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.)
Date: 2003-07-11
Institutions: European Commission
Subjects: China, citrus fruit, economic survey, exchange of information, import, import policy, market protection, originating product

C 162/2

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Official Journal of the European Union

11.7.2003

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 auth-
orities 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).

request

The
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 REGU-

LATIONS (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
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.

safeguard measures, and has provided the

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
in particular, that imports have increased
consumption, and,
from around 16 000 tonnes in 1998/99 to around 20 000
tons in 2000/01, and 45 000 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.

(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.

is alleged that

the volumes of

It
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
the
sold and the level of prices charged by the
quantities
Community industry (4), resulting in material
injury to the
Community industry.

share held,

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 Regu-
lation (EC) No 427/2003. The Commission has also notified
the Government of China of its intention to initiate an inves-
tigation 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.

(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.

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Official Journal of the European Union

C 162/3

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.

selves 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
in
the exercise of most procedural rights set out
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
interested parties may also apply
(EC) No 427/2003, all
to be heard by the Commission within 21 days of the
publication of
this notice in the Official
the
European Union.

Journal of

6. Written submissions, questionnaire replies and corre-

4.2. Procedure for the assessment of Community interest

spondence

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
importers,
the Community producers,
Community interest,
and
their
representative users
associations,
representative
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
should be noted that any information
submitted will only be taken into account if supported by
actual evidence at the time of submission.

this notice.

It

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.

relevant

information is

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

telephone and fax, and/or

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.

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 them-

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.

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II. SAFEGUARD INVESTIGATION UNDER COUNCIL REGU-

4.1. Scope of the investigation

LATIONS (EC) NOS 3285/94, 519/94 AND 2201/96

1. Request

In its request, Spain has informed the Commission that trends
fruits
in imports of certain prepared or preserved citrus
safeguard
(namely mandarins,
measures,
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.

appear
etc.)
and has provided the

to call
evidence

available,

for

2. Product concerned

The product in question is prepared or preserved mandarins
(including tangerines and satsumas), clementines, wilkings and
similar citrus hybrids, not containing added spirit,
other
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 16 000 tonnes in 1998/99 to around 20 000
tons in 2000/01, and 45 000 tons in 2001/02.

is alleged that

the volumes of

It
the imported product
concerned have, among other consequences, had a negative
impact on the prices of like or directly competitive products
the
in the Community, and on the market
quantities
sold and the level of prices charged by the
Community producers (1), resulting in serious injury to the
Community producers.

share held,

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 estab-
lished under Article 4 of Regulations (EC) No 3285/94 and
519/94 respectively.
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 Regu-
lation (EC) No 3285/94 and Article 5 of Regulation (EC) No
519/94.

consultation,

Following

that

it

(1) ‘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.

the product

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)
the markets in
2201/96 on the common organisation of
processed fruit and vegetable products. Specifically, the inves-
tigation will determine whether, as a result of unforeseen devel-
opments,
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
in the product concerned must be affected by or
market
threatened with, serious disturbance likely to jeopardise the
achievement of the objectives set out in Article 33 of the
Treaty.

concerned is

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 investi-
gation and that
reasons why they
there are particular
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,
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.

including the interests of

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C 162/5

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
importers,
the Community producers,
Community interest,
and
representative users
associations,
representative
their
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
should be noted that any information
submitted will only be taken into account if supported by
actual evidence at the time of submission.

this notice.

It

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.

parties must be made in writing (not in electronic format,
indicate the name,
unless otherwise specified), and must
address, e-mail address,
telex
numbers of the interested party.

telephone and fax, and/or

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.

b) For parties to make themselves known, to submit questionnaire

replies and any other information

8. Schedule of the investigation

All interested parties, if their representations are to be taken
into account during the investigation, must make them-
selves 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
in
the exercise of most procedural rights set out
Council Regulation (EC) No 3285/94, and Council Regu-
lation (EC) No 519/94 depends on parties making them-
selves 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 corre-

spondence

relevant

All
to be communicated to the
Commission. All submissions and requests made by interested

information is

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
the
European Union.

this notice in the Official

Journal of

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 REGU-
LATION (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,
information to the
the
they may submit
Commission for each investigation.

same