2003/855/EC: Commission Decision of 9 December 2003 terminating the transitional product-specific safeguard proceeding concerning imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China
Date: 2003-12-09
Institutions: European Commission
Subjects: China, citrus fruit, fruit product, import, originating product, preserved product, protective clause

10.12.2003

EN

Official Journal of the European Union

L 323/11

COMMISSION DECISION

of 9 December 2003

terminating the transitional product-specific safeguard proceeding concerning imports of certain
prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of
China

(2003/855/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 427/2003 of 3
specific safeguard
March 2003 on a transitional product
mechanism for imports originating in the People's Republic of
China and amending Regulation (EC) No 519/94 on common
rules for imports from certain third countries (1), and in par-
ticular Article 8 thereof,

After consultations within the Advisory Committee established
under Article 15 of Regulation (EC) No 427/2003,

Whereas:

(1)

(2)

(3)

etc.)

(hereafter

On 20 June 2003, the Spanish Government informed
the Commission that prepared or preserved citrus fruits
(namely mandarins,
referred to as
‘mandarins’) originating in the People's Republic of
China (PRC) were being imported into the Community
in such increased quantities as to cause or threaten to
cause market disruption to the Community industry,
submitted information containing the evidence available
as determined on the basis of the criteria laid down in
Articles 1 and 2 of that regulation, and informed the
Commission that trends in imports appeared to call for
safeguard measures provided for by Regulations (EC) No
519/94 (2) and (EC) No 3285/94 (3).

Spain provided evidence that imports into the EC of the
product concerned, originating in China, were increasing
rapidly both in absolute terms, and relative to Com-
munity production and consumption, and, in particular,
that imports had increased rapidly in recent years.

Spain alleged that the increase in the volume of imports
the product concerned had, among other conse-
of
quences, had a negative impact on the prices of like or
directly competitive products in the Community, and on
the market share held and the quantities sold by the
Community industry, resulting in damage to the Com-
munity industry.

(4)

(5)

(6)

(7)

(8)

Spain further advised that, based on the information
submitted by the Community industry, any delay in the
adoption of safeguard measures by the European Com-
munity would cause damage which it would be difficult
to repair, and urged their adoption as a matter of
urgency.

Spain also requested that the Commission initiate a safe-
guard investigation and take provisional
safeguard
measures under Council Regulations (EC) No 519/94
and (EC) No 3285/94.

The Commission informed all Member States of
the
situation and consulted with them on the terms and
conditions of imports, import trends and the evidence as
to material
thereof, and the various
aspects of the economic and commercial situation with
regard to the Community product in question.

injury or threat

On 11 July 2003, the Commission initiated an investiga-
tion relating to serious injury or threat thereof to the
Community producers of the product like or directly
competing with the imported product. That investigation
was based on Regulation (EC) No 427/2003 (the ‘TPSSM
investigation’) and also on Council Regulations (EC) No
519/94 and (EC) No 3285/94 (the general erga omnes
safeguard investigation).

On 8 November 2003, the Commission published Regu-
lation (EC) No 1964/2003 (4) imposing provisional safe-
guard measures against imports of certain prepared or
preserved citrus fruits (namely mandarins, etc.) on the
basis of its preliminary findings in the general erga omnes
safeguard investigation. The general erga omnes safeguard
investigation is continuing with a view to establishing
whether or not definitive safeguard measures are justi-
fied, and, if so, the form and content of such measures.
As the provisional measures imposed in the context of
the general
erga omnes safeguard investigation were
considered sufficient to protect the Community industry,
no provisional measures were imposed on the basis of
the TPSSM investigation.

(1) OJ L 65, 8.3.2003, p. 1.
(2) OJ L 67, 10.3.1994, p. 89, as last amended by Council Regulation

(EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1).

(3) OJ L 349, 31.12.1994, p. 53, as last amended by Regulation (EC)

No 2474/2000 (OJ L 286, 11.11.2000, p. 1).

(9)

The Commission considers it is not in the Community
interest to continue with two proceedings which are
different in their conditions and their possible outcome.

(4) OJ L 290, 8.11.2003, p. 3.

L 323/12

EN

Official Journal of the European Union

10.12.2003

(10)

Therefore, continuing the investigation with a view to taking a safeguard measure under Council
Regulation (EC) No 427/2003 is not appropriate and therefore not necessary. No objection having
been raised within the Advisory Committee, the Commission considers that the TPSSM investigation
should be terminated without measures,

HAS ADOPTED THIS DECISION:

Sole Article

The safeguard investigation under Regulation (EC) No 427/2003 initiated by the Commission on 11 July
2003 is hereby terminated.

Done at Brussels, 9 December 2003.

For the Commission

Pascal LAMY

Member of the Commission