Answer given by Mr De Gucht on behalf of the Commission
19.3.2013
On 22 February 2013, following a proposal by the Commission, the Council published an implementing Regulation re-imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (Council Implementing Regulation (EU) No 158/2013 of 18 February 2013[1]). This regulation implements two judgments by the Courts in Luxembourg, the first of 17 February 2011 in case T-122/09 where the General Court annulled the regulation setting the original measures in place in so far as it concerns two exporters and the second of 22 March 2012 in Case C-339/10, where the European Court of Justice declared invalid the same Regulation.
As to the issue of retroactivity, this matter will be carefully considered by the Commission when statistics of imports of canned mandarins from China are available. Once these statistics are available, conclusions will again be submitted to parties as well as to the Member States in the framework of the Anti-dumping and Anti-subsidy Committee. A decision will again be taken by the Commission on the matter and a proposal will eventually be transmitted to the Council.
As to the possible revision of the regulation setting the measures in place, it is recalled that the measures will expire on 31 December 2013 unless a review is initiated before that date at the request of the Union industry.
The law also provides for the possibility to request a review of the measures, if there is sufficient prima facie evidence that the measures or their level are no longer appropriate in view a change in the market situation.
- [1] Council Implementing Regulation (EU) No 158/2013 of 18 February 2013 reimposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China, OJ L 49, 22.2.2013.
OJ C 371 E, 18/12/2013