Notice of initiation of (I) a safeguard investigation under Council Regulations (EC) Nos 427/2003 and 2201/96 concerning imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China and (II) a safeguard investigation under Council Regulations (EC) Nos 3285/94, 519/94 and 2201/96 concerning imports of certain prepared or preserved citrus fruits (namely mandarins, etc.)

(2003/C 162/02)

The Commission has received a request from the Spanish authorities for the initiation of a safeguard investigation based both on Article 5 of Council Regulation (EC) No 427/2003(1) and Article 2 of Council Regulations (EC) Nos 3285/94(2) and 519/94(3).

The request concerns prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, containing added sugar, ("the product concerned").

The Commission has analysed whether the conditions for opening investigations under both Council Regulation (EC) No 427/2003 and Council Regulations (EC) Nos 3285/94 and 519/94 are fulfilled.

I. SAFEGUARD INVESTIGATION UNDER COUNCIL REGULATIONS (EC) NOS 427/2003 AND 2201/96

1. Request

In its request, Spain has informed the Commission that trends in imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in China appear to call for safeguard measures, and has provided the evidence available, as determined on the basis of the criteria laid down in Articles 1 and 2 of the Council Regulation (EC) No 427/2003.

2. Product concerned

The product in question is prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, containing added sugar, ("the product concerned").

The product concerned is currently classified within CN codes 2008 30 55 and 2008 30 75. These CN codes are given for information only.

3. Increase in imports and injury

Spain has provided evidence that imports into the Community of the product concerned are increasing rapidly both in absolute terms, and relative to Community production and consumption, and, in particular, that imports have increased from around 16000 tonnes in 1998/99 to around 20000 tons in 2000/01, and 45000 tons in 2001/02. Spain has also provided evidence that most of the increase in imports is attributable to imports of the product concerned originating in the People's Republic of China.

It is alleged that the volumes of the imported product concerned have, among other consequences, had a negative impact on the prices of like or directly competitive products in the Community, and on the market share held, the quantities sold and the level of prices charged by the Community industry(4), resulting in material injury to the Community industry.

4. Procedure under Regulations (EC) Nos 427/2003 and 2201/96

Pursuant to Article 5 of Regulation (EC) No 427/2003, the Commission has consulted the Advisory Committee established under Article 15 of Regulation (EC) No 427/2003. Following that consultation, there appears to be sufficient evidence to justify the initiation of an investigation, and the Commission hereby initiates an investigation pursuant to Article 5 of Regulation (EC) No 427/2003. The Commission has also notified the Government of China of its intention to initiate an investigation in accordance with Article 5(3) of Council Regulation (EC) No 427/2003.

4.1. Scope of the investigation

The investigation will determine whether safeguard measures are justified under Council Regulation (EC) No 427/2003 read in conjunction with Council Regulation (EC) 2201/96(5) on the common organisation of the markets in processed fruit and vegetable products. Specifically, the investigation will determine whether the products concerned of Chinese origin are being imported into the Community in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the Community industry, taking account of additional requirements, if any, imposed by Article 22(1) of Council Regulation (EC) 2201/96, whereby the Community market in the product concerned must be affected by or threatened with serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty.

a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known producers of the like or directly competitive products in the Community and to any association of such producers in the Community; to the known exporters/producers and importers of the product concerned; to any known association of exporters/producers and importers of the product concerned and to the Government of China.

In any event, all parties should contact the Commission forthwith by fax, but not later than the time limit set out in paragraph 5(a) of this notice, and, if necessary, request a questionnaire.

b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 5(b) of this notice.

Furthermore, the Commission will hear interested parties, provided that they make a request for a hearing showing that they are actually likely to be affected by the result of the investigation and that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 5(c) of this notice.

4.2. Procedure for the assessment of Community interest

In the event that it is determined that the product concerned is imported into the Community in such increased quantities and/or on such conditions as to cause or threaten to cause market disruption to the Community industry as to justify the taking of safeguard measures, a decision as to whether the Community interest calls for intervention shall be made based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers, also taking account of additional factors, if any, set out in Article 22(1) of Council Regulation (EC) No 2201/96.

In order to provide a sound basis on which the Commission can take account of all views and information in the decision as to whether or not the imposition of measures is in the Community interest, the Community producers, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the time limits set in paragraph 5(c) of this notice, make themselves known and provide the Commission with information. Those parties who have made themselves known within the time limit may also request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 5(c) of this notice. It should be noted that any information submitted will only be taken into account if supported by actual evidence at the time of submission.

5. Time limits

a) Questionnaires

Interested parties willing to receive a questionnaire should request it as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, presenting their views and submitting questionnaire replies or any other information within 21 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in Council Regulation (EC) No 427/2003 depends on parties making themselves known within the aforementioned period.

c) Hearings

Pursuant to Articles 5(5) and 6(4) of Council Regulation (EC) No 427/2003, all interested parties may also apply to be heard by the Commission within 21 days of the publication of this notice in the Official Journal of the European Union.

6. Written submissions, questionnaire replies and correspondence

All relevant information is to be communicated to the Commission. All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

The Commission address for correspondence is: European Commission Directorate General for Trade

Directorate B

J-79 - 5/16 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

7. Non-cooperation

When information is not supplied within the time limits or the investigation is significantly impeded, findings, affirmative or negative, may be made on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

8. Schedule of the investigation

In accordance with and Article 6 of Council Regulation (EC) No 427/2003, the investigation shall, if possible, be concluded within 9 months of the date of the publication of this notice in the Official Journal of the European Union.

In exceptional circumstances the investigation may be extended by a further maximum period of 2 months. If the time limit is extended, the Commission will publish a notice in the Official Journal of the European Union setting forth the duration of the extension and a summary of the reasons therefor.

II. SAFEGUARD INVESTIGATION UNDER COUNCIL REGULATIONS (EC) NOS 3285/94, 519/94 AND 2201/96

1. Request

In its request, Spain has informed the Commission that trends in imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) appear to call for safeguard measures, and has provided the evidence available, as determined on the basis of the criteria laid down in Article 10 of Regulation (EC) No 3285/94 and Article 8 of Regulation (EC) no 519/94.

2. Product concerned

The product in question is prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, containing added sugar, ("the product concerned").

The product concerned is currently classified within CN codes 2008 30 55 and 2008 30 75. These CN codes are given for information only.

3. Increase in imports and injury

Spain has provided evidence that imports into the Community of the product concerned are increasing rapidly both in absolute terms, and relative to Community production and consumption, and, in particular, that imports have increased from around 16000 tonnes in 1998/99 to around 20000 tons in 2000/01, and 45000 tons in 2001/02.

It is alleged that the volumes of the imported product concerned have, among other consequences, had a negative impact on the prices of like or directly competitive products in the Community, and on the market share held, the quantities sold and the level of prices charged by the Community producers(6), resulting in serious injury to the Community producers.

4. Procedure

Following the provisions of Article 6 of Regulation (EC) No 3285/94 and Article 5 of Regulation (EC) No 519/94, the Commission has consulted the Advisory Committees established under Article 4 of Regulations (EC) No 3285/94 and 519/94 respectively. Following that consultation, it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation, and the Commission hereby initiates an investigation pursuant to Article 6 of Regulation (EC) No 3285/94 and Article 5 of Regulation (EC) No 519/94.

4.1. Scope of the investigation

The investigation will determine whether safeguard measures are justified under Council Regulations (EC) No 3285/94 and 519/94 read in conjunction with Council Regulation (EC) 2201/96 on the common organisation of the markets in processed fruit and vegetable products. Specifically, the investigation will determine whether, as a result of unforeseen developments, the product concerned is imported into the Community in such greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious injury to the Community producers, taking account of additional requirements, if any, imposed by Article 22 (1) of Council Regulation (EC) 2201/96, whereby the Community market in the product concerned must be affected by or threatened with, serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty.

a) Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the known producers of the like or directly competitive products in the Community and to any association of such producers in the Community; to the known exporters/producers and importers of the product concerned; to any known association of exporters/producers and importers of the product concerned.

In any event, all parties should contact the Commission forthwith by fax, but not later than the time limit set out in paragraph 5(a) of this notice, and, if necessary, request a questionnaire.

b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information and to provide supporting evidence. This information and supporting evidence has to reach the Commission within the time limit set in paragraph 5(b) of this notice.

Furthermore, the Commission will hear interested parties, provided that they make a request showing that they are actually likely to be affected by the result of the investigation and that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 5(c) of this notice.

4.2. Procedure for the assessment of Community interest

In the event that it is determined that the product concerned is imported into the Community in such greatly increased quantities and/or on such terms or conditions as to cause or threaten to cause serious injury to the Community producers as to justify the taking of safeguard measures, a decision as to whether the Community interest calls for intervention shall be made based on an appreciation of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers, also taking account of additional factors if any set out in Article 22(1) of Council Regulation (EC) 2201/96.

In order to provide a sound basis on which the Commission can take account of all views and information in the decision as to whether or not the imposition of measures is in the Community interest, the Community producers, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the time limits set in paragraph 5(c) of this notice, make themselves known and provide the Commission with information. Those parties who have made themselves known within the time limit may also request a hearing setting the particular reasons why they should be heard within the time limit set in paragraph 5(c) of this notice. It should be noted that any information submitted will only be taken into account if supported by actual evidence at the time of submission.

5. Time limits

a) Questionnaires

Interested parties willing to receive a questionnaire should request it as soon as possible, but not later than 10 days after the publication of this notice in the Official Journal of the European Union.

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

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, presenting their views and submitting questionnaire replies or any other information within 21 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in Council Regulation (EC) No 3285/94, and Council Regulation (EC) No 519/94 depends on parties making themselves known within the aforementioned period.

c) Hearings

Pursuant to Article 6(4) of Council Regulation (EC) No 3285/94 and Article 5(4) of Council Regulation (EC) No 519/94, all interested parties may also apply to be heard by the Commission within 21 days of the publication of this notice in the Official Journal of the European Union.

6. Written submissions, questionnaire replies and correspondence

All relevant information is to be communicated to the Commission. All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified), and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party.

The Commission address for correspondence is: European Commission Directorate General for Trade

Directorate B

J-79 - 5/16 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

7. Non-cooperation

When information is not supplied within the time limits or the investigation is significantly impeded, findings, affirmative or negative, may be made on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available.

8. Schedule of the investigation

In accordance with Article 7 of Regulation (EC) No 3285/94 and Article 6 of Regulation (EC) No 519/94 the investigation shall, if possible, be concluded within 9 months of the date of the publication of this notice in the Official Journal of the European Union.

In exceptional circumstances the investigation may be extended by a further maximum period of 2 months. If the time limit is extended, the Commission will publish a notice in the Official Journal of the European Union setting forth the duration of the extension and a summary of the reasons therefor.

III. PARALLEL INVESTIGATIONS UNDER COUNCIL REGULATION (EC) NO 427/2003 AND COUNCIL REGULATIONS (EC) NOS 3285/94, 519/94 AND 2201/96

The Commission intends to conduct the investigation under Council Regulation (EC) No 427/2003 and the investigation under Council Regulations (EC) Nos 3285/94 and 519/94 in parallel so as to avoid any unnecessary burden on interested parties. The files and information for each investigation will, however, be kept separate. Nevertheless, if interested parties so wish, they may submit the same information to the Commission for each investigation.

(1) OJ L 65, 8.3.2003, p. 1.

(2) OJ L 349, 31.12.1994, p. 53.

(3) OJ L 67, 10.3.1994, p. 67.

(4) The term "Community industry" is defined by Article 4 of Council Regulation (EC) No 427/2003.

(5) OJ L 297, 21.11.1996, p. 29.

(6) "Community producers" includes the "Community producers" as defined in Article 5(3)(c) of Council Regulation (EC) No 3285/94 and "Community producers of like or directly competing products" as referred to in Article 15(1) of Council Regulation (EC) No 519/94.