title: SKRIFTLIG FORESPØRGSEL nr. 729/98 af Carlo RIPA DI MEANA til Kommissionen. Den italienske stats finansiering af en intervention, der er iværksat af Vatikanstaten i Roms centrum, selv om dette befinder sig uden for den italienske stats territorium

eurovoc_concepts:
Holy See
Italy
State aid
award of contract
civil engineering
invitation to tender
parking area

formats: html pdf print

text: C 402/24 De Europ(cid:230)iske F(cid:230)llesskabers Tidende DA 22. 12. 98 (98/C 402/030) SKRIFTLIG FORESP(cid:216)RGSEL E-0729/98 af Carlo Ripa di Meana (GUE/NGL) til Kommissionen (18. marts 1998) Om: Den italienske stats finansiering af en intervention, der er iv(cid:230)rksat af Vatikanstaten i Roms centrum, selv om dette befinder sig uden for den italienske stats territorium Den italienske stat har med 40 mia lire deltaget i et byggeforetagende p(cid:229) 80 mia lire, som var iv(cid:230)rksat af Vatikanstaten i Roms centrum, selv om det ligger uden for den italienske stats territorium. Dette bygningsarbejde er af Vatikanstaten blevet overdraget virksomhederne Impregilo og Dioguardi efter underh(cid:229)ndsaftale og uden udskrivning af europ(cid:230)isk udbud som fastsat i direktiv 89/440/E(cid:216)F (1), idet det som begrundelse for denne undtagelse anfłres, at den italienske stat i det foreliggende tilf(cid:230)lde skulle yde et finansielt bidrag p(cid:229) under 50 % til en intervention fra tredjemand, hvorved direktiv 89/440/E(cid:216)F, i henhold til artikel 3 i lov nr. 406/91 om overtagelse af direktiv 89/440/E(cid:216)F, ikke ville finde anvendelse. Det finansierede projekt vedrłrer et parkeringshus i Gianicolohłjen, men det omfatter ikke til- og frakłrselsveje, hvorved der vil opst(cid:229) en utilg(cid:230)ngelig blok p(cid:229) 5 etager. Den italienske stat har iv(cid:230)rksat et separat projekt for tilkłrselsveje til det n(cid:230)vnte parkeringshus i Gianicolohłjen, hvortil det samlede arbejde vil belłbe sig til ca. 12 mia lire, og det er ved at blive godkendt i overensstemmelse med de normale europ(cid:230)iske udbudsprocedurer under ledelse af direktoratet for offentlige arbejder i Lazio, som er bygherre. Det er klart, at opfłrelsen af et parkeringshus og at til- og frakłrselsvejene er uadskillelige dele af samme projekt, da et parkeringshus uden tilkłrselsveje er et urimeligt projekt. Den kunstige opdeling af bygningsv(cid:230)rket i to separate dele (parkeringshus og tilkłrselsveje) sigter p(cid:229) at omg(cid:229) den p(cid:229)kr(cid:230)vede europ(cid:230)iske udbudsprocedure som n(cid:230)vnt i direktiv 89/440. Den italienske stats samlede bidrag belłber sig til 52 mia lire (40 mia + 12 mia), dvs. 56 % af det samlede belłb til det nłdvendige arbejde til opfłrelsen af et parkeringshus med tilkłrselsveje. Kan Kommissionen intervenere over for den italienske stat med henblik p(cid:229) at tilvejebringe de korrekte konkurrencebetingelser, ogs(cid:229) ved hj(cid:230)lp af en intervention fra De Europ(cid:230)iske F(cid:230)llesskabers Domstol? (1) EFT L 210 af 21. 7. 1989, s. 1. Svar afgivet p(cid:229) Kommissionens vegne af Mario Monti (10. juni 1998) Artikel 2 i direktiv 89/440/E(cid:216)F, i R(cid:229)dets direktiv 93/37/E(cid:216)F af 14. juni 1993 om samordning af fremgangs- m(cid:229)derne med hensyn til indg(cid:229)else af offentlige bygge- og anl(cid:230)gskontrakter (1), finder ikke anvendelse p(cid:229) det af det (cid:230)rede medlem n(cid:230)vnte tilf(cid:230)lde, da Vatikanet er en udenforst(cid:229)ende, uafh(cid:230)ngig og suver(cid:230)n stat, som ikke er underkastet EF-direktiverne ved tildeling af kontrakter, og dette g(cid:230)lder, hvad enten der er tale om et finansielt bidrag fra den italienske stat eller ej og uafh(cid:230)ngigt af et eventuelt bidrags stłrrelse. Det afgłrende kriterium er det forhold, at den ordregivende myndighed i det foreliggende tilf(cid:230)lde ikke er underkastet f(cid:230)llesskabslovgivningen. (1) EFT L 199 af 9. 8. 1993


title: SCHRIFTELIJKE VRAAG nr. 794/98 van Undine-Uta BLOCH von BLOTTNITZ aan de Commissie. Vervoer van kalveren in de EU - Herodes-premie

eurovoc_concepts:
agro-industry
aid system
animal welfare
beef
calf
marketing
protection of animals
slaughter premium
transport of animals

formats: html print


title: WRITTEN QUESTION No. 750/98 by Allan MACARTNEY to the Commission. Transport blockades and free movement of goods

eurovoc_concepts:
France
United Kingdom
fisherman
free movement of goods
indemnification
strike
trade restriction
transport company

text: 18. 1. 1999 EN Official Journal of the European Communities C 13/5 (1999/C 13/007) WRITTEN QUESTION E-0750/98 by Allan Macartney (ARE) to the Commission (18 March 1998) Subject: Transport blockades and free movement of goods The blockades in France, by both lorry drivers and fishermen, resulted in the loss of both business and profits for many Scottish companies. Although limited compensation has been awarded, companies that were not in France at the time, but were unable to enter France as a direct result of the blockades, were and are not entitled to compensation. Can the Commission confirm that, with regard to the blockades affecting free movement between the United Kingdom and France, it was and is unable to do anything to permit the free movement of goods from one Member State to another? Should not France, as a Member State with obligations under Article 30 of the Treaty to prohibit measures having equivalent effect, be held to account for the losses directly incurred by companies on both sides of the Channel as a result of the blockades? Does the Commission envisage action against France for failing to take the necessary and proportionate measures to ensure the free movement of goods, or does it believe that the recent ruling by the Court of Justice (Case C-265/95) regarding the obstruction of Spanish tomato imports is adequate to ensure that the French Government will take appropriate and expedient action in the future? Given the lack of compensation to those that were adversely affected and the lack of action on the part of the French Government to ensure free movement, is it not the case that further action against France is in fact necessary so as to ensure, firstly, that the climate of insecurity created by the blockades is not allowed to continue and, secondly, to allow compensation to be awarded for all those companies that incurred losses as a direct result of the lack of free movement? Answer given by Mr Monti on behalf of the Commission (16 June 1998) As the Honourable Member points out, the Court of Justice has ruled (1) that France infringed Article 30 in conjunction with Article 5 of the EC Treaty by failing to take appropriate measures to ensure the free movement of fruit and vegetables within its territory. This is the first time that the Court has ruled that a Member State(cid:146)s failure to take measures against the actions of private individuals constitutes a state measure incompatible with Article 30. It is now up to the national courts to take account of the legal arguments set out in this judgment when assessing the rights of private individuals appealing to the courts. It is clear that such individuals can obtain redress for losses suffered as a result of hindrances incompatible with Article 30 of the EC Treaty, such as those cited by the Honourable Member. The Commission has put forward a proposal for a Council regulation (2) based on Article 235 of the EC Treaty which would set up an intervention mechanism allowing the Commission to call on a Member State to take whatever measures are necessary and appropriate to eliminate certain types of obstacles to trade. This proposal is currently being considered by Parliament and the Council. (1) Case C-265/95 Commission v France [1997] ECR I-6959. (2) COM(97) 619 final. (1999/C 13/008) WRITTEN QUESTION E-0755/98 by Carmen D(cid:237)ez de Rivera Icaza (PSE) to the Commission (18 March 1998) Subject: PVC toys The EU(cid:146)s Scientific Committee for Toxicity, Ecotoxicity and the Environment has confirmed that toys made of soft PVC contain and release large amounts of toxic substances (phthalates). Does the Commission intend to adopt measures on the lines indicated by the Committee in respect of PVC toys?


title: SKRIFTLIG FORESPØRGSEL nr. 960/98 af Alexandros ALAVANOS til Kommissionen. Gennemførelse af direktiv om beskyttelse af kulturgoder i Grækenland

eurovoc_concepts:
EC Directive
Greece
cultural object
heritage protection
illicit trade
national implementing measure


title: ΓΡΑΠΤΗ ΕΡΩΤΗΣΗ αρ θ. 723/98 tων βουλετών Amedeo AMADEO , Cristiana MUSCARDINI , Gastone PARIGI , Salvatore TATARELLA προς την Επ τροπή. Αναφορά που υπέβαλαν 5.000 Ιταλοί εκτροφείς σε ό,τι αφορά την εφαρμογή του καθεστώτος γαλακτοκομικών ποσοστώσεων

eurovoc_concepts:
Italy
agricultural levy
agricultural quota
infringement of EU law
milk
milk product
petition
powdered milk
production quota
regulation of agricultural production


title: Commission Regulation (EC) No 617/98 of 18 March 1998 imposing a provisional anti-dumping duty on imports of polysulphide polymers originating in the United States of America

eurovoc_concepts:
United States
anti-dumping duty
anti-dumping legislation
import
synthetic rubber

text: 19. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 82/25 COMMISSION REGULATION (EC) No 617/98 of 18 March 1998 imposing a provisional anti-dumping duty on imports of polysulphide polymers originating in the United States of America THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Com- munity (1), as amended by Regulation (EC) No 2331/96 (2), and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: (5) (6) A. PROCEDURE 1. Initiation (1) (2) (3) In June 1997, the Commission announced by a notice (hereinafter referred to as ‘notice of initia- tion’) published in the Official Journal of the European Communities (3) the initiation of an anti-dumping proceeding with regard to imports into the Community of polysulphide polymers originating in the United States of America and commenced an investigation. The proceeding was initiated as a result of a complaint lodged in May 1997 by Akcros Chem- icals GmbH & Co KG, Germany (hereinafter referred to as the sole Community producer of polysulphide polymers. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. ‘Akcros’), 2. Investigation The Commission officially advised the exporting producer and importers known to be concerned, the representatives of the exporting country and the Community producer, of the initiation of the proceeding. The parties directly concerned were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. (4) The exporting producer in the country concerned, as well as the Community producer, Community (1) OJ L 56, 6. 3. 1996, p. 1. (2) OJ L 317, 6. 12. 1996, p. 1. (3) OJ C 187, 19. 6. 1997, p. 4. users and importers made their views known in requested a exporting producer writing. The hearing, which was granted. The Commission sent questionnaires to all parties known to be concerned and received replies from from the exporting the Community producer, producer in the USA and from its two related importers in the Community. The Commission also received replies from five users in the Com- munity, three of which were considered sufficiently complete so that they could be used for the assess- ment of Community interest. The Commission sought and verified all the in- formation it deemed necessary for the purpose of a preliminary determination of dumping, injury and Community interest, and carried out verification visits at the premises of the following companies: (a) Community producer — Akcros Chemicals GmbH & Co. KG, Greiz-D(cid:148)lau, Germany. (b) Producer/exporter in the exporting country — Morton International Inc. , Chigaco, United States of America (hereinafter referred to as ‘Morton’). (c) Related importers in the Community — Morton International GmbH, Mannheim, Germany, — Morton International Limited, Hounslow, United Kingdom. (7) The investigation of dumping covered the period 1 April 1996 to 31 March 1997 (hereinafter referred to as ‘the investigation period’). The exam- ination of injury and Community interest covered the period 1 January 1994 up to the end of the investigation period (hereinafter referred to as ‘the period examined’). B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. Product under consideration (8) The product under consideration is polysulphide polymers (hereinafter referred to as ‘PSP’). It falls within CN code ex 4002 99 90. PSP is a synthetic rubber also called ‘thioplast’ by the Community industry or ‘thiokol’ by the ex- porting producer. PSP is a saturated synthetic L 82/26 ‹ EN ‹ Official Journal of the European Communities 19. 3. 98 substance, obtained by the reaction of aliphatic dihalides with a is generally vulcanized (i. e. further treated to improve strength and elasticity) with the classical type of vulcanizing agents. sodium polysulphide. It There are several types of PSP which are produced in the USA and in the Community. The mech- anical properties of certain types are inferior to those of other grades of synthetic rubber but have the advantage of being resistant to solvents. (9) PSP is the basic polymer used in the manufacture of sealing compounds. In the Community, PSP is mainly used for the production of glass insulation sealant which accounts for around 75 % of the consumption. It is also used for construction appli- cations (joint tape or expansion joint in walling, between precast concrete cladding panels, or as a sealing perimeter joint between window frames and surroundings) and other special applications, such as in the aerospace industry, in environmental protection for petrol stations or for floor coatings in chemical plants. In the insulating glass segment, 85 % of sealing compounds used are made of PSP. In the USA, PSP consumption is far lower than in the Community, namely around 25 % of Community consumption, although PSP is used for the same applications as in the Community. 2. Like product (10) investigation has The also shown that PSP produced and sold on the domestic market in the USA and PSP exported to the Community from the country concerned had essentially the same basic physical and chemical characteristics and uses as PSP produced and sold by the Community industry on the Community market and that they therefore are in direct competition in the Community market. In this respect, it appeared, on the basis of the available information, that all industrial users located in the Community could process both PSP produced in the Community and PSP imported from the USA. (11) Some industrial users stated that certain types of PSP imported from the USA were of higher quality than those produced in the Community. In this respect, it should be noted that quality does not the product change the basic characteristics of concerned and that as far as such differences are concerned, users could process both the imported product and the Community-produced product although some minor alterations in their produc- tion process might be necessary. Community produced and imported products are therefore interchangeable. In any event any such differences in physical characteristics cannot lead to the conclusion that the product produced and sold by the Community product industry concerned imported from the USA cannot be considered as one like product. and the (12) On the basis of it was therefore the above, concluded that the PSP produced and sold by the Community industry and the PSP produced and sold in the USA are alike, within the meaning of Article 1(4) of Regulation (EC) No 384/96 (here- inafter referred to as the ‘Basic Regulation’), to the PSP imported into the Community and originating in the USA. C. DUMPING 1. Normal value (13) In order to establish normal value, the Commission first analysed whether domestic sales in the ex- porting country concerned were representative in accordance with Article 2(2) of the Basic Regula- tion. In this respect it was established that the total domestic sales of the product concerned in the United States market represented more than 5 % of the volume exported to the Community. (14) It was then examined whether total domestic sales of each product type constituted 5 % or more of the sales volume of the same product type exported to the Community. For those product types meeting the 5 % test, the Commission assessed whether sufficient sales had been made in the ordinary course of trade in ac- cordance with Article 2(4) of the Basic Regulation. For all product types which were sold in represen- tative quantities, the weighted average domestic selling price was found to be above the weighted average unit cost. Furthermore, the volume of sales below unit cost was less than 20 % of sales. There- fore, for these product types normal value was esta- blished on the basis of the weighted average prices actually paid for all domestic sales. 19. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 82/27 Where, per product type, the volume of domestic sales was lower than 5 % of the volume destined for export to the Community, domestic sales were considered insufficient in the meaning of Article 2(2) of the Basic Regulation and were therefore disregarded. In these cases, normal value was constructed in accordance with Article 2(3) and (6) of the Basic Regulation. For each such product type, normal value was calculated on the basis of all costs of manufacturing plus all selling, general and administrative expenses incurred by this company and a reasonable amount for profit. The amount for profit was established on the basis of the weighted average profit made on domestic sales in the or- dinary course of trade of the product concerned. (15) (16) (17) 2. Export price The exporting producer made all export sales of the product concerned to the Community via two related importers. For that reason, in accordance with Article 2(9) of the Basic Regulation, the export prices were constructed on the basis of the prices at which the imported product was first resold to an independent buyer, with adjustments being made for all costs incurred between importation and resale and for a profit margin. In view of the fact that no unrelated importers cooperated in the present investigation, the Commission used a profit margin of 5 % for calculating the export price, which appears to reflect appropriately the functions carried out by these related importers. 3. Comparison For the purpose of a fair comparison, due al- lowance in the form of adjustments was made for differences which were claimed, and demonstrated to affect price comparability. In accordance with Article 2(10) of the Basic Regulation, these adjust- ments were made, in respect of packing, transport, insurance, handling and ancillary costs, credit costs and after-sales costs. The exporting producer claimed an allowance for the credit cost of sales on the domestic market and requested that the actual payment date be used. This claim was rejected on the grounds that, in accordance with Article 2(10)(g) of the Basic Regu- lation, an adjustment can only be given for the number of days agreed at the time of the sale, as only the expense of that number of days can be considered to have influenced the decision on the price level agreed. (18) The company also claimed an allowance for a sustained movement in exchange rates during the the provisional determination since, investigation period with regard to one European currency, the D mark, and requested that an adjust- ment be made for the entire investigation period. This claim could not be accepted for the purpose in ac- of cordance with Article 2(10)(j) of the Basic Regula- tion, this allowance can only be granted to reflect a sustained movement and should thus be made only for the specific period in which such a sustained movement takes place. In the present case it was found that the movement in exchange rates for which an allowance was claimed was not fully sustained throughout the investigation period. In the addition, movement of the D mark versus the US dollar, whereas a movement in the opposite direction occurred regarding the British pound versus the US dollar which partly offset the effect on the dumping margin caused by the revaluation of the US dollar versus the D mark. This issue will be reexmained when definitive findings are establi- shed. the adjustment was requested for 4. Dumping margin (19) Pursuant to Article 2(11) of the Basic Regulation, the dumping margin was established on the basis of a comparison between the weighted average normal value and the weighted average export price both at an ex-factory level and at the same level of trade. Although the analysis has concluded that the imports concerned target certain Member States, it was not necessary to apply the provisions of the second sentence of Article 2(11) of the Basic Regu- transactions were made at lation as almost all dumped prices. (20) The dumping margin expressed as a percentage of the cif price at Community frontier level was as follows: — Morton International Inc. , Chicago: 49,6 %. As this company is deemed to represent 100 % of United States production of the product concerned, the residual dumping margin provisionally es- tablished is also 49,6 %. D. COMMUNITY INDUSTRY (21) Akcros is the only Community producer of PSP and therefore constitutes the Community industry, within the meaning of Articles 4(1) and 5(4) of the Basic Regulation. L 82/28 ‹ EN ‹ Official Journal of the European Communities 19. 3. 98 (22) (23) (24) E. INJURY 1. Collection and confidentiality of injury data For the purpose of the examination of injury in the present proceeding, data relating to the period examined (1 January 1994 to the investigation period ending 31 March 1997) was considered. The geographical scope of the investigation was the Community of 15 Member States. Since there is only one Community producer and one producing exporter in the USA, in accordance with Article 19 of the Basic Regulation the data relating to injury has been indexed in order to preserve the confidentiality of the data submitted. 2. Consumption in the Community of Total consumption in the Community was estab- lished on the basis of Morton’s and Akcros’ sales, in quantity and value, to independent customers in the Community market. From 1994 up to the investigation period the volume (expressed in consumption in the Community tonnes) same period, increased by 5 %. During the consumption in value terms decreased by 1 %. The year-to-year analysis of the evolution of consump- tion indicates a negative trend in sales prices in the market which continued throughout 1996 and became even more negative during the investigation period. started 1995, in by 5 % but sales value only increased by 2 %. Then, from 1996 to the investigation period, the sales volume decreased by 2 %, whereas the sales value decreased by 5 %, again pointing to a con- tinued price decrease. 2. Share of the Community market (27) Market share in volume held by Morton was very high and stable during the whole period under analysis (over 75 % of the market). Morton kept its market share in terms of volume and after the sales prices decreased by 2 % in 1995, Morton managed to increase significantly its market share in terms of volume by 7 % in 1996. 3. Average sales price of dumped imports (28) (29) From 1994 to the investigation period, sales prices of PSP imported from the USA into the Com- munity market decreased by 4 %. In Germany, which is the main market for PSP, it has been found that during the same period of time Morton’s average prices decreased by around 5 %. In other Member States such as the United Kingdom, where Akcros does not at present trade, prices were higher and did not fluctuate during the same period of time. The fact that Morton sold around 80 % of its PSP in Germany and that during the investigation period Morton’s average sales price in the United Kingdom was around 17 % higher than its average that Morton sales price in Germany, targets the Member States where Akcros mainly does business. indicates 3. Sales of dumped imports in the Com- munity 4. Price undercutting 1. Volume and value of sales made by Morton sales to unrelated customers (25) Morton exported its PSP to the Community via two related sales companies, one located in the United Kingdom and, since 1995, one located in Germany. From 1994 to the end of the investigation period, Morton’s in the Community market increased both in terms of volume (+ 5 %) and value (+ 1 %). The fact that sold in the Community market the increased more than the value and that there was no significant change in the mix of the product types sold, indicates that Morton decreased its average sales prices during the period examined. volume (26) The investigation has shown that prices charged by Morton in the Community market started to decrease in 1995 when the sales volume increased (30) As it was found that most of Akcros’ sales, and all sales made by Morton, were made directly to indus- trial users in the Community, average sales prices of PSP charged by Morton were compared on a type-by-type basis to the relevant prices charged by Akcros to users in order to evaluate possible price undercutting. (31) (32) Since no difference in sales conditions or levels of trade which would have had an impact on price comparison was found to exist, it was not necessary to adjust the average prices. For the investigation period the comparison made on a type-by-type basis showed price undercutting margins expressed as a percentage of the relevant Community industry’s sales price which ranged from 1 to 23 % depending on the type of PSP, or 1,8 % on total turnover. 19. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 82/29 4. Situation of the Community industry 1. Volume and value of sales in the Community market (33) (34) The investigation has shown that Akcros’ sales volume decreased by 13 % and its sales value by 20 % in 1996 when compared with 1994. The decrease is even higher when compared with 1995. Since prices were decreasing in the Community market, customers took advantage of the situation prevailing in the Community market and requested additional price reductions from the Community industry. Even though Akcros refused to do this over a long period in 1996 they finally had to make price concessions. This explains why the volume of sales recovered (+ 22 %) and average sales prices decreased by 4 % during the investigation period as compared with 1996. increased its capacity of production. As a result of increased capacity and of a volume of production lower than expected, the capacity utilisation rate decreased by 18 % during the entire period examined. As far as capacity utilization is concerned, the investigation has shown that a rate of around 80 % would be necessary to produce positive effects in costs and profitability. (39) Between 1994 and the investigation period stocks increased by 56 %. 6. Investments (40) Investments in the product concerned increased by 7 % during the period under examination. The Community industry has also invested in ma- chinery with the aim of increasing its production capacity and improving its presence in the market. 2. Market share 7. Employment (35) During the period examined the trend in market share shows that the Community industry kept its market share in terms of volume but lost 6 % in terms of value. (41) The number of personnel employed by the Community decreased by 7 % during the period examined. 3. Average sales price and price evolution (36) The average sales price of PSP sold by the Com- munity industry between 1994 and the investiga- tion period decreased by 11 %. Price evolution per Member State indicated that the trend in prices in Germany was more negative than in other Community Member States and price evolution on a type-by-type basis had shown better trends in sales prices for the types of PSP not sold by Morton. 4. Profitability (37) the product for The average return on sales concerned has remained negative since 1994. Although the Community producer has made considerable efforts to control and reduce costs, profitability has always been negative during the period examined. 5. Production, capacity installed, capacity utilisa- tion and stocks (38) Production of the Community industry over the period examined increased by 5 % and production capacity by 28 %. In view of the positive forecasts in the PSP market the Community industry until the year 2000, 5. Conclusion on injury (42) The injury investigation has shown that during the period examined, despite the increase in consump- tion and the generally positive market expectations for the PSP market, the decrease in average sales prices of PSP led to a deterioration of the financial situation of the Community industry which was only attenuated through substantial cost reduction effected at the end of the period examined. (43) The seriousness of this deterioration first appeared between 1995 and 1996 when Akcros’ sales volume decreased by 18 %, production by 19 % and sales prices by 8 %. (44) Although the Community industry’s production and sales volume developed positively during the investigation period, the continuous pressure on sales prices which decreased yet again by 4 %, prevented any improvement in profitability and financial losses added to those already made in the past. (45) In view of the developments of the injury indic- ators during the period under examination, in particular the negative evolution of sales prices and incurred by the Community significant industry, this industry has it suffered material injury within the meaning of Article 3 of the Basic Regulation. losses is considered that L 82/30 ‹ EN ‹ Official Journal of the European Communities 19. 3. 98 F. CAUSATION 1. Introduction have in itself had a significant impact on the overall market and, consequently, on the situation of the Community industry, the smaller producer. (46) The Commission examined whether the injury suffered by the Community industry was caused by the volume and price level of dumped imports in question. The Commission also examined whether other known factors, such as the development of consumption in the Community market, the export activity and price policy of the Community industry and competition from substitute products, were not such as to break the causal link between the dumping practiced in the imports of PSP from the USA and the injury suffered by the Community industry. 2. Effect of dumped imports on the Com- munity industry (47) When assessing the effect of dumped imports on the Community industry, it should be recalled that Morton, whose production capacity is sufficiently large to meet the demand of PSP throughout the world, is by far the main supplier and therefore the market the largest market world-wide. Its behaviour, as such, affects the whole market. in the Community, leader (48) (49) This leadership therefore influences the level of prices in the Community. The injury investigation has shown that despite an increase in consumption of 5 % between 1994 and the end of the investiga- tion period, prices in the Community market were decreasing. Akcros, the minor player in the market, had to follow this price decrease tendency which had a considerable negative impact on its financial situation during the period examined. the that imports concerned target The detailed analysis of prices for imports has shown for particular markets and particular product types the Community industry’s sales in sensitive sectors. It was found that from 1994 to the investigation period, Morton’s price decrease strategy aimed at targeting the German market where Morton’s prices were found to be lower than in other Member States, and the type of PSP mostly sold by Akcros with the result that prices for these types were reduced by 15 % in the German market during the same period of time. (50) The injury investigation has also shown that the market share held by Morton during the whole period under examination was particularly high, over 75 %. The presence of such large quantities of dumped imports on the Community market must 3. Impact of other factors 1. Development of consumption under period examination, (51) When considering whether the development of consumption affected the situation of the Com- munity industry, it should be recalled that during the consumption increased by 5 % and that the market expectations for PSP, in particular in the Community market, are good up to the year 2000 and probably also beyond that date. Therefore the material injury suffered by the Community industry cannot be attributed to the development of Community consumption. 2. Export activity of the Community industry (52) Exports have always represented a minor activity for Akcros as they accounted for around 13 % of total sales during the period examined. It follows that the slight decrease in the volume of export sales (– 3,5 % of total sales) during the period under examination, cannot explain the material injury suffered by Akcros, particularly in view of the fact that the average sales price charged by Akcros for exports was around 19 % higher than the average Community price. 3. Competition from substitute products (53) Considering the main sales segment for PSP, namely the insulating glass segment, it was found that there are also other products, such as poly- urethane or silicone, used as glass sealant in the Community. However these being rather expensive and less resistant to solvent than PSP in the longer term, their market share is estimated to be limited, at around 15 % of the Community market. The Commission, however, examined whether competi- tion from these substitutes may have caused injury to the Community industry during the period examined. (54) On the basis of the information available, it appeared that these substitute products did not gain market share during the period examined. On the contrary, the increase in consumption of PSP indicates that industrial users continued to mainly rely on PSP rather than on other substitutes to be produce concluded therefore that competition from substi- tute products had, if any, only a very limited impact on the Community industry. glass-insulating sealant. can It 19. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 82/31 4. Self-inflicted injury (55) The Commission examined whether, on the basis of the volume of sales made by Akcros during the investigation period, the increase in the capacity of production had caused injury to the Community industry. Recalling that the market forecasts were good for PSP in the European market, it was found that the amount of investment required for increasing the capacity of production was rather limited. Indeed, the cost of this investment included in the finan- cial statements of Akcros during the investigation period was found to be below 1 % of the total turnover of the product concerned. (56) According to Morton, the general price depression in the Community market, which has been the major cause of the injury suffered by the Com- munity industry from 1994 up to the investigation period, has been the result of a policy initiated by the Community industry since entering the market in 1991. (57) types of PSP Morton had undercut In this respect it should be recalled that the price- undercutting analysis revealed that for the Com- munity industry’s main sales market and for its im- portant the Community industry’s prices. Moreover, taking due consideration of the fact that Morton is the market leader, with a market share of over 75 %, the Commission concluded that it is not in the interest of Akcros to pursue such a policy in the long term. This is also demonstrated by the Community industry’s efforts to maintain prices at a reasonable level as described in recital 34. In addition, depressed sales prices would never allow Akcros to recover the considerable investments made in the PSP business since 1991. Community industry’s prices had a significant impact on that market. Furthermore, the market being transparent, the effect of price decreases well known to all users in the Community market, had a major impact on the level of prices in the market as a whole. (61) On the basis of the above and in the absence of other factors it is provisionally concluded that the dumped imports under examination caused the material the Community suffered by industry. injury G. COMMUNITY INTEREST 1. Preliminary remarks (62) (63) The purpose of anti-dumping measures to remedy an unfair trading practice which has an injurious effect on a Community industry. Such a remedy should result in the re-establishment of a situation of effective competition on the Com- munity market. is The Commission provisionally examined, on the basis of all the evidence submitted, whether, despite the conclusions on dumping, injury and the cause of this injury, any compelling reasons existed which would have led to the conclusion that it is not in the Community interest to impose measures in this particular case. For this purpose, and pursuant to Article 21(1) of the Basic Regulation, the Commission considered the impact of possible measures on all parties involved in the proceeding and also the consequences of taking or not taking measures. (58) Contrary to Akcros, Morton, being the major supplier and able to supply the entire market demand, may have a certain interest in following a policy of price decrease as this may strengthen and reinforce in the long run its position as market leader. (64) (59) On the basis of the above facts and considerations, the Commission did not find any objective interest in Akcros implementing a policy of price reduc- tion. 4. Conclusion on causation 2. Interest of the Community industry 1. Viability of the Community industry The investigation has shown that Akcros Chem- global profitability, before icals’ extraordinary results, for the whole production facility where, among other products, PSP is produced, was pos- itive at the end of the investigation period. The negative situation in the Community industry’s PSP business was only caused by the presence of a high volume of dumped imports from the USA in the Community market. The global performance there- fore indicates that this industry is in general term competitive and viable. (60) The investigation has shown that PSP is a homo- geneous product, mainly offered directly to end- users in the Community market. Therefore the the high volume of dumped PSP presence of the imported from the USA which undercut (65) The Community PSP market is the largest market in the world and forecasts for the near future in- dicate that it will increase even further. The invest- igation has shown that Akcros has become an important operator of PSP in the Community market. The ongoing rationalisation efforts and L 82/32 ‹ EN ‹ Official Journal of the European Communities 19. 3. 98 it investments which Akcros has made during the period examined, show that is not ready to abandon the PSP market. With anti-dumping measures in force, Akcros could make a recovery and benefit from the positive volume effect fore- seen in the PSP business in the Community up to the year 2000. (71) Taking due consideration of the above findings and the market share held by Morton in the Com- munity, it was established that a possible duty of 9 % on PSP would have an estimated impact of around 1,7 % on users’ costs of production of PSP-based finished products. (66) The interest of the Community industry, the minor player in the Community PSP market, is therefore that fair competitive conditions be restored and that prices reflecting fair trading conditions be quoted in the Community market. 2. Employment (67) As the PSP business represents a significant share of Akcros’ activities, leaving this business segment without any protection against unfair trade prac- tices, may also affect the activities of the whole company which are mainly concentrated in a region already suffering from a high rate of unem- ployment. (68) (69) It follows therefore that the examination of the consequences of not taking measures on employ- ment should not be limited to the number of people directly employed in the production and sale of PSP but should also take into consideration the possible impact on all the personnel employed by Akcros, and the uncertainty it would create in the sector dependent on PSP which employs around 1 000 additional people in the Community. 3. Interest of Community users In order to evaluate the impact on users of taking measures or not taking measures, the Commission conducted a separate investigation on the basis of the responses to the questionnaires sent to the in the Community. As main industrial users mentioned above it has been provisionally es- tablished that three users covering over 65 % of the total consumption of PSP in the Community replied to the questionnaire in a meaningful manner. The following findings are based on their replies. The above impact on users’ costs should be seen in the light of the positive effects anti-dumping measures could produce on the sales volume and sales price of Akcros as indicated in recital 38. (72) Not taking measures may lead to the disappearance of the sole Community producer and to a mono- poly situation in the Community market. On the basis of the experience gained since the end of the monopoly in 1991, this would probably, among other consequences, lead to a significant increase in prices. (73) The investigation has shown that users benefited from the presence of a second operator in the market since 1991. Firstly because competition had a positive effect on the level of prices and secondly in the because the existence of market also ensures the security of supply; users tend to be supplied by both companies rather than relying on only one supplier. Accordingly it is concluded that it was in the users interests that both Akcros and Morton are present in the market. two suppliers 4. Consequences for competition in the Community market (74) Special attention has been paid to the competition aspects covered by the present case because of the existence of a duopoly on the Community market. (75) On the basis of the available information, the opinion of the Commission is that without the imposition of anti-dumping measures the Com- munity producer risks being driven out of the market in the short term and consequently there will be no competition at all in the market. Indus- trial users would thus be deprived of the benefit of the competition they have enjoyed in the Com- munity market since 1991. Among other con- sequences, prices will probably increase signi- ficantly if left in the hands of a single operator. (70) It was found that PSP supplied by the two suppliers in the market represents on average 25 % of the full cost of production of finished PSP-based sealing compounds. (76) The potential for price increases should also be seen in the light of competition from substitute products, such as polyurethane and silicone which are already available on the Community market, although it should be borne in mind that these 19. 3. 98 ‹ EN ‹ Official Journal of the European Communities L 82/33 only cover a very limited share of the market, as indicated in recital 53, and therefore users will not necessarily be able to switch easily to these substi- tutes. (82) (77) In addition the investigation has also shown that prices charged for PSP in Member States where only one supplier is present are significantly higher than in Member States where both suppliers are present. It can therefore be expected that the price increases resulting from the absence of competition would be higher than those if anti-dumping measures were imposed. 1. Injury elimination level It was considered that the amount of duty neces- sary to remove the effects of injurious dumping should allow the Community industry to cover its costs of production and obtain a reasonable profit on sales. In this respect it was found that a profit margin before tax of 9 % on turnover could be considered to be an appropriate basis, due regard being given to the need for long-term investment and, more particularly, a rate of return which the Community industry could reasonably expect in the absence of injurious dumping. (78) As a matter of fact, with the measures proposed below, price increases, if any, will be very limited as indicated in recital 71. from an economic point of view the level of these measures is not such as to foreclose the Community market to the American producing exporter and will there- fore their products in the market. continued presence of In addition, ensure the (79) As already mentioned, imports from the USA are necessary in order to cover the expanding demand of Community users as well as to ensure competi- tion in the market. The proposed measures are not inconsistent with this aspect while at the same time restoring fair competition conditions in the market. Thus, the benefits of a market governed by two competitive forces would be available to the users of the product concerned and ensure fair price negotiations. (80) On the basis of the above facts and considerations, it can be concluded that not taking measures would cause uncertainty for users and could lead to con- siderable price increases in the medium term, and that it is in the users’ interest that the market be governed by two competitive and competing forces. 5. Conclusion on Community interest In examining the various interests involved, the Commission concluded that there were no compel- ling reasons not to adopt anti-dumping measures. (83) Accordingly, injury elimination levels were deter- mined on a type-by-type basis and compared to the selling price of PSP originating in the USA at industrial user level. The injury margin, expressed as a percentage of the cif value of the imports in question, was 9,1 % on average. 2. Form and level of the provisional measures (84) Since the injury margin was found to be lower than the dumping margin, the provisional duty to be imposed should correspond to the injury margin established, in conformity with Article 7(2) of the Basic Regulation. on the Based determination of provisional dumping and the injury resulting therefrom, a provisional ad valorem duty of 9,1 % should be imposed on imports of polysulphide polymers originating in the USA. I. RIGHTS OF INTERESTED PARTIES (85) In the interests of sound administration, a period should be fixed within which the parties concerned may make their views known in writing and request a hearing. Furthermore, it should be stated that the findings made for the purposes of this Regulation are provisional and may have to be reconsidered for the purposes of any definitive duty which the Commission may propose, H. PROPOSED MEASURES HAS ADOPTED THIS REGULATION: (81) For the purposes of establishing the level of the provisional duty, account was taken of the level of dumping found and the amount of duty necessary to eliminate the injury suffered by the Community industry. A provisional anti-dumping duty is hereby imposed 1. on imports of polysulphide polymers falling within CN code ex 4002 99 90 (TARIC code 4002 99 90 * 10) ori- ginating in the United States of America. Article 1 L 82/34 ‹ EN ‹ Official Journal of the European Communities 19. 3. 98 2. For the product concerned referred to in paragraph 1 the rate of anti-dumping duty applicable to the net free- at-Community-frontier price, before duty, shall be as follows: — United States of America: 9,1 %. Unless otherwise specified, the provisions in force 3. concerning customs duties shall apply. The release for free circulation in the Community of 4. the products referred to in paragraph 1 shall be subject to the provision of a security, equivalent to the amount of the provisional duty. views in writing and apply to be heard orally by the Commission within one month of the date of entry into force of this Regulation. Pursuant to Article 21(4) of Regulation (EC) No 384/96, the parties concerned may comment on the application of this Regulation within one month of the date of its entry into force. Article 3 Article 2 Without prejudice to Article 20 of Regulation (EC) No 384/96, the parties concerned may make known their This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 March 1998. For the Commission Leon BRITTAN Vice-President


title: SCHRIFTLICHE ANFRAGE Nr. 700/98 von den Abgeordneten Amedeo AMADEO , Salvatore TATARELLA an die Kommission. Seltene Krankheiten

eurovoc_concepts:
EU programme
action programme
exchange of information
illness
medical research
proposal (EU)
public health
scientific research
voluntary organisation

text: 21. 10. 98 DE Amtsblatt der Europa¤ischen Gemeinschaften C 323/65 beschrieben. Nur die Priorita¤ten werden ja¤hrlich ero¤rtert und festgelegt, damit die Aufforderungen zur Einreichung von Vorschla¤gen fu¤r jedes Jahr gezielt durchgefu¤hrt werden ko¤nnen. Auf der Sitzung des Altener- Ausschusses am 25. Februar 1998 wurde der Text fu¤r die Aufforderung zur Einreichung von Vorschla¤gen fu¤r 1998 behandelt. Die Informationsbroschu¤re entha¤lt die Liste der Schwerpunkte, die fu¤r jede Aktion aufgestellt wird, aber auch die Kriterien und Modalita¤ten, die wa¤hrend des Programmablaufs angewandt werden. Diese Kriterien und Zugangsmodalita¤ten entsprechen teilweise denjenigen, die wa¤hrend der Ausschreibungen der Gemeinschaft allgemein gu¤ltig sind. Dazu kommen noch diejenigen, die die Kommission nach Beratungen im Altener-Ausschu(cid:223) gema¤(cid:223) den Priorita¤ten fu¤r notwendig ha¤lt. Die Ho¤he der gewa¤hrten Finanzhilfe wird in Artikel 3 des Vorschlags fu¤r eine Entscheidung behandelt. Was die gezielten Aktionen betrifft, deren Ziel die Reduzierung der Kosten pro Einheit ist, so wu¤rde die Festlegung von Margen den freien Wettbewerb unterbinden. (1) ABl. C 192 vom 24. 6. 1997. (98/C 323/85) SCHRIFTLICHE ANFRAGE E-0700/98 von Amedeo Amadeo (NI) und Salvatore Tatarella (NI) an die Kommission (18. Ma¤rz 1998) Betrifft: Seltene Krankheiten In dieser Anfrage wird auf die Mitteilung der Kommission zu einem Aktionsprogramm der Gemeinschaft betreffend seltene Krankheiten innerhalb des Aktionsrahmens im Bereich der o¤ffentlichen Gesundheit und auf den Vorschlag fu¤r einen Beschlu(cid:223) des Europa¤ischen Parlaments und des Rates zur Annahme eines Programms der Gemeinschaft betreffend seltene Krankheiten innerhalb des Aktionsrahmens im Bereich der o¤ffentlichen Gesundheit 1999-2003 (KOM(97)225 endg. › 97/0146 COD) (1) Bezug genommen. Kann die Europa¤ische Kommission im Zusammenhang mit den Ma(cid:223)nahmen betreffend die Vorgehensweise bei Cluster seltener Krankheiten besta¤tigen, da(cid:223) vor der Schaffung einer Reaktionsgruppe zuna¤chst eine grundlegende Einigung u¤ber die entsprechende Vorgehensweise erzielt werden mu(cid:223)? Das (cid:132)Center for Disease Control(cid:147) hat beispielsweise einige praktische Leitlinien in diesem Zusammenhang erstellt, denen zufolge eine Differenzierung nach Krankheitstyp notwendig ist, da sich ganz offensichtlich die anzuwendenden Strategien von Fall zu Fall betra¤chtlich unterscheiden. In diesem Zusammenhang mu(cid:223) die Bedeutung von Kontrollsystemen fu¤r seltene Krankheiten zur Feststellung der zeitlichen Entwicklungstendenzen und der Inzidenz auf regionaler Ebene betont werden. Derartige Tendenzen sind zumeist erst nach mindestens 10 Jahren erkennbar. Sollte nicht auch in dieser Hinsicht die Kontinuita¤t des vorgeschlagenen Aktionsprogramms fu¤r die Zeit nach dem Jahr 2003 unbedingt sichergestellt werden? (1) ABl. C 203 vom 3. 7. 1997, S. 6. (98/C 323/86) SCHRIFTLICHE ANFRAGE E-0701/98 von Amedeo Amadeo (NI) und Salvatore Tatarella (NI) an die Kommission (18. Ma¤rz 1998) Betrifft: Seltene Krankheiten In dieser Anfrage wird auf die Mitteilung der Kommission zu einem Aktionsprogramm der Gemeinschaft betreffend seltene Krankheiten innerhalb des Aktionsrahmens im Bereich der o¤ffentlichen Gesundheit und auf den Vorschlag fu¤r einen Beschlu(cid:223) des Europa¤ischen Parlaments und des Rates zur Annahme eines Programms der Gemeinschaft betreffend seltene Krankheiten innerhalb des Aktionsrahmens im Bereich der o¤ffentlichen Gesundheit (1999-2003) (KOM(97)225 endg. › 97/0146 COD) (1) Bezug genommen. Kann die Kommission im Zusammenhang mit den Ma(cid:223)nahmen betreffend bessere Informationen der Gemeinschaft den Zugriff auf die vorgeschlagene europa¤ische Datenbank fu¤r seltene Krankheiten u¤ber Internet ermo¤glichen und die Unterscheidung zwischen (cid:132)Netzen(cid:147) (auf die in der zweiten Ma(cid:223)nahme des ersten Zieles Bezug genommen wird) und (cid:132)der Zusammenarbeit und Vernetzung dieser Gruppen(cid:147) (wie in der zweiten Ma(cid:223)nahme des zweiten Zieles vorgesehen) verdeutlichen? (1) ABl. C 203 vom 3. 7. 1997, S. 6


title: WRITTEN QUESTION No. 763/98 by Alexandros ALAVANOS to the Commission. Abolition of duty-free sales

eurovoc_concepts:
duty-free sale
economic consequence
impact study
intra-EU trade
job cuts
marketing restriction
single market
transport market

text: 19. 11. 98 SV Europeiska gemenskapernas officiella tidning C 354/23 (98/C 354/50) SKRIFTLIG FR¯GA E-0747/98 fr(cid:229)n Allan Macartney (ARE) till kommissionen (18 mars 1998) A¤mne: De lokala myndigheternas betydelse inom ramen fo¤r strukturfonderna Med tanke p(cid:229) fo¤ra¤ndringarna nyligen fo¤r Fo¤renade kungarikets organisation av partnerskap fo¤r program fo¤r sto¤d till strukturfondsmedel, insta¤mmer kommissionen i att de lokala myndigheterna a¤r en viktig la¤nk i partnerskapet i tre steg mellan kommissionen, medlemsstaten och regionen? Vilka (cid:229)tga¤rder vill kommissionen vidta fo¤r att garantera att de lokala myndigheternas roll inte kommer att minskas p(cid:229) grund av att det finns tja¤nstema¤n fo¤r programmen? Svar fr(cid:229)n Monika Wulf-Mathies p(cid:229) kommissionens va¤gnar (8 april 1998) Kommissionen h(cid:229)ller med om att lokala myndigheter har en central betydelse i de regionala partnerskap som ansvarar fo¤r att gemenskapens regionalpolitiska program genomfo¤rs i Fo¤renade kungariket. Kommissionen va¤lkomnade de a¤ndringar som gjordes nyligen av o¤vervakningskommitte·ernas sammansa¤ttning i de regional- politiska programmen, i synnerhet medtagandet av arbetsmarknadens parter och valda kommun/stadsfullma¤k- tige i dessa kommitte·er. Dessa kommun/stadsfullma¤ktige finns nu representerade i alla o¤vervakningskommitte·er i England och Wales. De som verksta¤ller programmen har ingen beslutsfattande roll vad ga¤ller deras regionala program. Alla beslut m(cid:229)ste, i enlighet med de standardklausuler som ing(cid:229)r i varje enskilt programplaneringsdokument, fattas av bero¤rda o¤vervakningskommitte·er. Den verksta¤llande parten, eller sekretariaten, a¤r till fo¤r att genomfo¤ra o¤vervakningskommitte·ernas beslut. Kommissionen kommer a¤ven i fortsa¤ttningen att se till att denna ansvarsfo¤rdelning iakttas. (98/C 354/51) SKRIFTLIG FR¯GA E-0763/98 fr(cid:229)n Alexandros Alavanos (GUE/NGL) till kommissionen (18 mars 1998) A¤mne: Avskaffande av affa¤rer fo¤r skattefria varor 1999 skall la¤nderna inom Europeiska unionen avskaffa affa¤rerna fo¤r skattefria varor, och huvudeffekten av detta kommer enligt (cid:148)Transport Union Federation(cid:148) bli att 140 000 arbeten fo¤rsvinner, samtidigt som spa¤nnvidden p(cid:229) arbetet inom m(cid:229)nga sm(cid:229)fo¤retag och efterfr(cid:229)gan inom den inhemska turismen kommer att p(cid:229)verkas. Kommissionen tillfr(cid:229)gas om den har gjort n(cid:229)gon kvantitativ utredning av vilka konsekvenser avskaffandet av affa¤rerna fo¤r skattefria 1. varor f(cid:229)r, och 2. hur den avser att hantera det stora bortfallet av arbetstillfa¤llen? Svar fr(cid:229)n Mario Monti p(cid:229) kommissionens va¤gnar (5 maj 1998) Betra¤ffande konsekvensbedo¤mning ha¤nvisar kommissionen parlamentsledamoten till tidigare svar till b(cid:229)de skriftliga och muntliga fr(cid:229)gor, senast i svaret p(cid:229) den skriftliga fr(cid:229)gan E-272/98 fr(cid:229)n Danielle Darras (1). Kommissionen avser inte att o¤verva¤ga en fo¤rla¤ngning av den skatte- och tullfria fo¤rsa¤ljningen inom gemenskapen eftersom dessa regler ger upphov till dolda, negativa sidoeffekter fo¤r andra transportmedel som inte kan erbjuda skatte- och tullfria fo¤rsa¤ljning och fo¤r (cid:229)terfo¤rsa¤ljare vars fo¤rsa¤ljning beskattas. Kommissionen kan emellertid se o¤ver vilka tydliga instrument som kan info¤ras fo¤r att, i fo¤rekommande fall, uppva¤ga specifika negativa effekter fo¤r sysselsa¤ttningen. (1) EGT C 304, 2. 10. 1998, s. 67