WRITTEN QUESTION No. 13/98 by Hiltrud BREYER to the Commission. Unauthorized release of Monsanto sugar beet in the Netherlands
17. 7. 98 EN Official Journal of the European Communities C 223/83 (98/C 223/103) WRITTEN QUESTION E-0011/98 by Graham Mather (PPE) to the Commission (29 January 1998) Subject: Review of measures applicable to silicon originating in the Peopleís Republic of China Following the completion of a lengthy review of these measures, in July 1997 the Commission brought forward to the Member States proposals to increase duties payable on silicon originating in the Peopleís Republic of China. These proposals were rejected by eight votes to seven in the Anti-Dumping Committee, yet the Commission proceeded with their proposals and have referred them to the Council of Ministers. 1. On what basis was the Commissionís decision to overlook the recommendations of the Anti-Dumping Committee taken? 2. What is the justification for the proposal to raise these duties? 3. When is the abandonment of these duties envisaged? Answer given by Sir Leon Brittan on behalf of the Commission (18 February 1998) Anti-dumping procedures are governed by Council Regulation (EC) No 384/96, Article 9(4) of which provides that definitive anti-dumping duties, such as are mentioned by the Honourable Member, are imposed by the Council, acting by a simple majority. Before submitting its proposal to the Council, the Commission consults the advisory committee, which does not formally accept or reject the Commissionís proposal as it has no decision making powers in this respect, the decision being reserved for the Council. As regards the specific case of measures imposed on imports of silicon metal originating in China, the Commissionís proposal in the light of the review was not that the duties should be increased, but that the duty should be changed from the present fixed duty of ECU 396 per tonne to an ad valorem duty of 49%, (which, if expressed as a fixed duty, amounts to ECU 376. 5 per tonne). The new duty therefore represents a decrease in the level of the measures. The proposal having been adopted by the Council after a review covering both dumping and injury, the measures are, pursuant to Article 11(1) of Council Regulation (EC) No 384/96, due to lapse on 17 December 2002 (five years after their entry into force). However, in accordance with Article 11(3) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1): 3. the. imposition of measures may also be reviewed. provided that a reasonable period of time of at least one year has elapsed since the imposition of the definitive measure, upon a request by any exporter or importer or by the Community producers which contains sufficient evidence substantiating. that the continued imposition of the measure is no longer necessary to offset dumping and/or that the injury would be unlikely to continue or recur [. ] Should such a review conclude that the measures were no longer necessary, they would be repealed with effect from the conclusion of the review. (1) OJ L 56, 6. 3. 1996. (98/C 223/104) WRITTEN QUESTION E-0013/98 by Hiltrud Breyer (V) to the Commission (29 January 1998) Subject: Unauthorized release of Monsanto sugar beet in the Netherlands There are reports that two tons of sugar beet from field trials in the Netherlands, which had not been approved for marketing for any purpose, were mixed with conventional crops and entered the food chain as refined sugar via the Dutch Co-operative Sugar Company. The pulp has reportedly been used for animal feed