LegalizeCommission Implementing Regulation (EU) 2019/576 of 10 April 2019 imposing a provisional anti-dumping duty on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America
Interested parties wishing to request a hearing with the Commission shall do so within 5 calendar days of the date of entry into force of this Regulation.
Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings shall do so within 5 calendar days of the date of entry into force of this Regulation. The Hearing Officer shall examine requests submitted outside this time limit and may decide whether to accept to such requests if appropriate.
Article 3
Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Commission Implementing Regulation (EU) 2019/455 of 20 March 2019 (34) (‘the registration Regulation).
Data collected regarding products which entered the Union for consumption not more than 3 weeks prior to the date of the entry into force of this regulation shall be kept until the entry into force of possible definitive measures, or the termination of this proceeding.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 1 shall apply for a period of six months.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 April 2019.
For the Commission The President Jean-Claude JUNCKER
(1) OJ L 176, 30.6.2016, p. 21.
(2) Notice of initiation of an anti-dumping proceeding concerning imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America. OJ C 284, 13.8.2018, p. 9.
(4) On the basis of the original cost accounts of the Russian companies before the ‘gas adjustment’.
(5) Article 11 and 14 of Government Resolution No 1021 of 29 December 2000
(6) Submission of Acron of 22 October 2018 being the updated version of the presentation of the GOR prepared for the US Countervailing Duty Investigation concerning Cold-Rolled Steel Flat Products originating in the Russian Federation
(7) In practice means these are all the gas pipelines in Russia except for certain small local connections between factory and main pipeline
(8) See Audited Annual Report 2017 of Novatek (page 71) – open Exhibit C-9-2 Annex O of the Questionnaire reply by Eurochem (NAK)
(9) Judgment of the General Court (Eighth Chamber) of 7 February 2013 - EuroChem Mineral and Chemical Company OAO (EuroChem MCC) v Council of the European Union, T- 84/07, ECLI:EU:T:2013:64, and Judgment of the General Court (Eighth Chamber) of 7 February 2013 - Acron OAO v Council of the European Union, T-118/10, ECLI:EU:T:2013:67.
(10) See BP Statistical Review of World Energy 2018
(11) Panel Report, Ukraine – Anti-dumping measures on Ammonium Nitrate, WT/DS493/R, para. 7.85.
(12) Judgment of the General Court (Eighth Chamber) of 7 February 2013 - EuroChem Mineral and Chemical Company OAO (EuroChem MCC) v Council of the European Union T118/10, ECLI:EU:T:2013:67; Judgment of the General Court (Eighth Chamber) of 7 February 2013 - Acron OAO v Council of the European Union, T- 84/07, ECLI:EU:T:2013:64.
(13) The exact figure is not provided as this is the company specific data.
(14) See also Panel Report, EU – Footwear (WT/DS405/R), para. 7.403.
(15) See for instance slide 8 of Yara's presentation from 11 September 2018 available via https://www.yara.com/siteassets/investors/057-reports-and-presentations/conferencesrs/2018/2018-09-11-yar-handelsbanken-presentation.pdf/
(16) BP Statistical Review of World Energy 2018;
Russian Oil and Gas Sector Regulatory Regime: Legislative Overview (King and Spalding 2017).
(17) Forecasts of socio-economic development for years 2016 – 2036 (Ministry of Economic Development of the Russian Federation).
(18) Decree of the Government of the Russian Federation of 30 August 2013 No. 754 on approving the rates of export customs duties on goods exported from the Russian Federation outside the states parties to the agreements on the Customs Union.
(19) In the Annual Report 2017, Novatek (an independent producer and supplier of natural gas) identified the price regulation as a risk in its risk management considerations stating that ‘[a]s an independent natural gas producer, Novatek is not subject to state regulation of natural gas prices. Nevertheless, the Company's prices are strongly influenced by the prices established by a Federal body.’
(20) Available at http://economy.gov.ru/minec/activity/sections/macro/prognoz/ (last viewed 4 March 2019).
(21) Page 9 of the open version of the complaint contains a graph called ‘World UAN market (2015)’. Russia's UAN market is just a fraction in the share ‘others’ (1 705 000 tons).
(22) 3 280 000 tons in 2018 according to page 94 of the open version of the complaint.
(23) For example, page 45 of Grupa Azoty Zaklady Azotowe Pulawy S. A.'s directors' report for 2018 foresees rather stable natural gas prices in the Union until 2020. This report is available in the open file (t18.010219).
(24) In light of the ‘EU Cereal farms report base on 2013 FADN data’, DG AGRI, p. 44, in a farm specialised in common wheat in France in 2013 fertilizers (all types) represented 286 EUR/ha. 21,94 % is the result of dividing 286 EUR by the sum of the operational costs (1 003 EUR/ha) and depreciation (298 EUR/ha).
(25) In light of the ‘EU Cereal farms report base on 2013 FADN data’, DG AGRI, p. 44, in a farm specialised in common wheat in France in 2013 fertilizers (all types) represented 286 EUR/ha. It was thus assumed that in such a farm UAN would have represented up to 200 EUR/ha (70 % of 286 EUR/ha, since nitrogen fertilizers account for 70 % of total fertilizer use in the EU), which is 13 % of the total costs of production in 2013. This percentage dropped after 2013. Given the drop in prices of nitrogen fertilisers in France since 2013 as published in ‘Agreste Bilan conjoncturel 2017 – Décembre 2017’ (see http://agreste.agriculture.gouv.fr/conjoncture/bilans-annuels-conjoncturels/), it can reasonably be assumed that in the 2017/2018 campaign in a farm specialised in common wheat in France using UAN as a sole source of nitrogen fertiliser UAN represented up to 10 % of total costs of production.
(26) This percentage would be 5 % if calculated with the data in footnote 24.
(27) In light of the ‘EU Cereal farms report base on 2013 FADN data’, DG AGRI, p. 44, in a farm specialised in common wheat in France in 2013 fertilizers (all types) represented 286 EUR/ha. 15,4 % is the result of dividing 286 EUR by the sum of the operational costs (1 003 EUR/ha) and depreciation (298 EUR/ha).
(28) In light of the ‘EU Cereal farms report base on 2013 FADN data’, DG AGRI, p. 44, in a farm specialised in common wheat in France in 2013 fertilizers (all types) represented 286 EUR/ha. It was thus assumed that in such a farm UAN would have represented up to 200 EUR/ha (70 % of 286 EUR/ha, since nitrogen fertilizers account for 70 % of total fertilizer use in the EU), which is 13 % of the total costs of production in 2013. This percentage dropped after 2013. Given the drop in prices of nitrogen fertilisers in France since 2013 as published in ‘Agreste Bilan conjoncturel 2017 – Décembre 2017’ (see http://agreste.agriculture.gouv.fr/conjoncture/bilans-annuels-conjoncturels/), it can reasonably be assumed that in the 2017/2018 campaign in a farm specialised in common wheat in France using UAN as a sole source of nitrogen fertiliser UAN represented up to 10 % of total costs of production.
(29) This percentage would be 5 % if calculated with the data in footnote 23.
(30) ‘EU Agricultural Outlook for the Agricultural markets and Income 2017-2030, European Commission, 2017, p. 68, inter alia.
(31) The Irish Farmers Association acknowledges that Irish farmers pay among the highest prices in the world for their fertilisers (t18.010593). The applicant links this fact to the disappearance years ago of the local producer of fertilisers (t18.011682).
(32) The carbon footprint of ammonium nitrate in the EU is 1,1 tonne CO2 equivalent/tonne product, 2,3 in the USA and 2,6 in Russia. Source: ‘Growing together’, Fertilizers Europe, 2018.
(33) European Commission, Directorate-General for Trade, Directorate H, Rue de la Loi 170, 1040 Brussels, Belgium.
(34) OJ L 79, 21.3.2019, p. 9.
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