HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 27/10
EN
Official Journal of the European Union
29.1.2013
COMMISSION REGULATION (EU) No 79/2013
of 28 January 2013
making imports of biodiesel originating in Argentina and Indonesia subject to registration
THE EUROPEAN COMMISSION,
C. GROUNDS FOR THE REGISTRATION
(4) According
to
Article
14(5)
of
the
basic
Regulation,
the
Commission may, after consultation of the Advisory
Having regard to the Treaty on the Functioning of the European
Committee, direct the customs authorities to take the
Union,
appropriate steps to register imports, so that measures
may subsequently be applied against those imports from
the date of such registration. Imports may be made
Having regard to Council Regulation (EC) No 1225/2009 of
subject to registration following a request from the
30 November 2009 on protection against dumped imports
Union industry which contains sufficient evidence to
from countries not members of the European Community ( 1 )
justify such action.
(‘the basic Regulation’), and in particular Articles 10(4) and
14(5) thereof,
After consulting the Advisory Committee,
(5) The
complainant
claimed
that
registration
is
justified
as
the product concerned was dumped and injury to the
Union industry was caused by the surge in dumped
imports in a relatively short period of time.
Whereas:
(1) On
29
August
2012,
the
European
Commission
(‘the
Commission’) announced by a notice published in the
(6) As
regards
dumping,
the
Commission
has
at
its
disposal
Official Journal of the European Union (
sufficient prima facie evidence that imports of the

2 ) (‘notice of initi
ation’), the initiation of an anti-dumping proceeding
product concerned from the countries concerned are
concerning imports of biodiesel originating in
being dumped. In the anti-dumping complaint and
Argentina and Indonesia (‘the countries concerned’)
request for registration, the evidence regarding export
following a complaint lodged on 17 July 2012 by the
prices from both countries, based on Eurostat data,
European Biodiesel Board (‘the complainant’) on behalf of
covers the period from April 2011 to March 2012.
producers representing more than 25 % of the total
The evidence regarding normal value, contained in the
Union production of biodiesel.
anti-dumping complaint and request for registration,
consists for both countries of domestic prices. The
complainant also provided a constructed normal value
based on total cost of production plus a reasonable
A. PRODUCT CONCERNED
amount for selling, general and administrative expenses
and for profits. Indeed it has been argued that the export
(2)
The product concerned by this registration is the same as
taxes on the soybean oil or palm oil, in Argentina and
that defined in the notice of initiation, i.e. fatty-acid
Indonesia respectively, distort the domestic market by
mono-alkyl esters and/or paraffinic gasoils obtained
lowering the raw materials prices. As a whole, and
from synthesis and/or hydro-treatment, of non-fossil
given the extent of the dumping margin alleged, this
origin, in pure form or as included in a blend,
evidence provides sufficient support at this stage that
currently falling within CN codes ex
1516
20
98,
the exporters in question practice dumping.
ex 1518 00 91,
ex 1518 00 95,
ex 1518 00 99,
ex 2710 19 43,
ex 2710 19 46,
ex 2710 19 47,
2710 20 11, 2710 20 15, 2710 20 17, ex 3824 90 97,
3826 00 10 and ex 3826 00 90, and originating in
Argentina and Indonesia.
(7) As
regards
injury,
the
Commission
has
at
its
disposal
sufficient prima facie evidence that the exporters’
dumping practices are causing material injury. This
B. REQUEST
evidence consists of detailed data, contained in the
anti-dumping complaint and request for registration
(3)
Following the publication of the notice of initiation, the
and supported by information from the industry and
complainant requested in September 2012 that imports
public sources, concerning the key injury factors set
of the product concerned are made subject to registration
out in Article 3(5) of the basic Regulation.
pursuant to Article 14(5) of the basic Regulation so that
measures may subsequently be applied against those
imports from the date of such registration.
( 1 ) OJ L 373, 22.12.2009, p. 51.
(8) The
Commission
also
has
at
its
disposal
sufficient
prima
( 2 ) OJ C 260, 29.8.2012, p. 8.
facie evidence, contained in the anti-dumping complaint

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EN
29.1.2013 Official
Journal
of
the
European
Union L
27/11
and request for registration and supported by
conditions are fulfilled, be levied retroactively in
information from other sources, that the importers
accordance with applicable legal provisions.
were aware, or should have been aware, that the
exporters practice dumping injurious to or likely to be
injurious to the Union. Several articles in the specialist
press over an extended period of time suggested that the
(13) Any
future
liability
would
emanate
from
the
findings
of
Union industry may have been suffering injury as a result
the anti-dumping investigation. The allegations in the
of low priced imports from Argentina and Indonesia.
complaint requesting the initiation of an investigation
Finally, given the extent of the dumping that may be
mentions dumping margins ranging between 18 and
occurring, it is reasonable to conclude that the
29 % for Indonesia, between 40 and 50 % for Argentina,
importers would be aware, or should be aware, of the
and injury margins between 28,5 and 29,5 % for
situation.
Argentina and between 35,5 and 37,5 % for Indonesia.
(14) In
order
that
the
registration
is
sufficiently
effective
in
(9) Furthermore,
the
Commission
has
at
its
disposal
view of eventual retroactive levying of an anti-dumping
sufficient prima facie evidence that such injury is being
duty, the declarant should indicate on the customs
caused or would be caused by massive dumped imports
declaration the proportion in blends, by weight, of the
in a relatively short time which in light of the timing and
total content of fatty-acid mono-alkyl esters and of
the volume of the dumped imports and other circum
paraffinic gasoils obtained from synthesis and/or hydro-
stances (such as the rapid build-up of inventories) would
treatment, of non-fossil origin (biodiesel content).
be likely to seriously undermine the remedial effect of
any definitive anti-dumping duties, unless such duties
would be applied retroactively. The level of imports of
biodiesel from Argentina and Indonesia reaches a peak
F. PROCESSING OF PERSONAL DATA
during spring and summer as, due to its physical and
chemical properties, the use of these products is limited
(15) Any
personal
data
collected
in
this
investigation
will
be
when temperatures are low. In view of the initiation of
treated in accordance with Regulation (EC) No 45/2001
the current proceeding, it is likely that the exporting
of the European Parliament and the Council of
producers will negotiate contracts with EU importers
18 December 2000 on the protection of individuals
for sales of increased volumes of biodiesel prior to the
with regard to the processing of personal data by the
adoption of provisional measures, if any, and inventories
Community institutions and bodies and on the free
will be rapidly built up by importers. The period prior to
movement of such data ( 1 ),
the initiation also showed a strong increase of imports.
HAS ADOPTED THIS REGULATION:
D. PROCEDURE
(10) In view of the above, the Commission has concluded that
Article 1
the complainant provided sufficient evidence to justify
making imports of the product concerned subject to
1. The
Customs
authorities
are
hereby
directed,
pursuant
to
registration in accordance with Article 14(5) of the
Article 14(5) of Regulation (EC) No 1225/2009, to take the
basic Regulation.
appropriate steps to register the imports into the Union 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 included in a blend, currently falling within CN
codes
ex 1516 20 98
(TARIC
codes
1516 20 98 21,
(11) All
interested
parties
are
invited
to
make
their
views
1516 20 98 29 and 1516 20 98 30), ex 1518 00 91 (TARIC
known in writing and to provide supporting evidence.
codes 1518 00 91 21, 1518 00 91 29 and 1518 00 91 30),
Furthermore, the Commission may hear interested
ex 1518 00 95 (TARIC code 1518 00 95 10), ex 1518 00 99
parties, provided that they make a request in writing
(TARIC
codes
1518 00 99 21,
1518 00 99 29
and
and show that there are particular reasons why they
1518 00 99 30), ex 2710 19 43 (TARIC codes 2710 19 43 21,
should be heard.
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
E. REGISTRATION
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),
(12) Pursuant
to
Article
14(5)
of
the
basic
Regulation,
imports
and originating in Argentina and Indonesia. Registration shall
of the product concerned should be made subject to
expire nine months following the date of entry into force of this
registration in order to ensure that, should the investi
Regulation.
gation result in findings leading to the imposition of
anti-dumping duties, those duties, can, if the necessary
( 1 ) OJ L 8, 12.1.2001, p. 1.

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L 27/12
EN
Official Journal of the European Union
29.1.2013
The declarant shall indicate on the customs declaration the
request to be heard within 20 days from the date of publication
proportion in the blend, by weight, of the total content of
of this Regulation.
fatty-acid mono-alkyl esters and of paraffinic gasoils obtained
from synthesis and/or hydro-treatment, of non-fossil origin
(biodiesel content).
Article 2
2. All
interested
parties
are
invited
to
make
their
views This Regulation shall enter into force on the day following that
known in writing, to provide supporting evidence or to
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 January 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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