HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 169/50
EN
Official Journal of the European Union
29.6.2012
COMMISSION REGULATION (EU) No 572/2012
of 28 June 2012
making imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in
the People's Republic of China subject to registration
THE EUROPEAN COMMISSION,
(3) The
ECJ
judgment
was
based
on
the
ground
that
the
Commission had not taken all due care to determine
the normal value on the basis of the price or constructed
Having regard to the Treaty on the Functioning of the European
value in a market economy third country as prescribed
Union,
by Article 2(7)(a) of the basic Regulation.
Having regard to the judgment of the European Court of Justice
('ECJ') of 22 March 2012 in Case C-338/10,
(4) As
a
consequence
of
that
judgment,
imports
into
the
European Union of certain prepared or preserved citrus
fruits (namely mandarins, etc.) are no longer subject to
Having regard to Council Regulation (EC) No 1225/2009 of
the anti-dumping measures imposed by Regulation (EC)
30 November 2009 on protection against dumped imports
No 1355/2008.
from countries not members of the European Community ( 1 )
(‘the basic Regulation’), and in particular Articles 10(4) and
14(5) thereof,
(5)
Following the ECJ judgment, the Commission has thus
decided to reopen the anti-dumping investigation
concerning imports of certain prepared or preserved
After consulting the Advisory Committee,
citrus fruits (namely mandarins, etc.) originating in the
People's Republic of China initiated pursuant to the basic
Regulation. The reopening is limited in scope to the
Whereas:
implementation of the finding of the ECJ as recalled
above. ( 3 )
The European Commission ('the Commission') has received a
request, pursuant to Article 14(5) of the basic Regulation, to
make imports of certain prepared or preserved citrus fruits
C. REQUEST
(namely mandarins, etc.) originating in the People’s Republic
of China subject to registration.
(6) Following
the
ECJ
judgement,
the
Spanish
National
Federation of Associations of Processed Fruit and
Vegetables ('FENAVAL', previously named 'FNACV')
A. PRODUCT CONCERNED
('the applicant') requested that imports of the product
concerned are made subject to registration pursuant to
(1) The
product
concerned
by
this
registration
is
prepared
or
Article 14(5) of the basic Regulation so that measures
preserved mandarins (including tangerines and satsumas),
may subsequently be applied against those imports from
clementines, wilkings and other similar citrus hybrids,
the date of such registration.
not containing added spirit, whether or not containing
added sugar or other sweetening matter, and as defined
under CN heading 2008, currently falling within CN
codes 2008 30 55, 2008 30 75 and ex 2008 30 90
D. GROUNDS FOR THE REGISTRATION
(TARIC
codes
2008 30 90 61,
2008 30 90 63,
2008 30 90 65, 2008 30 90 67, 2008 30 90 69) orig
(7) The
applicant
submitted
that
the
declaration
of
invalidity
inating in the People's Republic of China.
by the ECJ of the anti-dumping measures concerned
more than one and a half year before their envisaged
expiry, for reasons other than the absence of dumping
B. THE COURT JUDGEMENT
and subsequent injury, heavily jeopardizes its viability. In
this respect it pointed in particular at the immediate risk
(2) On
22
March
2012,
in
Case
C-338/10,
the
European
of significant stockpiling of imports concerned, as had
Court of Justice ('ECJ') declared Council Regulation (EC)
already been seen in the past. It therefore requested the
No 1355/2008 of 18 December 2008 imposing a
registration of such imports.
definitive anti-dumping duty and collecting definitively
the provisional duty on imports of certain prepared or
preserved citrus fruits (namely mandarins, etc.) orig
inating in the People's Republic of China ( 2 ) ('definitive
(8) According
to
Article
14(5)
of
the
basic
Regulation,
the
anti-dumping Regulation' or 'the contested Regulation')
Commission may, after consultation of the Advisory
invalid.
Committee, direct the customs authorities to take the
appropriate steps to register imports, so that measures
( 1 ) OJ L 343, 22.12.2009, p. 51.
( 2 ) OJ L 350, 30.12.2008, p. 35.
( 3 ) OJ C 175, 19.6.2012, p. 19.

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EN
29.6.2012 Official
Journal
of
the
European
Union L
169/51
may subsequently be applied against those imports from
(14) All
interested
parties
are
invited
to
make
their
views
the date of such registration. Imports may be made
known in writing and to provide supporting evidence.
subject to registration following a request from the
Furthermore, the Commission may hear interested
Union industry which contains sufficient evidence to
parties, provided that they make a request in writing
justify such action.
and show that there are particular reasons why they
should be heard.
(9) The
request
contains
sufficient
evidence
to
justify
regis
F. REGISTRATION
tration. It should be recalled that the the product is
(15) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
seasonal and fungible, that it is normally canned and
of the product concerned should be made subject to
that it can easily be stored for extended periods and
registration in order to ensure that, should the
easily transported. All this makes it possible to rapidly
reopened investigation result in findings leading to the
build-up inventories.
re-imposition of anti-dumping duties, those duties can, if
the necessary conditions are fulfilled, be levied retro
actively in accordance with applicable legal provisions.
Any future liability would emanate from the findings
of the reopened anti-dumping investigation.
(10) In
Commission
Regulation
(EC)
No
642/2008,
which
imposed provisional anti-dumping duties on imports of
the product concerned, it was already described that,
prior to the imposition of provisional anti-dumping
G. PROCESSING OF PERSONAL DATA
measures, imports of the product concerned had also
increased very sharply within a relatively short period ( 1 ).
(16) Any
personal
data
collected
in
this
investigation
will
be
The applicant's fear that a surge of imports is to reoccur
treated in accordance with Regulation (EC) No 45/2001
now that the measures have been found to be invalid is
of the European Parliament and of the Council of
therefore considered justified. It is corroborated by stat
18 December 2000 on the protection of individuals
istical data from Member States which already reported a
with regard to the processing of personal data by the
very sharp increase in imports in March 2012, to levels
Community institutions and bodies and on the free
twice as high as in March 2011 and 3-4 times higher
movement of such data ( 2 ),
than in any other preceding month in 2011 and 2012.
HAS ADOPTED THIS REGULATION:
(11) The
ECJ
judgement
is
limited
to
the
determination
of
the
normal value on the basis of the price or constructed
Article 1
value in a market economy third country. Therefore, the
existence of injury is not challenged. In its request, the
1. The
Customs
authorities
are
hereby
directed,
pursuant
to
applicant also pointed at the immediate risk of severe
Article 14(5) of Regulation (EC) No 1225/2009, to take the
injury to the EU industry as importers would still be
appropriate steps to register the imports into the European
able to switch from EU products to Chinese products,
Union of prepared or preserved mandarins (including tangerines
leaving EU industry with massive stocks in their ware
and satsumas), clementines, wilkings and other similar citrus
houses.
hybrids, not containing added spirit, whether or not containing
added sugar or other sweetening matter, and as defined
under CN heading 2008, currently falling within CN
codes 2008 30 55, 2008 30 75 and ex 2008 30 90 (TARIC
codes 2008 30 90 61, 2008 30 90 63, 2008 30 90 65,
(12) In view of the above it is considered that the remedial
2008 30 90 67, 2008 30 90 69) originating in the People's
effect of any definitive anti-dumping duties is likely to be
Republic of China. Registration shall expire nine months
seriously undermined, unless such duties would be
following the date of entry into force of this Regulation.
applied retroactively. Accordingly, the conditions for
registration in this case are met.
2. All
interested
parties
are
invited
to
make
their
views
known in writing, to provide supporting evidence or to
request to be heard within 20 days from the date of publication
E.
of this Regulation.
PROCEDURE
(13) In view of the above, the Commission has concluded that
the applicant's request contains sufficient evidence to
Article 2
make imports of the product concerned subject to regis
tration, in accordance with Article 14(5) of the basic
This Regulation shall enter into force on the day following its
Regulation.
publication in the Official Journal of the European Union.
( 1 ) OJ L 178, 5.7.2008, p. 35 (recital 131).
( 2 ) OJ L 8, 12.1.2001, p. 1.

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L 169/52
EN
Official Journal of the European Union
29.6.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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