17.9.2004   

EN

Official Journal of the European Union

L 294/1

(1)

The Treaty establishing the European Coal and Steel Community (ECSC Treaty) expired on 23 July 2002. Products, which were previously covered by the ECSC Treaty, are subject to the Treaty establishing the European Community since 24 July 2002. Further to Regulation (EC) No 963/2002, all anti-dumping investigations pending at that date are therefore now governed by the Basic Regulation.

(2)

In February 2000, by Commission Decision No 283/2000/ECSC (3), the Commission imposed definitive anti dumping duties on imports of certain flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled (hereinafter referred to as hot-rolled coils), originating in Bulgaria, India, Taiwan, South Africa, and Serbia and Montenegro.

(3)

Pursuant to Article 5 of Decision No 2277/96/ECSC (4) (the ECSC Decision), the Commission on 20 December 2001 announced by a notice published in the Official Journal of the European Communities  (5) the initiation of an anti-dumping proceeding with regard to imports into the Community of hot-rolled coils originating in Egypt, Hungary, Iran, Libya, Slovakia and Turkey.

(4)

Pursuant to Article 11(3) of the ECSC Decision, the Commission on 20 December 2001 announced by a notice published in the Official Journal of the European Communities  (6), the initiation of a review of the definitive anti-dumping duties and undertakings imposed by Commission Decision No 283/2000/ECSC as amended by Commission Decision No 1043/2002/ECSC (7) on imports of hot-rolled coils originating in Bulgaria and South Africa.

(5)

The Commission, after investigation, proposed that the Council impose definitive anti-dumping measures on imports of hot-rolled coils originating in Egypt, Slovakia and Turkey. However, the Council did not adopt the proposal within the time limits laid down in the Basic Regulation. As a result, definitive measures were not imposed on imports from Egypt, Slovakia and Turkey.

(6)

It is a general, fundamental principle of Community law to treat similar situations in a non discriminatory way. This principle is reflected by Article 9(5) of the Basic Regulation, which provides that anti-dumping duties are to be imposed on a non-discriminatory basis on imports of a product from all sources found to be dumped and causing injury.

(7)

Therefore, it was concluded that, in the absence of measures on the imports originating in Egypt, Slovakia and Turkey, the imposition of any measures on imports originating in Bulgaria and South Africa as a result of the review mentioned in recital 4 would have been discriminatory towards these two countries.

(8)

By Council Regulation (EC) No 1616/2004 (8), the Council therefore terminated the review mentioned under recital 4 without imposing any measures on imports of hot-rolled coils originating in Bulgaria and South Africa.

(9)

Decision 283/2000/ECSC imposed definitive anti-dumping duties also on imports of hot-rolled coils originating in India, Taiwan and Serbia and Montenegro.

(10)

In order to ensure a coherent approach and to respect the abovementioned principle of non-discrimination as reflected by Article 9(5) of the Basic Regulation, it is therefore necessary to terminate the existing anti-dumping proceedings concerning imports of hot-rolled coils originating in Taiwan, India and Serbia and Montenegro.

(11)

The investigation concerning, inter alia, Egypt, Slovakia and Turkey had to be concluded on 20 March 2003, either by the imposition of measures or the termination of the proceedings. Given that the same treatment should be applied to the imports originating in Taiwan, Serbia and Montenegro, and India, the anti-dumping proceedings concerning imports of hot-rolled coils originating in these three countries should be terminated with retroactive effect as from 20 March 2003,

17.9.2004   

EN

Official Journal of the European Union

L 294/3

(1)

The Treaty establishing the European Coal and Steel Community (ECSC Treaty) expired on 23 July 2002. Products, which were previously covered by the ECSC Treaty, are subject to the Treaty establishing the European Community since 24 July 2002. Further to Regulation (EC) No 963/2002, all anti-dumping investigations pending at that date are therefore now governed by the basic Regulation.

(2)

In February 2000, by Commission Decision No 283/2000/ECSC (3), the Commission imposed definitive anti-dumping duties on imports of certain flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled (hot-rolled coils), originating in Bulgaria, India, Taiwan, South Africa, and Serbia and Montenegro and accepted a minimum price undertaking offered by certain exporting producers in Bulgaria, India and in South Africa.

(3)

Pursuant to Article 11(3) of Decision No 2277/96/ECSC (4) (the ECSC Decision), and further to a complaint lodged in November 2001 by Eurofer (European Confederation of Iron and Steel Industries) (the complainant), the Commission on 20 December 2001 announced by a notice published in the Official Journal of the European Communities  (5), the initiation of a review of the definitive anti-dumping duties and undertakings imposed by Decision No 283/2000/ECSC as amended by Commission Decision No 1043/2002/ECSC on imports of hot-rolled coils originating in Bulgaria and South Africa (6).

(4)

Further to a complaint lodged by Eurofer, the Commission on 20 December 2001 announced by a notice published in the Official Journal of the European Communities  (7) also the initiation of an anti-dumping proceeding pursuant to Article 5 of the ECSC Decision with regard to imports into the Community of the same product (hot-rolled coils) originating in Egypt, Hungary, Iran, Libya, Slovakia and Turkey.

(5)

In the parallel anti-dumping investigation concerning imports into the Community of hot rolled coils originating in Egypt, Hungary, Iran, Libya, Slovakia and Turkey, the Commission, after investigation, proposed that the Council impose definitive anti-dumping measures on imports of hot rolled coils originating in Egypt, Slovakia and Turkey. However, the Council did not adopt the proposal within the time limits laid down in the basic Regulation. As a result, definitive measures were not imposed on imports from Egypt, Slovakia and Turkey.

(6)

It is a general, fundamental principle of Community law to treat similar situations in a non-discriminatory way. This principle is reflected by Article 9(5) of the basic Regulation, which provides that anti-dumping duties are to be imposed on a non-discriminatory basis on imports of a product from all sources found to be dumped and causing injury.

(7)

Therefore, it is concluded that, in the absence of measures on Egypt, Slovakia and Turkey, the imposition of any measures on imports originating in Bulgaria and South Africa as a result of the present investigation would be discriminatory towards these two countries.

(8)

In consideration of the foregoing, in order to ensure a coherent approach and to respect the principle of non-discrimination as reflected by Article 9(5) of the basic Regulation, it is necessary to terminate the proceedings concerning imports of hot-rolled coils originating in Bulgaria and South Africa, without imposition of anti-dumping duties.

(9)

The new investigation concerning Egypt, Slovakia and Turkey had to be concluded by 20 March 2003, either by the imposition of measures or the termination of the proceedings. The investigation concerning imports originating in Bulgaria and South Africa showed similar conclusions and should therefore be treated in the same way. Consequently, the proceedings concerning hot-rolled coils originating in Bulgaria and South Africa should be terminated without the re-imposition of anti-dumping measures, with retroactive effect as from 20 March 2003,

17.9.2004   

EN

Official Journal of the European Union

L 294/5

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

17.9.2004   

EN

Official Journal of the European Union

L 294/7

(1)

The export refunds on white sugar and raw sugar exported in the natural state were fixed by Commission Regulation (EC) No 1585/2004 (2).

(2)

Since the data currently available to the Commission are different to the data at the time Regulation (EC) No 1585/2004 was adopted, those refunds should be adjusted,

17.9.2004   

EN

Official Journal of the European Union

L 294/9

(1)

Commission Regulation (EC) No 1327/2004 of 19 July 20043rd on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

17.9.2004   

EN

Official Journal of the European Union

L 294/10

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2004/2005 marketing year are fixed by Commission Regulation (EC) No 1210/2004 (3). These prices and duties have last been amended by Commission Regulation (EC) No 1605/2004 (4).

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 1423/95,

17.9.2004   

EN

Official Journal of the European Union

L 294/12

(1)

Article 31 of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

(2)

Regulation (EC) No 1255/1999 provides that when the refunds on the products listed in Article 1 of the abovementioned Regulation, exported in the natural state, are being fixed, account must be taken of:

(3)

Article 31(5) of Regulation (EC) No 1255/1999 provides that when prices within the Community are being determined account should be taken of the ruling prices which are most favourable for exportation, and that when prices in international trade are being determined particular account should be taken of:

(4)

Article 31(3) of Regulation (EC) No 1255/1999 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of the abovementioned Regulation according to destination.

(5)

Article 31(3) of Regulation (EC) No 1255/1999 provides that the list of products on which export refunds are granted and the amount of such refunds should be fixed at least once every four weeks; the amount of the refund may, however, remain at the same level for more than four weeks.

(6)

In accordance with Article 16 of Commission Regulation (EC) No 174/1999 of 26 January 1999 on specific detailed rules for the application of Council Regulation (EC) No 804/68 as regards export licences and export refunds on milk and milk products (2), the refund granted for milk products containing added sugar is equal to the sum of the two components; one is intended to take account of the quantity of milk products and is calculated by multiplying the basic amount by the milk products content in the product concerned; the other is intended to take account of the quantity of added sucrose and is calculated by multiplying the sucrose content of the entire product by the basic amount of the refund valid on the day of exportation for the products listed in Article 1(1)(d) of Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (3), however, this second component is applied only if the added sucrose has been produced using sugar beet or cane harvested in the Community.

(7)

Commission Regulation (EEC) No 896/84 (4) laid down additional provisions concerning the granting of refunds on the change from one milk year to another; those provisions provide for the possibility of varying refunds according to the date of manufacture of the products.

(8)

For the calculation of the refund for processed cheese provision must be made where casein or caseinates are added for that quantity not to be taken into account.

(9)

It follows from applying the rules set out above to the present situation on the market in milk and in particular to quotations or prices for milk products within the Community and on the world market that the refund should be as set out in the Annex to this Regulation.

(10)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

17.9.2004   

EN

Official Journal of the European Union

L 294/20

(1)

Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 15 September 2004.

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

17.9.2004   

EN

Official Journal of the European Union

L 294/22

(1)

Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds for skimmed milk powder (2) provides for a permanent tender.

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 15 September 2004.

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman,

17.9.2004   

EN

Official Journal of the European Union

L 294/23

(1)

Article 13 of Regulation (EEC) No 2759/75 provides that the difference between prices on the world market for the products listed in Article 1(1) of that Regulation and prices for these products within the Community may be covered by an export refund.

(2)

It follows from applying these rules and criteria to the present situation on the market in pigmeat that the refund should be fixed as set out below.

(3)

In the case of products falling within CN code 0210 19 81, the refund should be limited to an amount which takes account of the qualitative characteristics of each of the products falling within these codes and of the foreseeable trend of production costs on the world market. It is important that the Community should continue to take part in international trade in the case of certain typical Italian products falling within CN code 0210 19 81.

(4)

Because of the conditions of competition in certain third countries, which are traditionally importers of products falling within CN codes 1601 00 and 1602, the refund for these products should be fixed so as to take this situation into account. Steps should be taken to ensure that the refund is granted only for the net weight of the edible substances, to the exclusion of the net weight of the bones possibly contained in the said preparations.

(5)

Article 13 of Regulation (EEC) No 2759/75 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund on the products listed in Article 1 of Regulation (EEC) No 2759/75 according to destination.

(6)

The refunds should be fixed taking account of the amendments to the refund nomenclature established by Commission Regulation (EEC) No 3846/87 (2).

(7)

Refunds should be granted only on products that are allowed to circulate freely within the Community. Therefore, to be eligible for a refund, products should be required to bear the health mark laid down in Council Directive 64/433/EEC (3), Council Directive 94/65/EC (4) and Council Directive 77/99/EEC (5).

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,

—

Chapter XI of Annex I to Directive 64/433/EEC,

—

Chapter VI of Annex I to Directive 94/65/EC,

—

Chapter VI of Annex B to Directive 77/99/EEC.

17.9.2004   

EN

Official Journal of the European Union

L 294/25

(1)

Commission Regulation (EC) No 1431/2004 (2) opens an invitation to tender setting the indicative refund rates and indicative quantities for system A3 export licences, which may be issued, other than those tendered for as part of food aid.

(2)

In the light of the tenders submitted, the maximum refund rates and the percentages of quantities to be awarded for tenders quoting those maximum rates should be set.

(3)

In the case of table grapes, the maximum rate necessary to award licences for the indicative quantity up to the quantities tendered for is more than one-and-a-half times the indicative refund rate. The rate must therefore be set in accordance with Article 4(4) of Commission Regulation (EC) No 1961/2001 of 8 October 2001 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards export refunds on fruit and vegetables (3).

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for fresh Fruit and Vegetables,

17.9.2004   

EN

Official Journal of the European Union

L 294/27

(1)

An invitation to tender for the maximum reduction in the duty on sorghum imported into Spain was opened pursuant to Commission Regulation (EC) No 238/2004 (2).

(2)

Pursuant to Article 7 of Commission Regulation (EC) No 1839/95 (3), as last amended by Regulation (EC) No 2235/2000 (4), the Commission, acting under the procedure laid down in Article 25 of Regulation (EC) No 1784/2003, may decide to fix a maximum reduction in the import duty. In fixing this maximum the criteria provided for in Articles 6 and 7 of Regulation (EC) No 1839/95 must be taken into account. Whereas a contract is awarded to any tenderer whose tender is equal to or less than the maximum reduction in the duty.

(3)

The application of the abovementioned criteria to the current market situation for the cereal in question results in the maximum reduction in the import duty being fixed at the amount specified in Article 1.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

17.9.2004   

EN

Official Journal of the European Union

L 294/28

(1)

The contents of Annex IX to Directive 76/768/EEC should be established for the purpose of listing those alternative methods to animal testing that have been validated by the European Centre on Validation of Alternative Methods (ECVAM) of the Joint Research Centre and that are not listed in Annex V to Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2).

(2)

As animal testing may not be replaced completely by an alternative method, it should be mentioned in Annex IX whether the alternative method fully or partially replaces animal testing.

(3)

Directive 76/768/EEC should therefore be amended accordingly.

(4)

There are at present, no alternative methods validated by ECVAM, other than those listed in Annex V to Council Directive 67/548/EEC.

(5)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

17.9.2004   

EN

Official Journal of the European Union

L 294/30

(1)

A new Commission, consisting of one national of each Member State, must be appointed for the period from 1 November 2004 to 31 October 2009.

(2)

On 29 June 2004 the Council, meeting in the composition of the Heads of State or Government, nominated Mr José Manuel DURÃO BARROSO as the person it intends to appoint as President of the Commission for the period from 1 November 2004 to 31 October 2009 (1).

(3)

The European Parliament approved that nomination by a resolution dated 22 July 2004.

(4)

The list of other persons whom the Council intends to appoint as Members of the Commission for a period of five years from 1 November 2004 to 31 October 2009 should be adopted by common accord with the nominee for President of the Commission.

(5)

The entry into force of the Treaty establishing a Constitution for Europe will entail the expiry of the term of the Member of the Commission who has the same nationality as the future European Union Minister for Foreign Affairs, who will be a Vice-President of the Commission,

Mr Joaquín ALMUNIA AMANN

Mr Jacques BARROT

Mr Joe BORG

Mr Rocco BUTTIGLIONE

Mr Stavros DIMAS

Ms Benita FERRERO-WALDNER

Mr Ján FIGEĽ

Ms Mariann FISCHER BOEL

Ms Dalia GRYBAUSKAITĖ

Ms Danuta HÜBNER

Mr Siim KALLAS

Mr László KOVÁCS

Ms Neelie KROES

Mr Markos KYPRIANOU

Mr Peter MANDELSON

Mr Charlie McCREEVY

Mr Louis MICHEL

Mr Janez POTOČNIK

Ms Viviane REDING

Mr Olli REHN

Mr Vladimír ŠPIDLA

Ms Ingrida UDRE

Mr Günter VERHEUGEN

Ms Margot WALLSTRÖM.