EN Official Journal of the European Union C 165/2

Notice of initiation of a safeguard investigation under Council Regulations (EC) No 3285/94 and (EC) No 519/94 concerning imports of frozen strawberries

(2005/C 165/02)

The Commission has received a request from the Polish authorities for the initiation of a safeguard investigation based on Article 2 of Council Regulations (EC) No 3285/94 (1) and (EC) No 519/94 (2).

The request concerns strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweeteners (‘the product concerned’).

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

1. Request

In its request, Poland has informed the Commission that trends in imports of frozen strawberries 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 strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweeteners (‘the product concerned’).

The product concerned is currently classified within CN codes 0811 10 11, 0811 10 19 and 0811 10 90. These CN codes are given for information only.

3. Increase in imports and injury

According to the complaint, the Community producers of the like or directly competitive product are mainly located in Poland with some production in other Community member states. The like or directly competitive products should for the purpose of this notice be understood as strawberries, uncooked or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweeteners

Poland 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 47 000 tonnes in 2001 to around, 63 000 tonnes in 2002 to 104 000 tons in 2003, and 93 000 tons in 2004.

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 (3), 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 (EC) No 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 (EC) No 519/94. 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.

(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.

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 Office: J-79 5/16 B-1049 Brussels Fax: (32-2) 295 65 05

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 therefore.

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

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

(3) ‘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.