L 288 Official Journal
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ISSN 1725-2555 Official Journal L 288 of the European Union Volume 50 English edition Legislation 6 November 2007 Contents I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory REGULATIONS ★ Council Regulation (EC) No 1292/2007 of 30 October 2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and terminating a partial interim review of such imports pursuant to Article 11(3) of Regulation (EC) No 384/96 ......................................................................................... 1 ★ Council Regulation (EC) No 1293/2007 of 30 October 2007 repealing the anti-dumping duties imposed by Regulation (EC) No 1050/2002 on imports of recordable compact discs originating in Taiwan and allowing for their repayment or remission and repealing the countervailing duties imposed by Regulation (EC) No 960/2003 on imports of recordable compact discs originating in India, allowing for their repayment or remission and terminating the proceeding in their respect ................................................................................... 17 Commission Regulation (EC) No 1294/2007 of 5 November 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables ............................... 20 ★ Commission Regulation (EC) No 1295/2007 of 5 November 2007 making imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China subject to registration ........................................................ 22 ★ Commission Regulation (EC) No 1296/2007 of 5 November 2007 establishing a prohibition of fishing for cod in Skagerrak by vessels flying the flag of Sweden ............................. 25 (Continued overleaf) 2 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. Contents (continued) DIRECTIVES ★ Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (1) .............................................. 27 II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory DECISIONS Commission 2007/710/EC: ★ Commission Decision of 29 October 2007 amending Appendix B of Annex VII to the Act of Accession of Bulgaria and Romania as regards certain establishments in the meat, poultrymeat, fish and milk and milk products sectors in Romania (notified under document number C(2007) 5210) (1)................................................................................... 35 III Acts adopted under the EU Treaty ACTS ADOPTED UNDER TITLE V OF THE EU TREATY 2007/711/CFSP: ★ Political and Security Committee Decision BiH/11/2007 of 25 September 2007 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina ......................................................................... 60 EN (1) Text with EEA relevance 6.11.2007EN Official Journal of the European Union L 288/1 I (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 1292/2007 of 30 October 2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and terminating a partial interim review of such imports pursuant to Article 11(3) of Regulation (EC) No 384/96 THE COUNCIL OF THE EUROPEAN UNION, rate of 17,3 % imposed on imports from all other companies. The investigation that led to Regulation (EC) No 1676/2001 as modified will be referred to as ‘the original investigation’. Having regard to the Treaty establishing the European Community, (2) The measures imposed on imports from India in the Having regard to Council Regulation (EC) No 384/96 of 22 original investigation were extended by Council Regu- December 1995 on protection against dumped imports from lation (EC) No 1975/2004 (4) to imports of PET film 1 countries not members of the European Community ( ) (the consigned from Brazil and from Israel, whether basic Regulation), and in particular Articles 11(2) and 11(3) declared as originating in Brazil or Israel. thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, (3) The Commission, by Decision 2001/645/EC (5) accepted undertakings offered by five Indian producers in connection with the original investigation. These under- takings were repealed by Decision 2006/173/EC (6). Whereas: A. PROCEDURE (4) The Council, by Regulation (EC) No 367/2006 as last 1. Measures in force amended by Council Regulation (EC) No 1124/2007 (7) imposed a definitive countervailing duty on imports of (1) The Council, by Regulation (EC) No 1676/2001 (2) as last PET film originating in India. The measures took the amended by Council Regulation (EC) No 1424/2006 (3) form of ad valorem duties ranging between 7 % and imposed a definitive anti-dumping duty on imports of 19,1 % imposed on imports from individually named polyethylene terephthalate (PET) film originating, inter exporters, with a residual duty rate of 19,1 % imposed alia, in India. The measures, subject to the present on imports from all other companies. The investi- reviews, consisted of an ad valorem anti-dumping duty gation that led to Regulation (EC) No 367/2006 as ranging between 0 % and 18 % imposed on imports amended will be referred to as ‘the previous anti- from individually named exporters, with a residual duty subsidy investigation’. (1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (4) OJ L 342, 18.11.2004, p. 1. (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (5) OJ L 227, 23.8.2001, p. 56. (2) OJ L 227, 23.8.2001, p. 1. (6) OJ L 68, 8.3.2006, p. 37. (3) OJ L 270, 29.9.2006, p. 1. (7) OJ L 255, 29.9.2007, p. 1. L 288/2EN Official Journal of the European Union 6.11.2007 2. Request for a review (11) With respect to the expiry review, in view of the apparently large number of exporting producers of PET (5) On 23 May 2006 and 3 July 2006 respectively, a request film in India which were named in the request, the use of for an expiry review pursuant to Article 11(2) of the sampling techniques was envisaged in the notice of basic Regulation and a request for a partial interim initiation in accordance with Article 17 of the basic review pursuant to Article 11(3) of the basic Regulation, Regulation. In order to decide whether sampling would limited to the examination of dumping by Jindal Poly be necessary and, if so, to select a sample, all exporting Films Limited (Jindal), were lodged by the following producers were asked to make themselves known and to Community producers: Du Pont Teijin Films, Mitsubishi provide, as specified in the notice of initiation, basic Polyester Film GmbH and Nuroll SpA (the applicants). information on their activities related to PET film The applicants represent a major proportion of the during the RIP. Six exporting producers in India Community production of PET film. indicated their willingness to cooperate. From these six exporting producers, three companies (Ester Industries Limited, Garware Polyester Limited and Jindal), were selected for the sample and received a questionnaire. (6) The applicants alleged and provided sufficient prima facie These companies were found to constitute the largest evidence that: (a) there is a likelihood of continuation or representative volume of exports to the Community of recurrence of dumping and injury to the Community PET film which could reasonably be investigated within industry, and (b) the circumstances with regard to the time available, pursuant to Article 17(1) of the basic dumping on the basis of which measures were estab- Regulation. lished for Jindal have changed and these changes are of a lasting nature. 3. Investigation (12) In addition, the Commission sent questionnaires to all other parties known to be concerned or who made (7) Having determined, after consulting the Advisory themselves known within the deadlines set in the Committee, that sufficient evidence existed to justify notice of initiation. Complete replies were received the initiation of an expiry review pursuant to Article from four Community producers, the three sampled 11(2) of the basic Regulation and a partial interim exporting producers, one importer/user and four users. review pursuant to Article 11(3) of the basic Regulation, the Commission announced on 22 August 2006 (1) and 25 August 2006 (2) respectively, by notices of initiation published in the Official Journal of the European Union, the initiation of such reviews. (13) The Commission sought and verified all information it deemed necessary for the determination of dumping and injury as well as to determine whether there is a like- lihood of continuation or recurrence of dumping and (8) The partial interim review was limited in scope to the injury and whether maintaining the measures would be examination of dumping in respect of Jindal. The review in the Community interest. Verification visits were carried investigation period (RIP) was set for both reviews from out at the premises of the following interested parties: 1 July 2005 to 30 June 2006. The examination of the trends relevant for the assessment of a likelihood of a continuation or recurrence of injury covered the period from 2003 to the end of the RIP (period considered). (a) Community producers — Dupont Teijin Films (Luxemburg), 4. Parties concerned (9) The Commission officially advised the exporting — Mitsubishi Polyester Film GmbH (Germany), producers, the representatives of the exporting country, the Community producers, the importers and users — Nuroll SpA (Italy), known to be concerned of the initiation of the expiry review.