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26.11.2013 Official
Journal
of
the
European
Union L
315/67
COMMISSION REGULATION (EU) No 1198/2013
of 25 November 2013
terminating the anti-subsidy proceeding concerning imports of biodiesel originating in Argentina
and Indonesia and repealing Regulation (EU) No 330/2013 making such imports subject to
registration
THE EUROPEAN COMMISSION,
(6) On
10
April
2013,
the
Commission
made
imports
of
biodiesel originating in Argentina and Indonesia subject
to registration under Commission Regulation (EU)
Having regard to the Treaty on the Functioning of the European
No 330/2013 ( 3 ).
Union,
Having regard to Council Regulation (EC) No 597/2009 of
2. WITHDRAWAL OF THE COMPLAINT AND
11 June 2009 on protection against subsidised imports from
TERMINATION OF THE PROCEEDING
countries not members of the European Community ( 1 ) (‘the
(7) By
a
letter
dated
7
October
2013
to
the
Commission,
the
basic Regulation’), and in particular Article 14 and 24 thereof,
complainant formally withdrew its complaint.
After consulting the Advisory Committee,
(8) In
accordance
with
Article
14(1)
of
the
basic
Regulation,
the proceeding may be terminated where the complaint
Whereas:
is withdrawn, unless such termination would not be in
the Union interest.
1. PROCEDURE
(9)
The investigation had not brought to light any consider
(1) On
27
September
2012,
the
European
Commission
(‘the
ations showing that such termination would be against
Commission’) received a complaint concerning the
the Union interest. Therefore the Commission considered
alleged injurious subsidisation of production of
that the present proceeding should be terminated.
biodiesel originating in Argentina and Indonesia, which
Interested parties were informed accordingly and were
was lodged pursuant to Article 10 of the basic Regu
given an opportunity to comment. However, the
lation by the European Biodiesel Board (‘the
Commission received no comments which would lead
complainant’) on behalf of producers representing more
to the conclusion that such termination would not be
than 25 % of the total Union production of biodiesel.
in the Union interest.
(2) The
complaint
contained
prima
facie
evidence
of
subsidy (10) The Commission therefore concludes that the anti-
of the said product and of material injury resulting
subsidy proceeding concerning imports into the Union
therefrom, which was considered sufficient to justify
of biodiesel originating in Argentina and Indonesia
the initiation of an investigation.
should be terminated.
(3) On
10
November
2012,
the
Commission
announced,
by
a notice published in the Official Journal of the European
(11) The registration of imports of biodiesel originating in
Union (‘the notice of initiation’), the initiation of an anti-
Argentina and Indonesia, established in application of
subsidy proceeding against imports into the Union of
Article 1 of Regulation (EU) No 330/2013, should
biodiesel originating in Argentina and Indonesia (
therefore be discontinued and the said Regulation

2 ).
repealed,
(4) The
Commission
officially
advised
the
complainant,
other
known Union producers, the known exporting producers
HAS ADOPTED THIS REGULATION:
in Argentina and Indonesia, known importers, suppliers,
distributors, users and associations known to be
concerned, and the authorities of Argentina and
Article 1
Indonesia of the initiation of the proceeding. Interested
parties were invited to make their views known in
The anti-subsidy proceeding concerning imports of fatty-acid
writing and to request a hearing within the time limit
mono-alkyl esters and/or paraffinic gasoils obtained from
set in the notice of initiation.
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,
ex 1518 00 91,
ex 1518 00 95,
(5) All
interested
parties,
who
so
requested
and
showed
that ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 2710 19 47,
there were particular reasons why they should be heard,
2710 20 11,
2710 20 15,
2710 20 17,
ex 3824 90 97,
were granted a hearing.
3826 00 10 and ex 3826 00 90, and originating in Argentina
and Indonesia, is hereby terminated.
( 1 ) OJ L 188, 18.7.2009, p. 93.
( 2 ) OJ C 342, 10.11.2012, p. 12.
( 3 ) OJ L 102, 11.4.2013, p. 13.

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L 315/68
EN
Official Journal of the European Union
26.11.2013
Article 2
Customs authorities are directed to discontinue the registration of imports, established in application of
Article 1 of Regulation (EU) No 330/2013.
Article 3
Regulation (EU) No 330/2013 is repealed.
Article 4
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, 25 November 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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