INHALT

Commission Implementing Regulation (EU) 2019/2092 of 28 November 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Indonesia

COMMISSION IMPLEMENTING REGULATION (EU) 2019/2092
of 28 November 2019
imposing a definitive countervailing duty on imports of biodiesel originating in Indonesia
1.
PROCEDURE
1.1.
Initiation
1.2.
Provisional measures
1.3.
Subsequent procedure
1.4.
Investigation period and period considered
2.
PRODUCT CONCERNED AND LIKE PRODUCT
2.1.
Claims regarding the product scope
3.
SUBSIDISATION
3.1.
Government support to the biodiesel industry through direct transfer of funds via the Oil Palm Plantation Fund
3.1.1.
Financial contribution
3.1.2.
Benefit
3.1.3.
Methodology used in the calculation of the total amount of benefit
3.2.
Government support to the biodiesel industry through the provision of CPO for less than adequate remuneration
3.2.1.
Failure to prove the existence of a financial contribution
3.2.2.
Failure to prove entrustment or direction under Article 3(1)(a)(iv) of the basic Regulation
3.2.3.
Failure to prove income or price support under Article 3(1)(b) of the basic Regulation
3.2.4.
Failure to prove existence of a benefit: error in identifying the appropriate benchmark
3.2.5.
Specificity
3.3.
Government support to the biodiesel industry through the exemption of import duties on imported machinery into bonded zones
3.4.
General comment on the methodology used for the subsidy calculations
3.5.
Conclusion on subsidisation
4.
INJURY
4.1.
Definition of the Union industry and Union production
4.2.
Union consumption
4.3.
Imports from Indonesia and price undercutting
4.3.1.
General observations concerning the EU biodiesel market
4.3.2.
Method 1 — Comparing PME imports to PME produced in the EU
4.3.3.
Method 2 — comparing PME imports to sales of EU produced PME and also EU produced biodiesel at CFPP0 (FAME0)
4.3.4.
Method 3 — comparing all imports of biodiesel from Indonesia to all Union sales of biodiesel without any adjustment to the price
4.3.5.
Post-importation costs
4.4.
Economic situation of the Union industry
4.4.1.
General remarks
4.4.2.
Macroeconomic indicators
4.4.2.1. Production capacity and capacity utilisation
4.4.2.2. Sales volume and market share
4.4.2.3. Growth
4.4.2.4. Employment and productivity
4.4.2.5. Magnitude of the amount of countervailable subsidies and recovery from past subsidisation or dumping
4.4.3.
Microeconomic indicators
4.4.3.1. Prices and factors affecting prices
4.4.3.2. Labour costs
4.4.3.3. Stocks
4.4.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital
4.4.4.
Conclusion on injury
4.5.
Economic indicators following the investigation period
5.
THREAT OF INJURY
5.1.
The nature of the subsidies in question
5.2.
Significant rate of increase of subsidised imports
5.3.
Sufficient freely disposable capacity and absorption capacity of third countries
5.4.
Price level of subsidised imports
5.5.
Level of stocks
5.6.
Conclusion
6.
CAUSATION
6.1.
Effects of the subsidised imports from Indonesia
6.2.
Other known factors
6.2.1.
Imports from Argentina
6.2.2.
Imports from other third countries
6.2.3.
Imports from third countries after the investigation period
6.2.4.
Export performance of the Union industry
6.2.5.
Price of raw materials (feedstock)
6.2.6.
Internal EU competition and performance differences between sampled Union producers
6.3.
Conclusion on causation
7.
UNION INTEREST
7.1.
Interest of the Union industry
7.2.
Interest of unrelated importers
7.3.
Interest of users
7.4.
Trade distorting effects of subsidies and restoring effective competition
7.5.
Conclusion on Union interest
8.
REGISTRATION
9.
DEFINITIVE COUNTERVAILING MEASURES
9.1.
Level of countervailing measures
9.2.
Price undertaking offers
9.3.
Definitive measures
9.4.
Release of the provisional duties
Article 1
Article 2
Article 3