HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 141/6
EN
Official Journal of the European Union
28.5.2013
COMMISSION REGULATION (EU) No 490/2013
of 27 May 2013
imposing a provisional anti-dumping duty on imports of biodiesel originating in Argentina and
Indonesia
THE EUROPEAN COMMISSION,
3. Parties concerned by the investigation
Having regard to the Treaty on the Functioning of the European
(6) The
Commission
officially
advised
the
complainant,
other
Union,
known Union producers, the known exporting producers
in Argentina and Indonesia, known importers, suppliers,
Having regard to Council Regulation (EC) No 1225/2009 of
distributors, users and associations known to be
30 November 2009 on protection against dumped imports
concerned, and the authorities of Argentina and
from countries not members of the European Community (
Indonesia of the initiation of the investigation. The

1 )
('the basic Regulation), and in particular Article 7 thereof,
notice of initiation invited all parties concerned by the
investigation to contact the Commission and make them
selves known.
After consulting the Advisory Committee,
Whereas:
(7) Interested
parties
were
given
an
opportunity
to
make
their views known in writing and to request a hearing
A. PROCEDURE
within the time limit set in the notice of initiation.
1. Initiation
(8) The
complainant,
exporting
producers
in
Argentina
and
(1) On
29
August
2012,
the
European
Commission
('the
Indonesia, importers and the authorities of Argentina and
Commission') announced, by a notice published in the
Indonesia made their views known. All interested parties,
Official Journal of the European Union ( 2 ) (‘notice of initi
who so requested and showed that there were particular
ation’), the initiation of an anti-dumping proceeding with
reasons why they should be heard were granted a
regard to imports into the Union of biodiesel originating
hearing.
in Argentina and Indonesia (‘the countries concerned’).
(2) The
investigation
was
initiated
following
a
complaint
3.1. Sampling
lodged on 17 July 2012 by the European Biodiesel
Board ('the complainant') on behalf of producers repre
(9)
In view of the large number of exporting producers in
senting more than 60% of the total Union production of
Argentina and Indonesia, unrelated importers in the
biodiesel. The complaint contained prima facie evidence
Union and Union producers involved in the investigation
of dumping of the said product and of material injury
and in order to complete the investigation within the
resulting therefrom, which was considered sufficient to
statutory time limits, the Commission announced in
justify the initiation of the investigation.
the notice of initiation that it might limit to a reasonable
number the exporting producers in Argentina and
Indonesia, the unrelated importers and Union producers
(3) On
30
January
2013,
the
Commission
made
imports
of
the same product originating in the countries concerned
that would be investigated by selecting a sample in
subject to registration under Commission Regulation (EU)
accordance with Article 17 of the basic Regulation (this
No 79/2013 of 28 January 2013 (
process is also referred to as ‘sampling’).

3 ).
(4) On
10
November
2012,
the
Commission
announced,
by
3.2. Sampling of exporting producers in Argentina
notice published in the Official Journal of the European
Union ( 4 ), the initiation of an anti-subsidy proceeding
(10) In
order
to
enable
the
Commission
to
decide
whether
with regard to imports into the Union of biodiesel orig
sampling would be necessary and, if so, to select a
inating in Argentina and Indonesia and commenced a
sample, all exporting producers in Argentina were
separate investigation.
requested to make themselves known to the Commission
and provide information specified in the notice of initi
2. Investigation period
ation.
(5) The
investigation
of
dumping
and
injury
covered
the
period from 1 July 2011 to 30 June 2012 (‘the investi
(11) Ten exporting producers or groups of exporting
gation period’ or ‘IP’). The examination of trends relevant
producers provided the requested information and
for the assessment of injury covered the period from
agreed to be included in the sample. However, two
1 January 2009 to the end of the IP (‘the period
companies reported no exports to the Union (or no
considered’).
production at all) during the IP.
( 1 ) OJ L 343, 22.12.2009, p. 51.
(12) The
remaining
eight
(groups
of)
exporting
producers
( 2 ) OJ C 260, 29.8.2012, p. 8.
( 3 ) OJ L 27, 29.1.2013, p. 10.
accounted for the entire volume exported to the Union
( 4 ) OJ C 342, 10.11.2012, p. 12.
during the IP.

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28.5.2013 Official
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European
Union L
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(13) In
accordance
with
Article
17(1)
of
the
basic
Regulation,
3.6. Sampling of unrelated importers
the Commission selected a sample of three exporting
producers or groups of exporting producers based on
(22) In
order
to
enable
the
Commission
to
decide
whether
the largest representative volume of exports of the
sampling would be necessary and, if so, to select a
product concerned to the Union, which could reasonably
sample, all unrelated importers were requested to make
be investigated within the time available. The selected
themselves known to the Commission and to provide
sample accounted for 86% of the total volume of
information specified in the notice of initiation.
exports to the Union of the product concerned in the
However no importers cooperated in this investigation.
IP as reported by the eight exporting producers referred
to above in recital (12).
3.7. Sampling of Union producers
(14) In
accordance
with
Article
17(2)
of
the
basic
Regulation,
(23) The
Commission
announced
in
the
notice
of
initiation
all known exporting producers, as well as the Argentine
that it had provisionally selected a sample of Union
producers' association and the Argentine authorities,
producers. This sample consisted of eight Union
were consulted on the selection of the sample and
producers that were known to the Commission prior
raised no objections.
to the initiation of the investigation to produce biodiesel.
The Commission selected the sample on the basis of
production volume, sales volume and geographical
3.3. Individual examination
location. The sampled Union producers accounted for
27% of Union production.
(15) No
Argentine
company
that
was
not
included
in
the
sample requested individual examination pursuant to
Article 17(3) of the basic Regulation.
(24) Interested
parties
were
also
invited
in
the
notice
of
initiation to make their views known on the provisional
3.4. Sampling of exporting producers in Indonesia
sample. Following publication of the proposed sample
two of the companies that were to be sampled
(16) In order to enable the Commission to decide whether
withdrew their cooperation and they were replaced by
sampling would be necessary and, if so, to select a
two other companies. The Union industry also
sample, all exporting producers in Indonesia were
commented that due to the large number of SME
requested to make themselves known to the Commission
producers of biodiesel at least one should be included
and provide information specified in the notice of initi
in the sample. This request was accepted.
ation.
(25) The
sample
is
considered
to
be
representative
of
the
(17) Eight exporting producers or groups of exporting
Union industry.
producers provided the requested information and
agreed to be included in the sample. However, three
companies reported no exports to the Union during
3.8. Questionnaire replies
the IP.
(26) Questionnaires
were
sent
to
the
three
sampled
exporting
producers or groups of producers in Argentina, to the
(18) The remaining five (groups of) exporting producers
four sampled exporting producers or groups of producers
accounted for the entire volume exported to the Union
in Indonesia, and to the eight sampled Union producers.
during the IP.
(19) In
accordance
with
Article
17(1)
of
the
basic
Regulation,
(27) Questionnaire replies were received from the seven
the Commission selected a sample of four exporting
sampled exporting producers or producer groups in
producers or groups of exporting producers based on
Argentina and Indonesia, eight sampled Union
the largest representative volume of exports of the
producers and three users.
product concerned to the Union, which could reasonably
be investigated within the time available. The selected
sample accounted for 99% of the total volume of
3.9. Verification visits
exports to the Union of the product concerned in the
(28) The
Commission
sought
and
verified
all
the
information
IP as reported by the five exporting producers referred to
deemed necessary for a provisional determination of
above in recital (18).
dumping, resulting injury and Union interest. Verification
visits were carried out at the premises of the following
(20) In
accordance
with
Article
17(2)
of
the
basic
Regulation,
companies:
all known exporting producers, as well as the Indonesian
authorities, were consulted and raised no objections.
(a) Producers located in the Union
3.5. Individual examination
— Bio-Oils Huelva S.L., Huelva, Spain
(21) No
Indonesian
company
that
was
not
included
in
the
sample requested individual examination pursuant to
Article 17(3) of the basic Regulation.
— Biocom Energia S.L., Valencia, Spain

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L 141/8
EN
Official Journal of the European Union
28.5.2013
— Diester Industrie S.A.S., Paris, France
(e) Traders outside the EU related to exporting
producers in Indonesia
— Elin Biofuels S.A., Kifissia, Greece
— First Resources Limited, Suntex Tower Three,
— Novaol S.R.L., Milan, Italy
Singapore ('FRL')
— Perstorp BioProducts A.B., Stenungsund, Sweden
— IM Biofuel Pte Ltd, Gateway West, Singapore
('IMBS')
— Preol A.S., Lovosice, Czech Republic
— Inter-continental Oils and Fats Pte Ltd, Gateway
— VERBIO Vereinigte BioEnergie A.G., Leipzig,
West, Singapore ('ICOF')
Germany
— Virgen Oils & Fats Pte Ltd, Marina Bay Financial
(b) Exporting producers in Argentina
Centre, Singapore ('VOF')
— Louis Dreyfus Commodities S.A., Buenos Aires
— Wilmar Trading Pte Ltd, Neil road, Singapore
('LDC');
(f) Importers in the Union related to Argentinian
— group of related companies “Renova”:
and Indonesian exporters
— Molinos Río de la Plata S.A., Buenos Aires
— Campa Iberia S.A.U., Tarragona, Spain ('CAMPA')
('Molinos');
— IM Biofuel Italy S.R.L., Milan, Italy ('IMBI')
— Oleaginosa Moreno Hermanos S.A.F.I.C.I.,
Bahia Blanca ('Oleaginosa');
— Louis Dreyfus Commodities Espaa S.A., Madrid,
Spain ('LDC Spain');
— Renova S.A., Bahia Blanca ('Renova');
— Losur Overseas S.A., Madrid, Spain ('Losur');
— Vicentin S.A.I.C., Avellaneda ('Vicentin');
— Wilmar Europe Trading B.V., Barendrecht, The
— group of related companies “T6”:
Netherlands ('WET BV') ( 1 )
— Aceitera General Deheza S.A., General
B. PRODUCT CONCERNED AND LIKE PRODUCT
Deheza, Rosario ('AGD');
1. Product concerned
— Bunge Argentina S.A., Buenos Aires ('Bunge');
(29) The
product
concerned
is
fatty-acid
mono-alkyl
esters
— T6 Industrial S.A., Puerto General San Martín,
and/or paraffinic gasoils obtained from synthesis and/or
Santa Fe ('T6').
hydro-treatment, of non-fossil origin, in pure form or as
included in a blend originating in Argentina and
(c) Traders outside the EU related to exporting
Indonesia, currently falling within CN codes
producers in Argentina
ex 1516 20 98,
ex 1518 00 91,
ex 1518 00 95,
ex 1518 00 99,
ex 2710 19 43,
ex 2710 19 46,
— Molinos Overseas, Montevideo, Uruguay
ex 2710 19 47, 2710 20 11, 2710 20 15, 2710 20 17,
('Molinos Overseas');
ex 3824 90 97, 3826 00 10 and ex 3826 00 90 (‘the
product concerned’, commonly referred to as ‘biodiesel’).
— Louis Dreyfus Commodities Suisse, Geneva, Swit
zerland ('LDC Suisse');
(30) The
investigation showed that biodiesel produced in
Argentina is exclusively "soybean methyl ester" (SME)
(d) Exporting producers in Indonesia
derived from soybean oil, and that biodiesel produced
in Indonesia is exclusively "palm methyl ester" (PME)
— PT. Ciliandra Perkasa, Jakarta, Indonesia ('CPL')
derived from palm oil, whereas biodiesel produced in
the Union is mainly "rapeseed methyl ester" (RME) but
— PT. Musim Mas, Medan, Indonesia ('PTMM')
also from other feedstocks, including waste oils as well as
virgin oils.
— PT. Pelita Agung Agrindustri, Medan, Indonesia
('PAA')
(31) SME,
PME
and
RME
all
belong
to
the
category
of
fatty
acid methyl esters (FAME). The term "ester" refers to the
— group of releated companies ('Wilmar'), PT.
transesterification of vegetable oils, namely, the mingling
Wilmar Bioenergi Indonesia, PT. Wilmar Nabati
of the oil with alcohol, which generates biodiesel and, as
Indonesia;
a by-product, glycerine. The term "methyl" refers to
methanol, the most commonly used alcohol in the
— PT. Wilmar Bioenergi Indonesia, Medan,
process.
Indonesia ('WBI')
( 1 ) At the premises of WET BV, the accounts of other companies from
— PT. Wilmar Nabati Indonesia, Medan,
the Wilmar group located in Europe were also verified: Wilmar Italia
Indonesia ('WINA')
SrL, Milan Italy; Oxem Oleo, Mezzana Bigli, Italy

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European
Union L
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(32) SME
and
PME
biodiesel
could
be
used
in
their
pure
forms
(37) However
one
European
importer
of palm
kernel
oil
but they are generally blended, either among themselves
based fatty acid methyl ester from Indonesia requested
or with RME, before being used in the European Union.
End User Relief for their imports which were not
The reason for blending SME with PME is that SME in its
destined for fuel use, but for processing into unsaturated
pure form does not meet the European standard EN
fatty alcohol.
14214 as regards iodine and cetane numbers. The
reason for blending PME (and SME) with RME is that
PME and SME have a higher Cold Filter Plugging Point
(38) End
User
Relief
is
a
scheme
administered
by
national
(CFPP) than RME and are not therefore suitable for use in
Customs administrations whereby duties paid on
their pure form during winter months in cold regions of
importation are subject to a relief based on the final
the European Union.
certified use of the raw materials imported. The scheme
is set out in the Implementing Provisions of the
Community Customs Code ( 1 ).
(33) The
blends
of
biodiesels
and
mineral
diesel
are
ultimately
(39) This
request
will
be
addressed
at
the
definitive
stage
of
used in the transport sector as a fuel in diesel-power
the investigation after the Commission has received
engines of road vehicles such as cars, trucks, buses and
comments from interested parties on whether this
also in trains. Biodiesels in their pure forms or blended
specific request should be granted for imports of palm
with mineral diesels can also be used as a heating fuel in
kernel oil fatty acid methyl ester for non-fuel use. These
domestic, commercial or industrial boilers and as a fuel
comments should address whether this Relief could be
for generators to produce electricity.
used to circumvent any definitive duties if they are
imposed and the effect on imports of biodiesel for
non-fuel use from countries already subject to measures.
2. Like product
C. DUMPING
(34) The investigation has shown that the product concerned,
the product produced and sold on the domestic market
1. Argentina
of Argentina and Indonesia, and the product produced
and sold in the Union by the Union industry have similar
1.1. Normal value
basic physical, chemical, technical characteristics and
(40) The Commission first examined for each sampled
uses. They are therefore provisionally considered to be
exporting producer whether the total domestic sales
alike within the meaning of Article 1(4) of the basic
volume of the like product to independent customers
Regulation.
in Argentina was representative, i.e. whether the total
volume of such sales represented at least 5% of its
total export sales volume of the product concerned to
the Union during the IP in accordance with Article 2(2)
3. Product exclusion request
of the basic Regulation. The Commission found that for
each sampled company or group of companies the total
(35) One
Indonesian producer requested that fractionated
volume of such sales represented at least 5% of the total
methyl esters be excluded from the product scope of
export sales volume to the Union during the IP.
the proceeding. Fractional distillation of fatty acid
methyl esters separates them into components with
different chemical characteristics for different end uses.
(41) The Commission subsequently identified for each
They stated that fractionated methyl esters, which the
sampled company or group of companies those
company produced and exported to the EU, were not
product types sold domestically that were identical or
biodiesel and not used for fuel, but other industrial appli
comparable with the types sold for export to the Union.
cations. They also stated that the raw material used for
these fractionated methyl esters was coconut oil or palm
kernel oil, rather than the crude palm oil usually used to
(42) For
each
product
type
sold
by
each
sampled
company
or
make biodiesel in Indonesia.
group of companies on their domestic market and found
to be identical or comparable with the product type sold
for export to the Union, it was examined whether
domestic sales were sufficiently representative for the
purposes of Article 2(2) of the basic Regulation.
(36) Fractionated methyl esters fall within the product
Domestic sales of a particular product type were
description of the product concerned, as they remain
considered sufficiently representative when the total
fatty acid methyl esters and are manufactured from raw
volume of that product type sold on the domestic
materials that are used to manufacture biodiesel.
market to independent customers during the IP repre
Although it does not in itself meet the European norm
sented at least 5% of the total volume of the comparable
(EN 14214) it can be mixed with other biodiesels to
product type sold for export to the Union.
create a blend that meets the norm. This is exactly the
same as palm methyl ester biodiesel, which itself does
( 1 ) Commission Regulation (EEC) No 2454/93 as amended, in particular
not meet the European norm without blending. This
by Commission Regulation (EC) No. 1602/2000, Articles 291 to
argument is therefore rejected.
300

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L 141/10
EN
Official Journal of the European Union
28.5.2013
(43) Subsequently,
the
Commission
assessed
for
each
sampled
(48) Where
the
product
concerned
was
directly
exported
to
company or group of companies whether the domestic
independent customers in the Union, the export price
sales of the like product were made in the ordinary
was established in accordance with Article 2(8) of the
course of trade pursuant to Article 2(4) of the basic
basic Regulation on the basis of the prices actually paid
Regulation. This was done by establishing for each
or payable for the product concerned.
product type the proportion of profitable sales to inde
pendent customers on the domestic market during the IP.
(49) Where
export
sales
to
the
Union
were
made
through
(44) The investigation has shown that the Argentinian market
related trading companies located inside the Union, the
is heavily regulated by the State. Blending fossil diesel
export price was established in accordance with
and biodiesel is mandatory in Argentina (at 7% of
Article 2(9) of the basic Regulation on the basis of the
biodiesel during the IP). The total amount of biodiesel
price at which the imported product was first resold to
needed to meet this blending requirement is apportioned,
independent customers in the Union. In such cases
via the attribution of quotas, among a selected number of
adjustments were made for all costs incurred between
Argentine biodiesel producers. Oil companies are obliged
importation and resale, and for profits accruing. For
to purchase biodiesel from those Argentine biodiesel
the purpose of this calculation, a level of profit of 5%
producing companies to meet the mandatory blending.
based on turnover was considered reasonable.
The price is fixed by the State and published by the
Argentine Ministry of Energy. During the IP, this State-
fixed reference price was calculated according to a
complex formula which took into account the cost of
1.3. Comparison
production (raw materials, transport and other costs) and
ensured the achievement of a certain amount of profit.
(50) The
normal value and export price
of the sampled
The parameters used in the determination of the
exporting producers were compared on an ex-works
reference price were established on the basis of
basis.
estimated costs of the most inefficient producer located
in the most remote area of the country and resulted in
significant profitability for the Argentinian producers.
(51) For
the
purpose
of
ensuring
a
fair
comparison
between
the normal value and the export price, due allowance in
(45) Under these conditions, domestic sales were not
the form of adjustments was made for differences
considered as being made in the ordinary course of
affecting prices and price comparability in accordance
trade and the normal value of the like product had to
with Article 2(10) of the basic Regulation.
be provisionally constructed pursuant to Article 2(3) and
(6) of the basic Regulation by adding to the company's
own production costs during the investigation period, the
selling, general and administrative expenses incurred
(52) On
this
basis,
adjustments
were
made
for
transport,
(‘SG&A’) and a reasonable profit margin. The
ocean freight and insurance costs, handling, loading
complainants have claimed that the Differential Export
and ancillary costs, export duties and commissions in
Tax system in Argentina depresses the price of soya
all cases where demonstrated to affect price compara
beans and soya bean oil and therefore distorts the
bility.
costs of biodiesel producers. The Commission does not
have enough information at this stage to make a decision
as to the most appropriate way to address this claim. The
question as to whether the costs reasonably reflect the
(53) Where
export
sales
to
the
Union
were
made
through
costs associated with the production of the product
related trading companies located outside the Union,
concerned will therefore be further examined at the
the Commission examined whether or not such related
definitive stage as well as in the ongoing anti-subsidy
traders should be treated as the export sales department
investigation.
of the exporting producer or as an agent working on a

commission basis.
(46) Considering
the
prevailing
market
condition,
as
described
in recital (44) above, the Commission considered that the
amount for profit could not be based on actual data of
(54) One
trading company was closely related and fully
the sampled companies. Therefore, the amount for profit
controlled by the exporting producer, did not have any
used when constructing the normal value was
negotiating power or influence on the prices or delivery
determined pursuant to Article 2(6)(c) of the basic Regu
terms, and was trading exclusively products manu
lation on the basis of the reasonable amount of profit
factured by the exporting producer in Argentina.
that a young and innovative capital intensive industry of
Therefore, it was considered as an export sales
this type under normal conditions of competition in a
department of the exporting producer and no adjustment
free and open market could achieve, that is 15% based
for commission was made.One trading company located
on turnover.
outside the EU was found to have looser links with the
exporting producer in Argentina, was not under its
1.2. Export price
control and trading a number of other products manu
factured by other producers. In this case, it was
(47) The
sampled
exporting
producers
exported
to
the
Union
considered that the trading company was carrying out
either directly to independent customers or through
functions similar to those of a trader acting on a
related companies.
commission basis. As a consequence, export sales

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Union L
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prices were adjusted in accordance with Article 2(10)(i)
of the basic Regulation to take account of the notional
Company
Provisional dumping
margin
mark-up received by the trader.
Group “T6” (Aceitera General Deheza
10,6%
S.A., Bunge Argentina S.A.)
(55) The actual difference between the sales prices charged by
Other cooperating companies 7,9%
the exporting producer in Argentina to the related trader
and the sales prices charged by the related traders to the
All other companies 10,6%
first independent customer in the EU was not used to
calculate the adjustment. The adjustment was calculated
on the basis of the SG&A of the related trader and a
reasonable amount of profit. The actual profit of the
2. Indonesia
company was not considered to be reliable due to the
2.1. Normal value
nature of the relationship.
(60) The Commission first examined for each sampled
exporting producer whether the total domestic sales
1.4. Dumping margin
volume of the like product to independent customers
in Indonesia was representative, i.e. whether the total
(56) For the sampled exporting producers, the weighted
volume of such sales represented at least 5% of its
average normal value of each type of the like product
total export sales volume of the product concerned to
was compared with the weighted average export price, as
the Union during the IP in accordance with Article 2(2)
provided for in Article 2(11) and (12) of the basic Regu
of the basic Regulation. The Commission found that,
lation.
except for two exporting producers, the domestic sales
were not representative.
(57) The weighted average dumping margin for the
cooperating exporting producers not included in the
sample was calculated in accordance with the provisions
of Article 9(6) of the basic Regulation. This margin was
(61) For
the
exporting
producers
with
global
representativity,
established on the basis of the margins established for the
the Commission subsequently identified the product
three sampled exporting producers.
types sold domestically that were identical or comparable

with the types sold for export to the Union.
(58) With regards to all other exporting producer in
Argentina, the dumping margin was established on the
basis of the facts available in accordance with Article 18
(62) For
these
identical
or
comparable
product
types,
it
was
of the basic Regulation. To this end the level of
examined whether domestic sales were sufficiently repre
cooperation was first established by comparing the
sentative for the purposes of Article 2(2) of the basic
volume of exports to the Union reported by the
Regulation. Domestic sales of a particular product type
cooperating exporting producers with the equivalent
were considered sufficiently representative when the total
Eurostat import statistics. Since the level of cooperation
volume of that product type sold by the exporting
was very high at 100% of the total exports to the Union
producers on the domestic market to independent
during the IP, the residual dumping margin applicable to
customers during the IP represented at least 5% of its
all other exporting producers in Argentina was set at a
total sales volume of the comparable product type
level corresponding to the one found for the cooperating
exported to the Union. For the exporting producers
exporting producer in the sample with the highest
with global representativity, no representative sales or
dumping margin.
no sales at all were found on the domestic market of
the product type that was exported.
(59) The provisional dumping margins thus established,
expressed as a percentage of the CIF Union frontier
price, duty unpaid, are as follows:
(63) Therefore,
for
all
exporting
producers,
normal
value
of
the like product was provisionally constructed pursuant
to Article 2(3) and (6) of the basic Regulation by adding
Dumping margin
to the company's own production costs during the inves
tigation period, the selling, general and administrative
Company
Provisional dumping
expenses (‘SG&A’) incurred and a reasonable profit
margin
margin. The complainants have claimed that the Differ
ential Export Tax system in Indonesia depresses the price
Louis Dreyfus Commodities S.A. 7,2%
of palm oil and therefore distorts the costs of biodiesel
Group “Renova” (Molinos Río de la Plata
6,8%
producers. The Commission does not have enough

S.A., Oleaginosa Moreno Hermanos
information at this stage to make a decision as to the
S.A.F.I.C.I. y A. and Vicentin S.A.I.C.)
most appropriate way to address this claim. The question
as to whether the costs reasonably reflect the costs

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L 141/12
EN
Official Journal of the European Union
28.5.2013
associated with the production of the product concerned
framework in place ( 1 ), were not considered part of the
will therefore be further examined at the definitive stage
export price. Such premiums are not linked to the
as well as in the ongoing anti-subsidy investigation.
product concerned as such, but rather to the provision
of documents by the related importer in order to obtain
a government certificate which enables the related
importer's client to fulfil the necessary conditions to
(64) The investigation has shown that the Indonesian
blend only half the biodiesel quantity (given that this
domestic market of biodiesel is heavily regulated by the
biodiesel can be counted 'double').
State. The fully State-owned oil and gas company
Pertamina is by far the biggest company active on the
domestic market (more than 90% of the domestic
2.3. Comparison
biodiesel purchases from the sampled producers).
Pertamina is mandated by the State to blend the
(70) The
normal value and export price
of the sampled
biofuels with fossil fuels for sale at its gas stations.
exporting producers were compared on an ex-works
Every month, the Indonesian Ministry of Trade adminis
basis.
tratively sets the so called “HPE price (or Export Check
Price)” which is a benchmark price used to calculate the
(71) For
the
purpose
of
ensuring
a
fair
comparison
between
monthly level of export duties. Pertamina purchases
the normal value and the export price, due allowance in
biodiesel at the level of the HPE price set by the
the form of adjustments was made for differences
Indonesian government.
affecting prices and price comparability in accordance
with Article 2(10) of the basic Regulation.
(65) Under
these
conditions
the
amount
of
profit
could
not
(72) On
this
basis,
adjustments
were
made
for
transport,
be based on actual data from the sampled companies
ocean freight and insurance costs, handling, loading
given that the domestic sales are not considered as
and ancillary costs, credit costs, export duties, survey
being made in the ordinary course of trade. Therefore,
fees, bank charges and commissions in all cases where
the amount for profit used when constructing the normal
demonstrated to affect price comparability.
value was determined pursuant to Article 2(6)(c) of the
basic Regulation on the basis of the reasonable amount
of profit that a young and innovative capital intensive
(73) Where
export
sales
to
the
Union
were
made
through
industry of this type under normal conditions of
related trading companies located outside the Union,
competition in a free and open market could achieve,
the Commission examined whether or not such related
that is 15% based on turnover.
traders should be treated as the export sales department
of the exporting producer or as an agent working on a
commission basis.
2.2. Export price
(74) One company or group of companies was found to have
(66) The
sampled
exporting
producers
exported
to
the
Union
established a contract with a related trading company to
either directly to independent customers or through
trade, among other things, biodiesel in exchange for a
related companies.
commission. In this case, it was considered that the
related trader should be treated as an agent working on
a commission basis and therefore export sales prices were
adjusted in accordance with Article 2(10)(i) of the basic
(67) Where
the
product
concerned
was
directly
exported
to
Regulation to take account of the mark-up received by
independent customers in the Union, the export price
the trader.
was established in accordance with Article 2(8) of the
basic Regulation on the basis of the prices actually paid
or payable for the product concerned.
(75) For
one exporting producer, the product concerned

(PME) was blended with RME before being sold to the
first independent customer. Therefore, in accordance with
Article 2(10)(a), an adjustment was made for differences
(68) Where
export
sales
to
the
Union
were
made
through
in the physical characteristics of the product concerned.
related trading companies located inside the Union,
export price was established in accordance with
( 1 ) This Member State recognises biodiesel made from Palm Fatty Acid
Article 2(9) of the basic Regulation on the basis of the
Distillate ("PFAD") as "double counting" which means the
price at which the imported product was first resold to
contribution made by biofuels produced from PFAD shall be
independent customers in the Union. In such cases
considered to be twice that made by other biofuels. You would
therefore only have to blend the mineral diesel with half of such
adjustments were made for all costs incurred between
double counting biodiesel. Double counting biodiesel is more
importation and resale, and a level of profit of 5%
expensive than the normal/single counting biodiesel, hence a
based on turnover was considered reasonable.
premium is charged to the client. However, it is a national
practice that for the double counting biodiesel, the client will only
pay this premium upon approval by the government (via a
certificate) that the double counting biodiesel fulfils all the criteria
to be qualified as double counting biodiesel. Once the government
(69) Premiums
charged
to
clients
in
one
Member
State
who
has issued this certificate, the related importer can send a separate
were - subsequent to a biodiesel purchase – seeking to
invoice to the client for the outstanding premium that has to be
benefit from the 'double counting' biodiesel regulatory
paid.

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/13
2.4. Dumping margin
(81) Allegations
were
received
that
a
significant
number
of
large Union producers were related to exporters in
(76) For the sampled exporting producers, the weighted
Argentina and/or were importing biodiesel from
average normal value of each type of the like product
Argentina and therefore should be excluded from the
was compared with the weighted average export price, as
definition of the Union industry.
provided for in Article 2(11) and 2(12) of the basic
Regulation.
(82) After
investigation,
three
companies
were
excluded
from
the definition of the Union industry due to their reliance
(77) The weighted average dumping margin for the
on imports from the countries concerned, where imports
cooperating exporting producers not included in the
had reached 63%, 85% and 71% respectively of their
sample was calculated in accordance with the provisions
own production during the IP. Two further companies
of Article 9(6) of the basic Regulation. This margin was
were excluded as they had not produced biodiesel during
established on the basis of the margins established for the
the investigation period. No data from these companies
sampled exporting producers, disregarding the margin of
has been used in the sections below. It was provisonally
the exporting producer with a zero dumping margin.
concluded that there were no grounds to exclude any
other Union producers from the definition of the
Union industry.
(78) With regards to all other exporting producer in
Indonesia, the dumping margin was established on the
basis of the facts available in accordance with Article 18
(83) All
available
information
concerning
the
Union
industry,
of the basic Regulation. To this end the level of
including information provided in the complaint and
cooperation was first established by comparing the
data collected from Union producers before and after
volume of exports to the Union reported by the
the initiation of the investigation, was used in order to
cooperating exporting producers with the equivalent
establish the total Union production for the IP. Based on
Eurostat import statistics. Since the level of cooperation
this information it was found that the total Union
was very high at 99% of the total exports to the Union
production was around 9 052 871 tonnes during the
during the IP, the residual dumping margin applicable to
IP. As indicated above, eight Union producers were
all other exporting producers in Indonesia was set at a
selected in the sample representing 27% of the total
level corresponding to the one found for the cooperating
Union production of the like product.
exporting producer in the sample with the highest
dumping margin.
2. Union consumption
Table 1
(79) The provisional dumping margins thus established,
expressed as a percentage of the CIF Union frontier
Union
price, duty unpaid, are as follows:
consumption
2009 2010 2011 IP
Tonnes 11
165
831 11 538 511 11 159 706 11 728 400
Dumping margin
Index
100 103 100 105
2009 =
Company
Provisional dumping
margin
100
PT. Ciliandra Perkasa 0,0%
Source: Eurostat, data from the Union industry
PT. Musim Mas 2,8%
(84) Union
consumption
was
established
on
the
basis
of
the
volume of the total Union production on the Union
PT. Pelita Agung Agrindustri 5,3%
market of all Union producers, minus their exports,
plus imports from Argentina and Indonesia and
PT. Wilmar Bioenergi Indonesia 9,6%
imports from other third countries.
PT. Wilmar Nabati Indonesia 9,6%
(85) The
volume
of
imports
from
Argentina
and
Indonesia
Other cooperating companies 6,5%
was taken from Eurostat data for the different CN
codes under which the product has been classified.
All other companies 9,6%
(86) Based
on
the
above,
Union
consumption
of
biodiesel
increased by 5% between 2009 and the end of the IP.
D. INJURY
1. Definition of the Union industry and Union
3. Cumulative assessment of the effects of the
production
imports from the countries concerned
(80) The
like
product
is
manufactured
by
254
producers
in
(87) As set out in Article 3(4) of the basic Regulation, an
the Union. They constitute the Union industry within the
assessment of the effect of the imports from two
meaning of Article 4(1) of the basic Regulation and will
countries can only be cumulatively assessed if two
hereafter be referred to as ‘the Union industry’.
conditions are met.

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L 141/14
EN
Official Journal of the European Union
28.5.2013
(88) The
first
is
that
the
dumping
margin
in
relation
to
2009 2010 2011 IP
imports from both countries is more than de minimis,
and that the volume of imports is not negligible. The
margin of dumping established in relation to the
imports from Argentina and Indonesia was above the
Total
9,1% 14,5% 22,5% 19,3%
de minimis threshold as defined in Article 9(3) of the
market
basic Regulation and the volume of imports from each of
share
the countries concerned was not negligible in the sense
of Article 5(7) of the basic Regulation, with market
Index
100 160 248 213
shares of 10,8% and 8,5% respectively in the IP.
2009 = 100

Source: Eurostat
(89) The second is that the imported products are in
(91) Import
volumes
from
Argentina
and
Indonesia
increased
competition with each other, and in competition with
significantly from 2009 to the IP, imports from
the like Union product. Imports of biodiesel from
Indonesia increasing at a faster rate than imports from
Argentina and Indonesia are blended with mineral
Argentina. Market share increased from 9,1% to 19,3%
diesel by the same trading companies and sold to
during the same period.
customers across the Union in direct competition with
biodiesel produced by the Union industry.
5. Prices of imports from the countries concerned
and price undercutting
(90) In
view
of
the
above,
it
is
provisionally
considered
that
5.1. Price evolution
all the criteria set out in Article 3(4) of the basic Regu
lation are met and that imports from Argentina and
Table 3
Indonesia should be examined cumulatively for the
purpose of the injury analysis.
Import price
EUR/tonne
2009 2010 2011 IP
Argentina 629 730 964 967
4. Volume and market share of the imports from the
countries concerned
Index
100 116 153 154
2009 = 100
Table 2
Indonesia 597 725 864 863
2009 2010 2011 IP
Index
100 121 145 145
Imports
2009 = 100
from
Argentina
Total 624 728 920 921
Tonnes 853
589 1
179
285 1
422
142 1 263 230
Index
100 117 147 148
Index
100 138 167 148
2009 = 100
2009 = 100
Source: Eurostat
Market
7,6% 10,2% 12,7% 10,8%
share
(92) Although import prices rose during the period
Index
100 135 167 141
considered, in particular between 2010 and 2011,
2009 = 100
prices of biodiesel from both Argentina and Indonesia
remained below the prices of the Union industry
Imports
throughout the period considered.
from
Indonesia
5.2. Price undercutting
Tonnes 157
915 495
169 1
087
518 995
663
(93) In
order
to
determine
price
undercutting
during
the
IP,
Index
100 314 689 631
the weighted average sales prices of the sampled Union
2009 = 100
producers charged to unrelated customers on the Union
market, adjusted to an ex-works level, were compared to
Market
1,4% 4,3% 9,7% 8,5%
share
the corresponding weighted average prices of the imports
from the sampled Argentinian and Indonesian producers
Index
100 303 689 600
to the first independent customer on the Union market,
2009 = 100
established on a CIF basis, with appropriate adjustments
for customs duties and post-importation costs.

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/15
(94) A
comparison
between
the
SME
from
Argentina
and
the
6. Economic situation of the Union industry
PME from Indonesia with the product manufactured and
sold on the Union market was made based on the Cold
(98) In
accordance
with
Article
3(5)
of
the
basic
Regulation,
Filter Plugging Point (CFPP), which is the temperature at
the examination of the effects of the dumped imports on
which the biodiesel turns back into fat and cannot be
the Union industry included an evaluation of all
used as fuel.
economic indicators established for the Union industry
over the period analysed.
(99) As
mentioned
above,
data
verified
from
a
sample
of
(95) All
sales
from
Argentina
to
the
EU
were
at
a
CFPP
of
0
Union producers was used to examine the possible
degrees centigrade. These sales were therefore compared
injury suffered by the Union industry.
to the sales of Union producers of biodiesel at a CFPP
of 0.
(100) To analyse injury, the Commission distinguished between
macroeconomic and microeconomic injury indicators.
The Commission analysed the macroeconomic indicators
(96) All
sales
from
Indonesia
to
the
EU
were
at
a
CFPP
of
13
for the period considered on the basis of data provided
degrees centigrade. Given the very small volume of sales
by the Union industry relating to all Union producers.
of Union producers at this CFPP - since PME from
The Commission analysed the microeconomic indicators
Indonesia is almost always blended with other biodiesel
on the basis of the verified data collected from the
from other sources before being sold to the first inde
sampled Union producers.
pendent customer – a direct comparison was not
considered reasonable. The export price of the PME
from Indonesia at CFPP 13 was therefore adjusted
(101) The following macroeconomic indicators were assessed
upwards to a price at CFPP 0 by taking the difference
on the basis of information relating to all producers of
in price on the Union market between the sales of PME
biodiesel in the Union: production, production capacity,
at CFPP 13 manufactured by the Union industry and the
capacity utilisation, sales volume, market share, growth,
average price of biodiesel at CFPP 0.
employment, productivity, magnitude of the dumping

margin and recovery from past dumping.
(102) The following microeconomic indicators were assessed
(97) Based on the above methodology, the difference between
on the basis of information relating to the sampled
prices from Argentina and Indonesia and Union prices,
producers of biodiesel in the Union: average unit
expressed as a percentage of the Union industry's
prices, unit cost, labour costs, inventories, profitability,
weighted average ex-works price, i.e. the price under
cash flow, investments, return on investments and
cutting margin, ranged from 2,5% to 9,1%.
ability to raise capital.
7. Macroeconomic indicators
7.1. Production capacity, production and capacity utilisation
Table 4
2009 2010 2011 IP
Production capacity
20 359 000 21
304
000 21
517
000 22
227
500
(tonnes)
Index 2009 = 100 100 105 106 109
Production volume
8 745 693 9
367
183 8
536
884 9
052
871
(tonnes)
Index 2009 = 100 100 107 98 104
Capacity utilisation 43
% 44
% 40
% 41
%
Index 2009 = 100 100 102 92 95
Source: Data supplied by the Union industry

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L 141/16
EN
Official Journal of the European Union
28.5.2013
(103) Production of the Union industry increased over the period considered in line with consumption.
Capacity remained relatively stable in particular between 2010 and the IP; therefore capacity utili
sation remained low throughout the period. The Union industry was unable to use the capacity
previously installed, or exploit to any extent the increase in capacity during the period, made in
anticipation of an effect from the imposition of measures against the USA, or the expected quota
systems and increased mandates from some Member States.
7.2. Sales volume and market share
Table 5
2009 2010 2011 IP
Sales
9 454 786 9
607
731 8
488
073 9
294
137
volumes
(tonnes)
Index
100 102 90 98
2009 = 100
Market share 84,7
% 83,3
% 76,1
% 79,2
%
Index
100 98 90 94
2009 = 100
Source: Data supplied by the Union industry
(104) Sales volumes to unrelated companies in the Union
2009 2010 2011 IP
remained rather stable during the period. Given that
consumption rose slightly during the period, a stable
Productivity
4 707 4
558 4
142 4
354
sales volume leads to a decreased market share (down
(tonnes/FTE)
5.5 percentage points), which was taken by imports from
the countries concerned.
Index
100 97 88 93
2009 = 100
Source: Data supplied by the Union industry.
7.3. Growth
(105) The growth of the Union industry is reflected in its
volume indicators such as production, sales but in
(106) As the biodiesel industry is a capital intensive industry
particular, in its market share. Despite an increase in
not requiring a large labour force in the production
consumption during the period analysed the market
process, and given the amount of subcontracting of the
share of the Union producers did not grow in line
actual production of biodiesel, the numbers of people
with consumption. The market share of the Union
employed in manufacture is not large. Given production
industry declined over the period as the volume of
volumes increased slightly during the period,
imports rose. During the same period, imports from
employment also increased.
Indonesia and Argentina managed to gain over 10
percentage points of market share. The fact that the
Union industry could not fully benefit from market
growth had an overall negative impact on its economic
(107) As employment increased but at a higher rate than
situation.
production, productivity decreased by 7 percentage
points between 2009 and the end of the IP.
7.4. Employment and productivity
7.5. Magnitude of the actual margin of dumping and recovery
Table 6
from past dumping
2009 2010 2011 IP
(108) The Union industry had been suffering injury due to
dumped imports from the United States of America
Employment -
1 858 2
055 2
061 2
079
until 2009, where the period of investigation for this
Full time
proceeding starts. The duties in force against imports
equivalent (FTE)
from the United States of America were designed to
Index
100 111 111 112
provide a level playing field where the Union industry

2009 = 100
could compete fairly with these imports and recover
from the injury suffered.

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/17
(109) This has clearly not happened. The Union industry is
from Argentina and Indonesia due to the tax regimes
now less profitable than in 2009 and has lost market
in place in those countries and therefore was forced to
share, even from 2009, to imports from Argentina and
resort to importing the finished biodiesel in order to
Indonesia that are undercutting Union prices. Capacity
keep down its costs and therefore reducing overall losses.
utilisation is down even as consumption in the Union
has risen. Recovery from past dumping has clearly not
taken place.
(112) At the same time the wage costs of the sampled
companies rose during the period under consideration,
again causing the companies to find ways of reducing
their overall cost burden.
(110) The dumping margins for exporting producers in
Argentina and Indonesia are specified above in the
dumping section. One exporting producer in Indonesia,
accounting for a low level of imports from Indonesia,
was found not to be dumping. However the remaining
8.2. Stocks
exporting producers in Indonesia and all exporting
Table 8
producers in Argentina were found to be dumping
biodiesel onto the Union market. Furthermore, given
2009 2010 2011 IP
the volumes and the prices of the dumped imports
from the two countries concerned, the impact of the
Stocks
74 473 87
283 90
249 103
058
actual margin of dumping cannot be considered to be
(tonnes)
negligible.
Index
100 117 121 138
2009 = 100
Source: Questionnaire replies of the sampled Union producers.
8. Microeconomic indicators
8.1. Average unit prices, unit costs and wage costs
(113) Over the period analysed stocks of biodiesel increased by
Table 7
around 40 %. This growth in inventories took place
throughout the period analysed. However, because
2009 2010 2011 IP
biodiesel cannot be stored for more than 6 months (on
average the storage period is only around 3 months),
Unit price 797 845 1
096 1
097
data related to stocks have only limited value for
EUR per
assessing the economic situation of the Union industry.
tonne
Index
100 106 137 138
2009 = 100
8.3. Profitability, investments, return on investments, cash flow
and ability to raise capital
Unit cost 760 839 1
089 1
116
EUR per
Table 9
tonne
2009 2010 2011 IP
Index
100 110 143 147
2009 = 100
Profitability 3,5
% –
0,3
% –
0,2
% –
2,5
%
Investments
188 491 156
927 149
113 141
578
Wage costs 57 391 63
490 62
141 61
004
in EUR 000
EUR/FTE
Index
100 83 79 75
Index
100 111 108 106
2009 = 100
2009 = 100
Return on 19 % –
2
% –
2
% –
24
%
Source: Questionnaire replies of the sampled Union producers.
investments
Cash flow 244 001 –
48
649 21
241 23
984
in EUR 000
(111) Although over the period considered the Union industry
was able to increase its sales price, due to a poor
rapeseed harvest in 2011 the cost of production rose
Index
100 –
20
9 10
to an extent that it could not be covered by an
2009 = 100
increase in sales price. It was uneconomical for the
Source: Questionnaire replies of the sampled Union producers
Union industry to import alternative raw materials

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L 141/18
EN
Official Journal of the European Union
28.5.2013
(114) Profitability of the sampled Union producers was estab
E. CAUSATION
lished by expressing the net pre-tax profit of the sales of
the like product on the Union market as a percentage to
1. Introduction
the turnover of these sales. Over the period analysed the
profitability of the sampled Union producers decreased
(121) In accordance with Article 3(6) and Article 3(7) of the
considerably from 3,5 % to – 2,5 %.
basic Regulation, it was examined whether the dumped
imports originating in the countries concerned have
caused injury to the Union industry to a degree that
enabled it to be classified as material.
(115) The level of investments in the production of biodiesel
made by the sampled Union producers fell during the
period, showing that whereas the sampled producers
were still able to invest in the production of biodiesel,
(122) Known factors other than the dumped imports, which
the amount of resources available for such investment
could at the same time have injured the Union industry,
had declined with the Union producers' market share.
were also examined to ensure that the possible injury
caused by these other factors was not attributed to the
dumped imports.
(116) The sampled Union producers' return on investment,
which expresses their pre-tax result as a percentage of
the average opening and closing net book value of the
2. Effect of the dumped imports
assets employed in the production of biodiesel followed
the negative trend in profitability. The deterioration of
(123) During the investigation period a low level (between 2%
the return on investments is a clear indication of the
and 6%) of the imports from Indonesia to the EU were
deterioration of the economic situation of the Union
found not to be dumped. The remaining volume from
industry during the period under investigation.
Indonesia, and all imports from Argentina, were found to

be dumped. Removing the small quantity of non-dumped
imports from the total imports declared from Indonesia
does not affect the trend of the imports detailed above.
(117) Cash flow, which is the ability of the industry to self-
finance their activities, has shown a significant decrease
over the period analysed, showing the difficulty of the
sampled companies to compete with the dumped
(124) The investigation showed that low-priced dumped
imports from Argentina and Indonesia.
imports from the countries concerned significantly
increased in terms of volume (more than doubled)
during the period considered. This resulted in a
significant increase in their market share by 10
percentage points, from 9.1% in 2009 to 18.8 % by
9. Conclusion on injury
the end of the IP.
(118) An analysis of the verified data clearly shows that the
Union industry has suffered material injury as defined by
Article 3(5) of the basic Regulation. At a time of
increasing consumption they have lost market share
(125) At the same time, despite the increase in consumption,
and profitability, while imports have gained market
the Union industry lost 5.5 percentage points of market
share and undercut Union producer prices.
share during the period considered.
(119) Other indicators also show a declining or stable trend,
(126) The average prices of the dumped imports increased by
even after the imposition of measures against the United
48% between 2009 and the IP but were significantly
States of America and the extension of duties to circum
lower than those of the Union industry during the
vented imports from Canada.
same period. The dumped imports undercut Union
industry prices with an average undercutting margin of
4% for Indonesia and 8% for Argentina during the IP.
(120) The Union producers were able to pass on most of the
increase in cost of production from 2010 to 2011 (+33
percentage points) but only by lowering profitability to
(127) The pressure exercised by the increase of low-priced
the break-even point. However they could not pass on
dumped imports on the Union market did not allow
the further increase in cost from 2011 to the IP, due to
the Union industry to set its sales prices in line with
an increase in the feedstock price, which represents close
market conditions and the cost increases. The sampled
to 80 % of the full cost of production of biodiesel. These
companies were only able to pass on to their customers
cost increases could not be fully passed on to customers
a price increase limited to 38% while its full costs
on the Union market, causing the losses in the IP.
increased by 47% over the same period.

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/19
(128) Based on the above, it is provisionally concluded that the
industry, and the small volume in overall terms of their
low-priced dumped imports from the countries
imports, these producers were not considered as a cause
concerned, which undercut the prices of the Union
of injury to the Union industry.
industry during the IP and which also significantly
increased in volume, have had a determining role in
the material injury suffered by the Union industry.
3.4. Imports made by the Union industry
3. Effect of other factors
(132) CARBIO, the association of Argentinian biodiesel
producers, alleged that the injury suffered by the Union
3.1. Imports from other countries
industry was caused by imports from Argentina and
Indonesia made by Union producers. They defined
Table 10
these imports as self-inflicted injury and claimed that
they should be discounted as a cause of injury based
Other third
on the behaviour of the Argentine producers.
countries
2009 2010 2011 IP
Total
699 541 256
327 161
973 175
370
imports
(tonnes)
(133) It is clear from data provided by the Union industry that
they have imported quantities of biodiesel from
Index
100 37 23 25
Argentina and Indonesia during the period considered,
2009 = 100
up to 60% of all imports in the IP from these countries.
However they have stated that these imports have been
Market
6,3 % 2,2
% 1,5
% 1,5
%
made in self-defence. Being able to benefit from the
share
dumped prices of these imports, in the short term, has
assisted Union producers in being able to stay in business
Index
100 35 23 24
for the medium term.
2009 = 100
Source: Eurostat
(134) The imports of biodiesel at dumped prices by the Union
industry increased substantially in 2011 and the IP,
(129) Imports from third countries, mainly the USA, Norway
which was when the effect of the differential export tax
and South Korea, decreased substantially from 2009 to
on biodiesel and its raw materials could be most felt, as
the end of the IP. This decline was due to the imposition
it was at that time that imports of the raw materials
of measures on imports from the United States in 2009
(soybean oil and palm oil) became uneconomic as
and following an anti-circumvention investigation against
compared to imports of the finished product. The differ
imports consigned from Canada in 2010. Given the
ential export tax system in both countries puts a higher
decline in the market share of imports from other
tax on the export of raw materials than the tax on the
third countries at the time of the deterioration in the
finished product. Whether this differential export tax can
financial position of the Union industry, imports from
be considered as a subsidy in the sense of Article 2 of the
other third countries cannot have made more than a
basic anti-subsidy Regulation will be examined in the
negligible contribution to the injury suffered by the
ongoing anti-subsidy investigation.
Union industry. Thus, it cannot be concluded that they
break the causal link between the injury and the effect of
dumped imports.
(135) For example during some months of the IP the import
3.2. Non-dumped imports from the countries concerned
price of soybean oil from Argentina was higher than the

import price of SME, making purchase of soybean oil
(130) Non-dumped imports from the countries concerned were
economically disadvantageous. In this position purchase
found, but only in the second half of 2011. Given the
of SME was the only economically justifiable option.
short period of time in which these imports were made,
and the limited quantities, they cannot have caused more
than a negligible amount of injury to the Union indus
tryand are not capable of breaking the causal link
between the injury and the effect of dumped imports.
(136) In any case had the Union industry not imported these
volumes of biodiesel, trading companies in the Union
would have imported them, undercut the Union
industry and sold them on the Union market, as they
3.3. Other Union producers
already import from these countries for sale to the diesel
refiners in competition with the Union industry. The
(131) Given the small volume of production of the Union
causal link is not broken by these imports and this
producers excluded from the definition of the Union
argument is therefore provisionally rejected.

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L 141/20
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Official Journal of the European Union
28.5.2013
3.5. Capacity of the Union industry
Some Member States have availed themselves of the
provision in the RED which allows that proportion to
(137) CARBIO further alleges that the injury caused to the
be halved if the biodiesel used has been made from waste
Union industry is due to overcapacity caused by over
oils or used animal fats. For example if the Member State
expansion. With capacity utilisation at 50% in 2008 they
concerned requires that 7% biodiesel be mixed with 93%
allege that the industry has continued to expand without
mineral diesel, then that 7% reduces to 3,5% if it is waste
a commensurate increase in demand.
oil biodiesel.
(138) It is the case that during the period considered capacity
utilisation across the Union remained low, at a low point
(145) CARBIO alleges that the double counting rules have
of 40% during the IP. Therefore some companies have
caused a drop in the sale of so-called 'first generation'
not been using the capacity they have installed.
biodiesel of 1 million MT during the IP, and that this is a
cause of injury to the Union industry. This allegation is
rejected, as the sample of Union producers contains
(139) However capacity utilisation was already low at the start
some companies who are manufacturing double
of the period considered and has remained low
counted biodiesel and their financial situation is not
throughout the whole period, and was also stable in
significantly different to that of sampled companies
the sampled companies.
making biodiesel from virgin vegetable oils. These
companies have shown during verification of their data
that the price of their biodiesel has been affected by the
(140) The sampled companies were profitable at the start of
low price of dumped imports from Argentina and
the period considered and loss making at the end, with
Indonesia, as they are in indirect competition with the
stable capacity utilisation. It is reasonable to deduce that
PME and SME from the countries concerned.
the whole industry has also become less profitable while
its capacity utilisation has remained stable. This cannot
therefore be considered a major cause of injury, as there
(146) The argument has also been made that the Union
appears to be no causal link. This argument is therefore
industry is suffering injury by not investing more in
provisionally rejected.
second-generation biofuels such as using waste oils.
This argument has been provisionally rejected, as there
3.6. Lack of access to raw materials and vertical integration
is not enough waste oil available in the Union to signifi

cantly increase the amount of processing from that
(141) CARBIO also alleges that the Union industry is suffering
already in existence.
injury because of a lack of efficiency, in particular
because they are not vertically integrated and are not
located close to raw materials.
3.8. Restrictions in Member States
(147) CARBIO also alleged that the injury caused to the Union
(142) These arguments are provisionally rejected. Some of the
industry could not be caused by imports from the
sampled companies are located at the ports with seamless
countries concerned due to quota systems and tax
access to raw materials brought in by ship, and other
regimes in various Member States that restrict access to
sampled companies have located their biodiesel plants
these markets. They also allege that some markets in the
directly on the same site as their vegetable oil
EU are closed to SME and PME due to climatic
producing plants. Many biodiesel producers in the
conditions.
south of Europe are located at port sites deliberately to
access raw materials imported from Argentina and
Indonesia or on the same sites as their customers
(148) They are correct to state that the Cold Filter Plugging
(being the fossil oil refineries). Given that the effect of
Point ('CFPP') of PME (at +13 Centigrade) means that
the differential export tax has been to make the raw
PME cannot be used across the Union without being
materials more expensive than the finished product,
mixed with other biodiesels to bring down the CFPP.
this has clearly injured the Union industry by making
The CFPP of SME, at 0 degrees Centigrade, does
it economically impossible to manufacture PME and
however allow it to be used more widely, in particular
SME in the EU.
during the summer months.
3.7. Other regulatory factors
(149) The argument that it is the regulatory system in some
(143) CARBIO also made reference to some regulatory factors
Member States that is causing injury to the Union
which they allege have caused injury to the Union
industry was examined closely throughout the investi
industry, some of which are proposals and have to
gation.
date not been put into force. However they place
emphasis on the system of ‘double counting’, which is
described below.
(150) In some Member States, quota systems are in place that
give a particular production quota to companies in that
Member State or in other Member States across the
(144) The Renewable Energy Directive ('RED') requires Member
Union. However most countries have given advantages
States to mandate a certain proportion of biodiesel to be
by using the tax system and these advantages are being
mixed with mineral diesel before being sold to users.
lowered or withdrawn.

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/21
(151) France for example has a 'detaxation advantage' of
appreciation of all the various interests involved,
EUR90 per tonne for quota produced biodiesel.
including those of the Union industry, importers, raw
However given the low prices of dumped imports, it is
material suppliers and users.
often cheaper to import biodiesel than it is to buy from
the Union industry even including the tax advantage.
This is shown by the fact that Argentinian imports are
1. Interest of the Union industry
clearly present on the French market.
(159) As mentioned above, the Union industry suffered
material injury caused by dumped imports originating
(152) In some Member States imports from Argentina and
in the countries concerned. Not imposing measures
Indonesia are not present, either due to climatic
would most likely lead to a continuation of the
conditions or due to quota systems. However in most
negative trend of the financial situation of the Union
of the Union imports from Argentina and Indonesia are
industry. The situation of the Union industry was
present on the market, either due to the lack of a quota
particularly marked by a decrease in profitability from
system or due to the price being below any tax
+ 3 % in 2009 to – 2,5 % by the end of the IP. Any
advantage that a Member State might give.
further decline in performance would ultimately lead to
cuts in production and more closures of production sites,
which would therefore threaten employment and
(153) Given that PME and SME, when blended with Union
investments in the Union.
produced RME or other biodiesel, can be sold across
the Union, and that imports are present in large quan
tities and dumped prices even in Member States with tax
(160) The imposition of measures would restore fair
advantage systems in place, this argument is provisionally
competition on the market. The Union industry's
rejected as the existing quota systems and tax regimes are
downwards trend in profitability is the result of its
not capable of breaking the causal link between the
difficulty in competing with the dumped, low-priced,
injury and the effect of dumped imports.
imports originating in the countries concerned, a fact
also due to the export tax regime in both countries
that lowers the price of imports of SME and PME on
4. Conclusion on causation
the Union market, whilst increasing the price of the
raw materials. The imposition of anti-dumping
(154) The above analysis has demonstrated that there was a
measures would therefore put the Union industry in
substantial increase in the volume and market share of
the position to improve its profitability towards levels
the low-priced dumped imports originating in the
considered necessary for this capital intensive industry.
countries concerned. At the same time, it was found
that these imports were undercutting the price of the
Union industry during the IP.
(161) Measures should give the Union industry the opportunity
to begin to recover from the injurious dumping found
during the investigation.
(155) The data shows that as the volume of low-priced imports
from the countries concerned increase, the economic
situation of the Union industry deteriorates significantly.
2. Interest of unrelated importers/traders in the
Union
(156) The analysis above has properly distinguished and
(162) Unrelated importers/traders in the Union were invited to
separated the effects of all known factors on the
make themselves known to the Commission. However
situation of the Union industry from the injurious
no importer cooperated with the investigation.
effects of the dumped imports. Based on this analysis
the provisional conclusion is that the dumped imports
from the countries concerned have caused material injury
(163) In the absence of data from unrelated importers or
to the Union industry within the meaning of Article 3(6)
traders, there was no evidence that imposition of
of the basic Regulation.
measures would be clearly against the interests of these
parties.
(157) The known factors other than the dumped imports have
been assessed in line with Article 3(7) of the basic Regu
3. Interest of users and consumers
lation, and no evidence was found that they broke the
causal link between the dumped imports and the injury
(164) All known user companies involved in mineral diesel
suffered by the Union industry.
production and distribution, and also involved in the
mandatory blending of mineral diesel with biodiesel
were sent questionnaires upon initiation.
F. UNION INTEREST
(158) In accordance with Article 21 of the basic Regulation,
(165) Three users of biodiesel responded to the user ques
the Commission examined whether, despite the
tionnaire but stated that biodiesel was a very small part
conclusion on injurious dumping, compelling reasons
of their overall business activity. They stated that as they
existed for concluding that it was not in the Union
would be legally obliged to purchase biodiesel and as
interest to adopt measures in this particular case. The
before, if a duty increased the price of biodiesel this
determination of the Union interest was based on an
would be passed on automatically to their customers.

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L 141/22
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Official Journal of the European Union
28.5.2013
(166) Given the limited amount of information available, the
(174) When calculating the amount of duty necessary to
imposition of measures should have an extremely limited
remove the effects of injurious dumping, it was
effect on the final consumer, given the small percentage
considered that any measures should allow the Union
of biodiesel that is mixed into the mineral diesel that
industry to cover its costs of production and to obtain
they purchase at the pump. No evidence was found
a profit before tax that could be reasonably achieved
that the imposition of measures would be clearly
under normal conditions of competition, i.e. in the
against the interests of either users, or consumers.
absence of dumped imports.
4. Interest of suppliers of raw materials
(175) For this purpose a profit margin of 15% on turnover
(167) One association of suppliers of raw materials, FEDIOL
could be regarded as an appropriate level which the
(the federation representing the European Vegetable Oil
Union industry could have expected to obtain in the
and Proteinmeal Industry in Europe), responded to the
absence of injurious dumping based on the findings of
questionnaire sent to suppliers of raw materials. They
the previous investigation concerning imports from the
stated that imports from the countries concerned have
United States of America, where it was deemed
reduced the demand for rapeseed oil across the Union,
reasonable for guaranteeing the productive investment
with demand falling by over 1 million tonnes between
for this industry in the long-term.
2009 and 2011.
(176) On this basis, a non-injurious price was calculated for the
(168) They consider that imposition of measures will have a
positive effect on the supplier industry in the EU as
Union industry of the like product. The non-injurious
capacity utilisation will increase. Any increase in
price has been obtained by adjusting the sales prices of
demand for rapeseed oil would then feed through to
the sampled Union producers by the actual profit/loss
the compound feed sector – as this is the residue from
made during the IP and by adding the above
rapeseed oil production and the farming sector in the EU
mentioned profit margin.
as the producer of rapeseed.
(177) The necessary price increase was then determined on the
(169) The evidence received therefore shows that imposition of
basis of a comparison of the weighted average import
measures would be in the interests of the raw material
price of the sampled exporting producers in the countries
suppliers in the Union.
concerned, as established for the price undercutting
calculations, with the non-injurious price of the like
5. Conclusion on Union interest
product sold by the sampled Union producers on the
Union market during the IP. Any difference resulting
(170) The imposition of measures on imports of biodiesel orig
from this comparison was then expressed as a percentage
inating in Argentina and Indonesia would clearly be in
of the total CIF import value.
the interests of the Union industry. It would allow the
Union industry to grow and to start to recover from the
injury caused by the dumped imports. However if no
2. Provisional measures
measures were to be imposed, the economic situation
of the Union industry would continue to deteriorate
(178) In accordance with Article 7(2) of the basic Regulation,
and more operators would go out of business.
provisional anti-dumping duties should be imposed in
Although no clear conclusions could be made with
respect of imports of biodiesel originating in Argentina
regard to users and importers, the imposition of
and Indonesia in accordance with the lesser duty rule, i.e.
measures should be in the interest of raw material
the lower of the two margins calculated, either dumping
suppliers.
or injury.
(171) No compelling reasons exist to show that it would be
(179) Anti-dumping duty rates have been established by
clearly against the Union interest to impose provisional
comparing the injury elimination margins and dumping
anti-dumping measures on imports of biodiesel orig
margins. Consequently, the provisional anti-dumping
inating in Argentina and Indonesia.
duty rates, expressed on the CIF Union border price,
customs duty unpaid, are as follows:
G. PROVISIONAL ANTI-DUMPING MEASURES
(172) In view of the conclusions reached with regard to
dumping, injury, causation and Union interest,
Provisional Provisional Provisional
anti-
provisional anti-dumping measures should be imposed
Country Company
dumping
injury
dumping
in order to prevent further injury being caused to the
margin
margin
duty rate
Union industry by the dumped imports.
Aceitera General
10,6% 27,8% 10,6%
1. Injury elimination level
Deheza S.A.,

Argentina General Deheza,
Rosario
(173) For the purpose of determining the level of these
measures, account was taken of the dumping margins
found and the amount of duty necessary to eliminate
Bunge Argentina
10,6% 27,8% 10,6%
S.A., Buenos
the injury sustained by the Union producers, without
Aires
exceeding them.

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/23
fixed amount in Euro per tonne net and apply this to the
Provisional Provisional Provisional
Country Company
dumping
injury
anti-
pure biodiesel imported, or the proportion of biodiesel in
margin
margin
dumping
the blended product.
duty rate
Louis Dreyfus
7,2% 30,9% 7,2%
(181) The individual company anti-dumping duty rates
Commodities
specified in this Regulation were established on the
S.A., Buenos
Aires
basis of the findings of the present investigation.
Therefore, they reflect the situation found during that
Molinos Río de la
6,8% 31,8% 6,8%
investigation with respect to these companies. These
Plata S.A.,
duty rates (as opposed to the country-wide duty
Buenos Aires
applicable to 'all other companies') are thus exclusively
applicable to imports of product concerned originating in
Oleaginosa
6,8% 31,8% 6,8%
the countries concerned and produced by the companies
Moreno
and thus by the specific legal entities mentioned.
Hermanos
Imported product concerned produced by any other
S.A.F.I.C.I. y A.,
company not specifically mentioned in the operative
Bahia Blanca
part of this Regulation, including entities related to
those specifically mentioned, cannot benefit from these
Vicentin S.A.I.C.,
6,8% 31,8% 6,8%
rates and shall be subject to the duty rate applicable to
Avellaneda
'all other companies'.
Other
7,9% 31% 7,9%
cooperating
(182) Any claim requesting the application of these individual
companies
company anti-dumping duty rates (e.g. following a
change in the name of the entity or following the
All other
10,6% 31,8% 10,6%
setting-up of new production or sales entities) should
companies
be addressed to the Commission ( 1 ) forthwith with all
relevant information, in particular any modification in
Indonesia PT. Ciliandra
0,0% 0,0%
Perkasa, Jakarta
the company's activities linked to production, domestic
and export sales associated with, for example, that name
PT. Musim Mas,
2,8% 23,3% 2,8%
change or that change in the production and sales
Medan
entities. If appropriate, the Regulation will accordingly
be amended by updating the list of companies benefiting
PT. Pelita Agung
5,3% 27,1% 5,3%
from individual duty rates.
Agrindustri,
Medan
(183) The Commission made imports of the product concerned
PT Wilmar
9,6% 26,4% 9,6%
originating in the countries concerned subject to regis
Bioenergi
tration by Commission Regulation (EU) No 79/2013 of
Indonesia, Medan
28 January 2013. This was in view of the possible retro
active application of anti-dumping measures, under
PT Wilmar
9,6% 26,4% 9,6%
Article 10(4) of the basic Regulation. No decision on
Nabati Indonesia,
the possible retroactive application of anti-dumping
Medan
measures can be taken at this stage in the proceeding.
Other
6,5% 25,3% 6,5%
cooperating
H. FINAL PROVISION
companies
(184) In the interests of sound administration, interested parties
All other
9,6% 27,1% 9,6%
which made themselves known within the time limit
companies
specified in the notice of initiation may make their
views known in writing and request a hearing within
one month from the publication of this Regulation.
The findings concerning the imposition of duties made
(180) However as the anti-dumping duty will also apply to
for the purposes of this Regulation are provisional and
blends that include biodiesel (in proportion to their
may be reconsidered for the purpose of any definitive
biodiesel content by weight), as well as to pure biodiesel,
measures,
it will be more accurate, and more appropriate for the
correct implementation of the duty by Customs auth
orities of the Member States, to express the duty as a
HAS ADOPTED THIS REGULATION:
Article 1
1. A
provisional
anti-dumping
duty
is
hereby
imposed
on
imports
of
fatty-acid
mono-
alkyl
esters
and/or
paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin, in pure form or as
( 1 ) European Commission, Directorate-General for Trade, Directorate H, 1049 Brussels, Belgium.

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L 141/24
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Official Journal of the European Union
28.5.2013
included in a blend, currently falling within CN codes ex 1516 20 98 (TARIC codes 1516 20 98 21,
1516 20 98 29 and 1516 20 98 30), ex 1518 00 91 (TARIC codes 1518 00 91 21, 1518 00 91 29 and
1518 00 91 30), ex 1518 00 95 (TARIC code 1518 00 95 10), ex 1518 00 99 (TARIC codes
1518 00 99 21, 1518 00 99 29 and 1518 00 99 30), ex 2710 19 43 (TARIC codes 2710 19 43 21,
2710 19 43 29 and 2710 19 43 30), ex 2710 19 46 (TARIC codes 2710 19 46 21, 2710 19 46 29 and
2710 19 46 30), ex 2710 19 47 (TARIC codes 2710 19 47 21, 2710 19 47 29 and 2710 19 47 30),
2710 20 11, 2710 20 15, 2710 20 17, ex 3824 90 97 (TARIC codes 3824 90 97 01, 3824 90 97 03
and 3824 90 97 04), 3826 00 10 and ex 3826 00 90 (TARIC codes 3826 00 90 11, 3826 00 90 19 and
3826 00 90 30), and originating in Argentina and Indonesia.
2. The
rates
of
the
provisional
anti-dumping
duty
applicable
to
the
product
described
in
paragraph
1
and
produced by the companies below shall be as follows:
Country Company
Provisional duty rate
Euro per tonne net
TARIC additional code
Aceitera General Deheza S.A.,
104,92 B782
Argentina
General Deheza, Rosario; Bunge
Argentina S.A., Buenos Aires
Louis Dreyfus Commodities S.A.,
69,16 B783
Buenos Aires
Molinos Río de la Plata S.A.,
65,24 B784
Buenos Aires; Oleaginosa
Moreno Hermanos S.A.F.I.C.I. y
A., Bahia Blanca; Vicentin
S.A.I.C., Avellaneda
Other cooperating companies:
75,97 B785
Cargill S.A.C.I., Buenos Aires;
Unitec Bio S.A., Buenos Aires;
Viluco S.A., Tucuman
All other companies 104,92 B999
Indonesia PT
Ciliandra
Perkasa,
Jakarta
0 B786
PT Musim Mas, Medan 24,99 B787
PT Pelita Agung Agrindustri,
45,65 B788
Medan
PT Wilmar Bioenergi Indonesia,
83,84 B789
Medan; PT Wilmar Nabati
Indonesia, Medan
Other cooperating companies:
57,14 B790
PT Cermerlang Energi Perkasa,
Jakarta
All other companies 83,84 B999
3. The anti-dumping duty on blends shall be applicable in proportion in the blend, by weight, of the
total content of fatty-acid mono- alkyl esters and paraffinic gasoils obtained from synthesis and/or hydro-
treatment, of non-fossil origin (biodiesel content).
4. In cases where goods have been damaged before entry into free circulation and, therefore, the price
actually paid or payable is apportioned for the determination of the customs value pursuant to Article 145
of Regulation (EEC) No 2454/93 ( 1 ) the amount of anti-dumping duty, calculated on the amounts set above,
shall be reduced by a percentage which corresponds to the apportioning of the price actually paid or
payable.
5. The release for free circulation in the European Union of the product referred to in paragraph 1 shall
be subject to the provision of a security, equivalent to the amount of the provisional duty.
( 1 ) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

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28.5.2013 Official
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of
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European
Union L
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6. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Article 2
1. Without
prejudice
to
Article
20
of
Council
Regulation
(EC)
No
1225/2009,
interested
parties
may
request disclosure of the essential facts and considerations on the basis of which this Regulation was
adopted, make their views known in writing and apply to be heard orally by the Commission within
one month of the date of entry into force of this Regulation.
2. Pursuant
to
Article
21(4)
of
Council
Regulation
(EC)
No
1225/2009,
the
parties
concerned
may
comment on the application of this Regulation within one month of the date of its entry into force.
Article 3
1. Customs
authorities
are
hereby
directed
to
discontinue
the
registration
of
imports
established
in
accordance with Article 1 of Commission Regulation (EU) No 79/2013.
2. Data collected regarding products which were entered for consumption not more than 90 days prior
to the date of entry into force of this regulation shall be kept until the entry into force of possible definitive
measures, or the termination of this proceeding.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the
European Union.
Article 1 of this Regulation shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 May 2013.
For the Commission
The President
José Manuel BARROSO

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