L 169/50 Official Journal of the European Union 29.6.2012 COMMISSION REGULATION (EU) No 572/2012 of 28 June 2012 making imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China subject to registration THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to the judgment of the European Court of Justice (ECJ) of 22 March 2012 in Case C-338/10, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation’), and in particular Articles 10(4) and 14(5) thereof, After consulting the Advisory Committee, Whereas: The European Commission (‘the Commission') has received a request, pursuant to Article 14(5) of the basic Regulation, to make imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China subject to registration. A. PRODUCT CONCERNED (1) The product concerned by this registration is prepared or preserved mandarins (including tangerines and satsumas), clementines, wilkings and other similar citrus hybrids, not containing added spirit, whether or not containing added sugar or other sweetening matter, and as defined under CN heading 2008, currently falling within CN codes 2008 30 55, 2008 30 75 and ex 2008 30 90 (TARIC codes 2008 30 90 61, 2008 30 90 63, 2008 30 90 65, 2008 30 90 67, 2008 30 90 69) orig- inating in the People’s Republic of China. B. THE COURT JUDGEMENT 2) On 22 March 2012, in Case C-338/10, the European Court of Justice (‘ECJ') declared Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) orig- inating in the People’s Republic of China (?) (‘definitive anti-dumping Regulation' or 'the contested Regulation) invalid. () O] L 343, 22.12.2009, p. 51. (3 OJ L 350, 30.12.2008, p. 35. (3)  The ECJ judgment was based on the ground that the Commission had not taken all due care to determine the normal value on the basis of the price or constructed value in a market economy third country as prescribed by Article 2(7)(a) of the basic Regulation. (4)  As a consequence of that judgment, imports into the European Union of certain prepared or preserved citrus fruits (namely mandarins, etc.) are no longer subject to the anti-dumping measures imposed by Regulation (EC) No 1355/2008. (5)  Following the ECJ judgment, the Commission has thus decided to reopen the anti-dumping investigation concerning imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China initiated pursuant to the basic Regulation. The reopening is limited in scope to the implementation of the finding of the ECJ as recalled above. () C. REQUEST (6)  Following the ECJ] judgement, the Spanish National Federation of Associations of Processed Fruit and Vegetables (FENAVAL', previously named 'FNACV') (‘the applicant’) requested that imports of the product concerned are made subject to registration pursuant to Article 14(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration. D. GROUNDS FOR THE REGISTRATION (7)  The applicant submitted that the declaration of invalidity by the ECJ of the anti-dumping measures concerned more than one and a half year before their envisaged expiry, for reasons other than the absence of dumping and subsequent injury, heavily jeopardizes its viability. In this respect it pointed in particular at the immediate risk of significant stockpiling of imports concerned, as had already been seen in the past. It therefore requested the registration of such imports. (8)  According to Article 14(5) of the basic Regulation, the Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures () O] C 175, 19.6.2012, p. 19.