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11.4.2013 Official
Journal
of
the
European
Union L
102/13
COMMISSION REGULATION (EU) No 330/2013
of 10 April 2013
making imports of biodiesel originating in Argentina and Indonesia subject to registration
THE EUROPEAN COMMISSION,
pursuant to Article 24(5) of the basic Regulation so that
measures may subsequently be applied against those
imports from the date of such registration.
Having regard to the Treaty on the Functioning of the European
Union,
C. GROUNDS FOR THE REGISTRATION
(4) According
to
Article
24(5)
of
the
basic
Regulation,
the
Having regard to Council Regulation (EC) No 597/2009 of
Commission may, after consultation of the Advisory
11 June 2009 on protection against subsidised imports from
Committee, direct the customs authorities to take the
countries not members of the European Community (
appropriate steps to register imports, so that measures

1 ) (‘the
basic Regulation’), and in particular Articles 16(4) and 24(5)
may subsequently be applied against those imports from
thereof,
the date of such registration. Imports may be made
subject to registration following a request from the
Union industry which contains sufficient evidence to
justify such action.
After consulting the Advisory Committee,
(5) The
complainant
claimed
that
registration
is
justified
as
Whereas:
the product concerned was being subsidised and injury to
the Union industry, which is difficult to repair, was
caused by the surge in subsidised imports in a relatively
short period of time.
(1) On
10
November
2012,
the
European
Commission
(‘the
Commission’) announced by a notice published in the
Official Journal of the European Union ( 2 ) (‘notice of initi
ation’), the initiation of an anti-subsidy proceeding
(6) The
Commission
has
at
its
disposal
sufficient
prima
facie
evidence that imports of the product concerned from the
concerning imports of biodiesel originating in
countries concerned are being subsidised. In the anti-
Argentina and Indonesia (‘the countries concerned’)
subsidy complaint the Union industry provided
following a complaint lodged on 26 September 2012
evidence that the product concerned is being subsidised
by the European Biodiesel Board (‘the complainant’) on
in both countries concerned through a system of Differ
behalf of producers representing more than 25 % of the
total Union production of biodiesel.
ential Export Taxation. In both countries concerned an
export tax is charged on the raw material, at rates which
are higher than those charged on the export of biodiesel.
This approach effectively obliges the producers of the
A. PRODUCT CONCERNED
raw material to sell on the domestic market, thus
depressing prices and artificially reducing the costs of
(2) The
product
concerned
by
this
registration
is
the
same
as
the biodiesel producers. The evidence in the complaint
that defined in the notice of initiation, i.e. fatty-acid
provides sufficient support at this stage that the exporters
mono-alkyl esters and/or paraffinic gasoils obtained
in question are being subsidised in their exports of
from synthesis and/or hydro-treatment, of non-fossil
biodiesel.
origin, in pure form or as included in a blend,
currently falling within CN codes ex
1516
20
98,
ex 1518 00 91,
ex 1518 00 95,
ex 1518 00 99,
ex 2710 19 43,
ex 2710 19 46,
ex 2710 19 47,
(7) As
regards
injury,
the
Commission
has
at
its
disposal
2710 20 11, 2710 20 15, 2710 20 17, ex 3824 90 97,
sufficient prima facie evidence that the exporting
3826 00 10 and ex 3826 00 90, and originating in the
producers’ subsidisation is causing material injury to
countries concerned.
the Union industry, which is difficult to repair. This
evidence consists of detailed data, contained in the
anti-subsidy complaint and request for registration and
supported by information from the industry and public
B. REQUEST
sources, concerning the key injury factors set out in
Article 8(5) of the basic Regulation.
(3)
Following the publication of the notice of initiation, the
complainant requested in December 2012 that imports
of the product concerned are made subject to registration
(8) The
request
also
provides
sufficient
evidence
of
critical
( 1 ) OJ L 188, 18.7.2009, p. 93.
circumstances where, for the subsidised product in
( 2 ) OJ C 342, 10.11.2012, p. 12.
question, injury, which is difficult to repair, is caused

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L 102/14
EN
Official Journal of the European Union
11.4.2013
by massive imports benefiting from countervailable
duty, the declarant should indicate on the customs
subsidies in a relatively short period of time. Evidence
declaration the proportion in blends, by weight, of the
of such circumstances includes the rapid nature of the
total content of fatty-acid mono-alkyl esters and of
deterioration of the situation of the Union industry.
paraffinic gasoils obtained from synthesis and/or hydro-
treatment, of non-fossil origin (biodiesel content).
(9)
The level of imports of biodiesel from the countries
concerned reaches a peak during spring and summer
as, due to its physical and chemical properties, the use
F. PROCESSING OF PERSONAL DATA
of these products is limited when temperatures are low.
(16) Any
personal
data
collected
in
this
investigation
will
be
In view of the initiation of the current proceeding, it is
treated in accordance with Regulation (EC) No 45/2001
likely that the exporting producers will negotiate
of the European Parliament and of the Council of
contracts with EU importers for sales of increased
18 December 2000 on the protection of individuals
volumes of biodiesel prior to the adoption of provisional
with regard to the processing of personal data by the
measures, if any, and inventories will be rapidly built up
Community institutions and bodies and on the free
by importers. The period prior to the initiation also
movement of such data (
showed a strong increase of imports.

1 ),

(10) In
view
of
the
above,
it
may
be
necessary,
in
order
to
HAS ADOPTED THIS REGULATION:
preclude the recurrence of such injury, to assess counter
vailing duties, if any, retroactively on those imports.
Article 1
D. PROCEDURE
1. The
Customs
authorities
shall,
pursuant
to
Article
24(5)
of
(11) In view of the above, the Commission has concluded that
Regulation (EC) No 597/2009, take the appropriate steps to
the complainant provided sufficient evidence to justify
register the imports into the Union of fatty-acid mono-alkyl
making imports of the product concerned subject to
esters and/or paraffinic gasoils obtained from synthesis and/or
registration in accordance with Article 24(5) of the
hydro-treatment, of non-fossil origin, in pure form or as
basic Regulation.
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),
(12) All
interested
parties
are
invited
to
make
their
views
ex 1518 00 95 (TARIC code 1518 00 95 10), ex 1518 00 99
known in writing and to provide supporting evidence.
(TARIC
codes
1518 00 99 21,
1518 00 99 29
and
Furthermore, the Commission may hear interested
1518 00 99 30), ex 2710 19 43 (TARIC codes 2710 19 43 21,
parties, provided that they make a request in writing
2710 19 43 29 and 2710 19 43 30), ex 2710 19 46 (TARIC
and show that there are particular reasons why they
codes 2710 19 46 21, 2710 19 46 29 and 2710 19 46 30),
should be heard.
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),
(13) Pursuant
to
Article
24(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-subsidy duties, those duties should, if the necessary
conditions are fulfilled, be levied retroactively in
accordance with applicable legal provisions.
The declarant shall indicate on the customs declaration the
proportion in the blend, by weight, of the total content of
fatty-acid mono-alkyl esters and of paraffinic gasoils obtained
(14) Any
future
liability
would
emanate
from
the
findings
of
from synthesis and/or hydro-treatment, of non-fossil origin
the anti-subsidy investigation. The allegations in the
(biodiesel content).
complaint requesting the initiation of an investigation
mentions subsidy margins of 18 % for Indonesia, and
30 % for Argentina, and injury margins between 28,5
and 29,5 % for Argentina and between 35,5 and
2. All
interested
parties
are
invited
to
make
their
views
37,5 % for Indonesia.
known in writing, to provide supporting evidence or to
request to be heard within 20 days from the date of publication
of this Regulation.
(15) In
order
that
the
registration
is
sufficiently
effective
in
view of eventual retroactive levying of an anti-subsidy
( 1 ) OJ L 8, 12.1.2001, p. 1.

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EN
11.4.2013 Official
Journal
of
the
European
Union L
102/15
Article 2
This Regulation shall enter into force on the day following that 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, 10 April 2013.
For the Commission
The President
José Manuel BARROSO

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