkey (‘the original investigation’). |
| --- | --- |

(1)

By Commission Implementing Regulation (EU) 2015/309 (2), the Commission imposed definitive countervailing duties on imports of certain rainbow trout originating in the Republic of Turkey (‘the original investigation’).

2

| (2) | On 4 June 2018, following a partial interim review concerning subsidisation of all exporting producers, pursuant to Commission Implementing Regulation (EU) 2018/823 (3), the Commission decided to maintain the measures as established in the original investigation. |
| --- | --- |

(2)

On 4 June 2018, following a partial interim review concerning subsidisation of all exporting producers, pursuant to Commission Implementing Regulation (EU) 2018/823 (3), the Commission decided to maintain the measures as established in the original investigation.

3

| (3) | It found that the legislative change in the Turkish legislation on subsidies to trout producers that was subject to the review did not justify revising the countervailing duties to all trout producers in Turkey. However, it was observed that the impact of the legislative change differed at individual company level (4). |
| --- | --- |

(3)

It found that the legislative change in the Turkish legislation on subsidies to trout producers that was subject to the review did not justify revising the countervailing duties to all trout producers in Turkey. However, it was observed that the impact of the legislative change differed at individual company level (4).

4

| (4) | On 15 May 2020, following a partial interim review, pursuant to Commission Implementing Regulation (EU) 2020/658 (5), the Commission amended the level of the countervailing duty with regard to one exporting producer. |
| --- | --- |

(4)

On 15 May 2020, following a partial interim review, pursuant to Commission Implementing Regulation (EU) 2020/658 (5), the Commission amended the level of the countervailing duty with regard to one exporting producer.

5

| (5) | On 20 May 2021, following an expiry review, pursuant to Commission Implementing Regulation (EU) 2021/823 (6), the Commission decided to maintain the level of the countervailing duties as established in the original investigation and as amended by Implementing Regulation (EU) 2020/658. |
| --- | --- |

(5)

On 20 May 2021, following an expiry review, pursuant to Commission Implementing Regulation (EU) 2021/823 (6), the Commission decided to maintain the level of the countervailing duties as established in the original investigation and as amended by Implementing Regulation (EU) 2020/658.

6

| (6) | It found that the expiry of the measures in force would have resulted in the continuation of subsidisation, as the subsidised exports of the product concerned to the Union would have continued in substantial volumes. In addition, given the massive spare capacity in Turkey, the attractiveness of the Union market, the price levels of imports from Turkey and their likely impact on the Union industry, there was a likelihood of continuation of injury should measures have been allowed to lapse. |
| --- | --- |

(6)

It found that the expiry of the measures in force would have resulted in the continuation of subsidisation, as the subsidised exports of the product concerned to the Union would have continued in substantial volumes. In addition, given the massive spare capacity in Turkey, the attractiveness of the Union market, the price levels of imports from Turkey and their likely impact on the Union industry, there was a likelihood of continuation of injury should measures have been allowed to lapse.

| (7) | To conclude, it was established that there were no compelling reasons of Union interest against the maintenance of the existing measures. |
| --- | --- |

(7)

To conclude, it was established that there were no compelling reasons of Union interest against the maintenance of the existing measures.

| (8) | The definitive countervailing duties currently in force range from 1,5 % to 9,5 %. |
| --- | --- |

(8)

The definitive countervailing duties currently in force range from 1,5 % to 9,5 %.

1.2.   Initiation of a partial interim review

Initiation of a partial interim review

| (9) | On 29 May 2020 the Commission received a request for a partial interim review of the countervailing duty in force pursuant to Article 19 of Regulation (EU) 2016/1037 (‘the basic Regulation’) lodged by the exporting producer Selina Balik Isleme Tesis Ithalat Ihracat ve Ticaret Anonim Sirketi (‘the applicant’).The request for a partial interim review was limited in scope to the examination of subsidisation as far as the applicant was concerned. |
| --- | --- |

(9)

On 29 May 2020 the Commission received a request for a partial interim review of the countervailing duty in force pursuant to Article 19 of Regulation (EU) 2016/1037 (‘the basic Regulation’) lodged by the exporting producer Selina Balik Isleme Tesis Ithalat Ihracat ve Ticaret Anonim Sirketi (‘the applicant’).The request for a partial interim review was limited in scope to the examination of subsidisation as far as the applicant was concerned.

| (10) | On 5 February 2021, the European Commission initiated an interim review of the countervailing measures applicable to imports into the Union of certain rainbow trout originating in the Republic of Turkey (the ‘country concerned’) pursuant to Article 19 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (the ‘Notice of Initiation’) (7). |
| --- | --- |

(10)

On 5 February 2021, the European Commission initiated an interim review of the countervailing measures applicable to imports into the Union of certain rainbow trout originating in the Republic of Turkey (the ‘country concerned’) pursuant to Article 19 of the basic Regulation. It published a Notice of Initiation in the Official Journal of the European Union (the ‘Notice of Initiation’) (7).

Official Journal of the European Union

7

| (11) | The applicant argued that the circumstances justifying the existing countervailing measures appear to have changed and to be of a lasting nature in so far the applicant was concerned. |
| --- | --- |

(11)

The applicant argued that the circumstances justifying the existing countervailing measures appear to have changed and to be of a lasting nature in so far the applicant was concerned.

1.3.   Review investigation period and period considered

Review investigation period and period considered

| (12) | The review concerning subsidisation of the applicant covered the period from 1 January 2020 to 31 December 2020. |
| --- | --- |

(12)

The review concerning subsidisation of the applicant covered the period from 1 January 2020 to 31 December 2020.

1.4.   Interested parties

Interested parties

| (13) | In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the review. In addition, the Commission specifically informed the applicant, the known Union producers and associations, as well as the Government of the country concerned about the initiation of the review and invited them to participate. |
| --- | --- |

(13)

In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the review. In addition, the Commission specifically informed the applicant, the known Union producers and associations, as well as the Government of the country concerned about the initiation of the review and invited them to participate.

| (14) | Interested parties had an opportunity to comment on the initiation of the review and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings. |
| --- | --- |

(14)

Interested parties had an opportunity to comment on the initiation of the review and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.

1.4.1.   Questionnaire replies and verification visits

Questionnaire replies and verification visits

| (15) | The Commission sent questionnaires to the applicant and to the authorities of the country concerned. |
| --- | --- |

(15)

The Commission sent questionnaires to the applicant and to the authorities of the country concerned.

| (16) | The Commission received questionnaire replies from both the applicant and the authorities of the country concerned. |
| --- | --- |

(16)

The Commission received questionnaire replies from both the applicant and the authorities of the country concerned.

2.   PRODUCT CONCERNED AND LIKE PRODUCT

PRODUCT CONCERNED AND LIKE PRODUCT

2.1.   Product under review

Product under review

| (17) | The product subject to this review is rainbow trout (Oncorhynchus mykiss)






  — | live weighing 1,2 kg or less each, or |
| --- | --- | --- |

(17)

The product subject to this review is rainbow trout (Oncorhynchus mykiss)

—

live weighing 1,2 kg or less each, or

| — | fresh, chilled, frozen and/or smoked:






  — | in the form of whole fish (with heads on), whether or not gilled, whether or not gutted, weighing 1,2 kg or less each, or |
| --- | --- | --- |

—

fresh, chilled, frozen and/or smoked:

—

in the form of whole fish (with heads on), whether or not gilled, whether or not gutted, weighing 1,2 kg or less each, or

| — | with heads off, whether or not gilled, whether or not gutted, weighing 1 kg or less each, or |
| --- | --- |

—

with heads off, whether or not gilled, whether or not gutted, weighing 1 kg or less each, or

| — | in the form of fillets weighing 400 g or less each, |
| --- | --- |

—

in the form of fillets weighing 400 g or less each,

originating in the Republic of Turkey and currently falling under CN codes ex 0301 91 90, ex 0302 11 80, ex 0303 14 90, ex 0304 42 90, ex 0304 82 90 and ex 0305 43 00 (TARIC codes 0301919011, 0302118011, 0303149011, 0304429010, 0304829010 and 0305430011) (‘product under review’).

| (18) | As in the original investigation, the Commission found that the product produced in Turkey and exported into the Union and the product produced and sold in the Union by the Union industry have the same basic physical, technical and chemical characteristics and the same basic end-uses. They were therefore considered to be like products within the meaning of Article 2(c) of the basic Regulation. |
| --- | --- |

(18)

As in the original investigation, the Commission found that the product produced in Turkey and exported into the Union and the product produced and sold in the Union by the Union industry have the same basic physical, technical and chemical characteristics and the same basic end-uses. They were therefore considered to be like products within the meaning of Article 2(c) of the basic Regulation.

3.   WITHDRAWAL OF THE REQUEST

WITHDRAWAL OF THE REQUEST

| (19) | In its letter to the Commission of 30 November 2021 the applicant withdrew its request for an interim review. |
| --- | --- |

(19)

In its letter to the Commission of 30 November 2021 the applicant withdrew its request for an interim review.

| (20) | In accordance with Article 14(1) of the basic Regulation, the proceeding may be terminated, unless such termination would not be in the Union interest. |
| --- | --- |

(20)

In accordance with Article 14(1) of the basic Regulation, the proceeding may be terminated, unless such termination would not be in the Union interest.

| (21) | The investigation had not brought to light any considerations demonstrating that such termination would not be in the Union interest. |
| --- | --- |

(21)

The investigation had not brought to light any considerations demonstrating that such termination would not be in the Union interest.

| (22) | Moreover, on 20 September 2021, the European Commission initiated a countrywide interim review of the countervailing measures applicable to imports into the Union of certain rainbow trout originating in the Republic of Turkey (8). Therefore, the anti-subsidy measures currently in force will be reviewed for all exporting producers within this framework. |
| --- | --- |

(22)

Moreover, on 20 September 2021, the European Commission initiated a countrywide interim review of the countervailing measures applicable to imports into the Union of certain rainbow trout originating in the Republic of Turkey (8). Therefore, the anti-subsidy measures currently in force will be reviewed for all exporting producers within this framework.

8

4.   CONCLUSION AND DISCLOSURE

CONCLUSION AND DISCLOSURE

| (23) | The Commission therefore considered that the partial interim review proceeding should be terminated without a formal determination concerning any significant lasting changes and the applicant’s subsidisation practices. |
| --- | --- |

(23)

The Commission therefore considered that the partial interim review proceeding should be terminated without a formal determination concerning any significant lasting changes and the applicant’s subsidisation practices.

| (24) | Interested parties were informed accordingly and were granted an opportunity to submit comments. |
| --- | --- |

(24)

Interested parties were informed accordingly and were granted an opportunity to submit comments.

| (25) | The Commission received no comments which would lead to the conclusion that such termination would not be in the Union interest. |
| --- | --- |

(25)

The Commission received no comments which would lead to the conclusion that such termination would not be in the Union interest.

| (26) | This Decision is in accordance with the opinion of the Committee established by Article 25(1) of the basic Regulation, |
| --- | --- |

(26)

This Decision is in accordance with the opinion of the Committee established by Article 25(1) of the basic Regulation,

HAS ADOPTED THIS DECISION:

Article 1

The partial interim review of the countervailing measures applicable to imports of certain rainbow trout originating in the Republic of Turkey in so far as the applicant is concerned and currently falling under CN codes ex 0301 91 90, ex 0302 11 80, ex 0303 14 90, ex 0304 42 90, ex 0304 82 90 and ex 0305 43 00 (TARIC codes 0301919011, 0302118011, 0303149011, 0304429010, 0304829010 and 0305430011) is hereby terminated.

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, 9 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 176, 30.6.2016, p. 55.

1

(2)  Commission Implementing Regulation (EU) 2015/309 of 26 February 2015 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain rainbow trout originating in Turkey (OJ L 56, 27.2.2015, p. 12).

2

(3)  Commission Implementing Regulation (EU) 2018/823 of 4 June 2018 terminating the partial interim review of the countervailing measures applicable to imports of certain rainbow trout originating in the Republic of Turkey (OJ L 139, 5.6.2018, p. 14).

3

(4)  Recital (49) of Commission Implementing Regulation (EU) 2018/823.

4

(5)  Commission Implementing Regulation (EU) 2020/658 of 15 May 2020 amending Implementing Regulation (EU) 2015/309 imposing a definitive countervailing duty and collecting definitively the provisional duty on imports of certain rainbow trout originating in Turkey following an interim review pursuant to Article 19(4) of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 155, 18.5.2020, p. 3).

5

(6)  Commission Implementing Regulation (EU) 2021/823 of 20 May 2021 imposing a definitive countervailing duty on imports of certain rainbow trout originating in Turkey following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ L 183, 25.5.2021, p. 5).

6

(7)  
  OJ C 40, 5.2.2021, p. 12.

7

(8)  
  OJ C 380, 20.9.2021, p. 15.

8

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Corrigenda

| 10.3.2022 | EN | Official Journal of the European Union | L 83/64 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/64

---

Corrigendum to Commission Regulation (EU) 2021/1297 of 4 August 2021 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council as regards perfluorocarboxylic acids containing 9 to 14 carbon atoms in the chain (C9-C14 PFCAs), their salts and C9-C14 PFCA-related substances

(
  Official Journal of the European Union L 282 of 5 August 2021
  )

On page 32, in the first paragraph of the Annex:

for:

‘In Annex XVII, entry 68 is replaced by the following:’,

read:

‘In Annex XVII, the following entry is added:’;

on page 33, in paragraph 10 of the table in the Annex:

for:

‘Until 25 August 2024, the concentration limit referred to in paragraph 2 shall be 2 000 ppb for the sum of C9-C14 PFCAs in fluoroplastics and fluoroelastomers that contain perfluoroalkoxy groups. From 25 August 2024, the concentration limit shall be 100 ppb for the sum of C9-C14 PFCAs, in fluoroplastics and fluoroelastomers that contain perfluoroalkoxy groups.’,

read:

‘Until 25 August 2024, the concentration limit referred to in paragraph 2 shall be 2 000 ppb for the sum of C9-C14 PFCAs in fluoroplastics and fluoroelastomers that contain perfluoroalkoxy groups. From 26 August 2024, the concentration limit shall be 100 ppb for the sum of C9-C14 PFCAs in fluoroplastics and fluoroelastomers that contain perfluoroalkoxy groups.’.

---

| 10.3.2022 | EN | Official Journal of the European Union | L 83/65 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/65

---

Corrigendum to Commission Implementing Regulation (EU) 2021/2077 of 26 November 2021 concerning the authorisation of L-valine produced by Corynebacterium glutamicum CGMCC 7.366 as a feed additive for all animal species

(
  Official Journal of the European Union L 426 of 29 November 2021
  )

On page 7, in the first column of the Annex:

for:

‘3c371i’,

read:

‘3c371ii’.

---

| 10.3.2022 | EN | Official Journal of the European Union | L 83/66 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/66

---

Corrigendum to Regulation (EU) 2019/1009 of the European Parliament and of the Council of 5 June 2019 laying down rules on the making available on the market of EU fertilising products and amending Regulations (EC) No 1069/2009 and (EC) No 1107/2009 and repealing Regulation (EC) No 2003/2003

(
  Official Journal of the European Union L 170 of 25 June 2019
  )

On page 50, Annex I, Part II, PFC 1(C)(II)(a): STRAIGHT INORGANIC MICRONUTRIENT FERTILISER, point 2, 6th row of the table:

for:

| ‘Micronutrient chelate fertiliser | A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with chelating agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II | — | 5 % by mass of a micronutrient chelate fertiliser shall consist of a water-soluble micronutrient, and |
| --- | --- | --- | --- |

‘Micronutrient chelate fertiliser

A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with chelating agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II

—

5 % by mass of a micronutrient chelate fertiliser shall consist of a water-soluble micronutrient, and

| — | at least 80 % of the water-soluble micronutrient shall be chelated by a chelating agent fulfilling the requirements of CMC 1 in Part II of Annex II’ |
| --- | --- |

—

at least 80 % of the water-soluble micronutrient shall be chelated by a chelating agent fulfilling the requirements of CMC 1 in Part II of Annex II’

read:

| ‘Micronutrient chelated fertiliser | A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with chelating agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II | — | 5 % by mass of a micronutrient chelated fertiliser shall consist of a water-soluble micronutrient, and |
| --- | --- | --- | --- |

‘Micronutrient chelated fertiliser

A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with chelating agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II

—

5 % by mass of a micronutrient chelated fertiliser shall consist of a water-soluble micronutrient, and

| — | at least 80 % of the water-soluble micronutrient shall be chelated by a chelating agent fulfilling the requirements of CMC 1 in Part II of Annex II’ |
| --- | --- |

—

at least 80 % of the water-soluble micronutrient shall be chelated by a chelating agent fulfilling the requirements of CMC 1 in Part II of Annex II’

on page 50, Annex I, Part II, PFC 1(C)(II)(a): STRAIGHT INORGANIC MICRONUTRIENT FERTILISER, point 2, last row of the table:

for:

| ‘Micronutrient complex fertiliser | A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with complexing agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II | — | 5 % by mass of a micronutrient complex fertiliser shall consist of a water-soluble micronutrient, and |
| --- | --- | --- | --- |

‘Micronutrient complex fertiliser

A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with complexing agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II

—

5 % by mass of a micronutrient complex fertiliser shall consist of a water-soluble micronutrient, and

| — | at least 80 % of the water-soluble micronutrient shall be complexed by a complexing agent fulfilling the requirements of CMC 1 in Part II of Annex II’ |
| --- | --- |

—

at least 80 % of the water-soluble micronutrient shall be complexed by a complexing agent fulfilling the requirements of CMC 1 in Part II of Annex II’

read:

| ‘Micronutrient complexed fertiliser | A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with complexing agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II | — | 5 % by mass of a micronutrient complexed fertiliser shall consist of a water-soluble micronutrient, and |
| --- | --- | --- | --- |

‘Micronutrient complexed fertiliser

A water-soluble straight inorganic micronutrient fertiliser in which the declared micronutrient is chemically combined with complexing agent(s) fulfilling the requirements of CMC 1 in Part II of Annex II

—

5 % by mass of a micronutrient complexed fertiliser shall consist of a water-soluble micronutrient, and

| — | at least 80 % of the water-soluble micronutrient shall be complexed by a complexing agent fulfilling the requirements of CMC 1 in Part II of Annex II’ |
| --- | --- |

—

at least 80 % of the water-soluble micronutrient shall be complexed by a complexing agent fulfilling the requirements of CMC 1 in Part II of Annex II’

---

| 10.3.2022 | EN | Official Journal of the European Union | L 83/67 |
| --- | --- | --- | --- |

10.3.2022

EN

Official Journal of the European Union

L 83/67

---

Corrigendum to Commission Decision (EU) 2022/220 of 15 February 2022 on the position to be taken by the European Union in the Joint Committee established under the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, on the adoption of a Working Arrangement regarding the cooperation in the area of accident and incident reporting in civil aviation, and appointing a chairperson of the European Union in the Joint Committee

(
  Official Journal of the European Union L 37 of 18 February 2022
  )

On page 56, on top of the page:

for:

‘ATACHMENT TO THE DECISION OF THE EU/ICAO JOINT COMMITTEE of XX 202X’,

read:

‘ATTACHMENT TO THE DECISION OF THE EU/ICAO JOINT COMMITTEE of XX 202X’.

---