Notice of initiation of a safeguard investigation under Council Regulations (EC) No 3285/94 and (EC) No 519/94 concerning imports of frozen strawberries
Date: 2005-07-06
Institutions: European Commission
Subjects: agricultural trade, common commercial policy, concentrated product, import policy, market protection, protective clause, single market, soft fruit

C 165/2

EN

Official Journal of the European Union

6.7.2005

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 autho-
rities 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
(EC)
No 3285/94 and (EC) No 519/94 are fulfilled.

under Council Regulations

investigations

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 deter-
mined 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

terms, and relative

Poland has provided evidence that imports into the Community
of the product concerned are increasing rapidly both in abso-
lute
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.

(1) OJ L 349, 31.12.1994, p. 53.
(2) 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 share held, the quantities
sold and the level of prices charged by the Community produ-
cers (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 estab-
lished 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 Regu-
lation (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.

(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.

6.7.2005

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Official Journal of the European Union

C 165/3

(b) Collection of information and holding of hearings

All interested parties are hereby invited to make their views
information and to provide supporting
known, submit
evidence. This information and supporting evidence has to
reach the Commission within the time limit set in para-
graph 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 investiga-
tion 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 quanti-
ties 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.

including the interests of

importers,

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 Com-
munity interest,
their
the Community producers,
representative associations, representative users and representa-
tive 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 Commis-
sion with information. Those parties who have made them-
selves 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 submis-
sion.

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

interested parties,

All
their representations are to be
taken into account during the investigation, must make
the Commission,
themselves

contacting

known

by

if

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 Euro-
pean 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 cor-

respondence

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
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 Euro-
pean 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.