52004PC0825

Brussels, 22.12.2004

COM(2004)825 final

Proposal for a

COUNCIL REGULATION (EC)

amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan

(presented by the Commission)

EXPLANATORY MEMORANDUM

By Council Regulation (EC) No 1015/94 (as subsequently amended), a definitive anti-dumping duty was imposed on imports of certain television camera systems originating in Japan. The Council specifically excluded from the scope of the anti-dumping duty the camera systems listed in the Annex to that Regulation, representing high-end professional camera systems technically falling within the product definition of the above mentioned Regulation, but which cannot be regarded as broadcast camera systems.

In September 2000, the Council, by Regulation (EC) No 2042/2000, confirmed the above definitive anti-dumping duties in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community.

The Commission has received requests from two Japanese exporting producers of television camera systems to add certain models of professional camera systems to the Annex to Council Regulation (EC) No 2042/2000 and thus exempt them from the application of the duty.

The attached proposal for a Council Regulation contains more detailed information showing that both models should be exempted from the application of the duty and should be included in the above mentioned Annex as they were considered to be professional camera systems.

The interested parties were informed and did not object to the attached proposal. The Anti-Dumping Committee was consulted and agreed unanimously.

It is consequently proposed to amend the Annex to Council Regulation (EC) No 2042/2000 and to approve the publication of the attached Regulation in the Official Journal of the European Union .

Proposal for a

COUNCIL REGULATION (EC)°

amending the Annex to Regulation (EC) No 2042/2000 imposing a definitive anti-dumping duty on imports of television camera systems originating in Japan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community[1], (’the basic Regulation’),

Having regard to the proposal submitted by the Commission after consulting the Advisory Committee,

Whereas:

A. PREVIOUS PROCEDURES

(1) The Council, by Regulation (EC) No 1015/94[2], imposed a definitive anti-dumping duty on imports of television camera systems (’TCS’) originating in Japan.

(2) In Article 1(3)(e) of Regulation No 1015/94, the Council specifically excluded from the scope of the anti-dumping duty camera systems listed in the Annex to that Regulation (’the Annex’), representing high-end professional camera systems technically falling within the product definition under Article 1(2) of Regulation (EC) No 1015/94, but which cannot be regarded as television camera systems.

(3) In October 1995, the Council, by Regulation (EC) No 2474/95[3], amended Council Regulation (EC) No 1015/94, in particular as regards the definition of the like product and certain models of professional camera systems which were explicitly exempted from the definitive anti-dumping duty.

(4) In October 1997, the Council, by Regulation (EC) No 1952/97[4], amended the rates of the definitive anti-dumping duty for two companies concerned, namely for Sony Corporation and Ikegami Tsushinki Co. Ltd pursuant to Article 12 of the basic Regulation. Furthermore, the Council specifically excluded from the scope of the anti-dumping duty certain new models of professional camera systems by adding them to the Annex.

(5) In January 1999 and January 2000, the Council, by Regulations (EC) No 193/1999[5] and (EC) No 176/2000[6], amended Regulation (EC) No 1015/94 by adding certain successor models of professional camera systems to the Annex and thus excluding those from the application of the definitive anti-dumping duty. In October 2004, the Council, by Regulation (EC) 1754/2004[7], amended Regulation (EC) No 176/2000.

(6) In September 2000, the Council, by Regulation (EC) No 2042/2000[8], confirmed the definitive anti-dumping duties imposed by Regulation (EC) No 1015/94 (as subsequently amended) pursuant to Article 11(2) of the basic Regulation.

(7) In January 2001 and in May 2001, the Council, by Regulations (EC) No 198/2001[9] and (EC) No 951/2001[10], amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex of Council Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.

(8) In September 2001, further to an interim review pursuant to Article 11(3) of the basic Regulation, the Council, by Regulation (EC) No 1900/2001[11] confirmed the level of the definitive anti-dumping duty imposed by Council Regulation (EC) No 2042/2000 on imports of TCS from the exporting producer Hitachi Denshi Ltd.

(9) In September 2002, the Council, by Regulation (EC) No 1696/2002[12], amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex of Council Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.

(10) In April 2004, the Council, by Regulation (EC) No 825/2004[13], amended Regulation (EC) No 2042/2000 by adding certain successor models of professional camera systems to the Annex of Council Regulation (EC) No 2042/2000 and thus excluding them from the application of the definitive anti-dumping duty.

B. INVESTIGATION CONCERNING NEW MODELS OF PROFESSIONAL CAMERA SYSTEMS

1. Procedure

(11) Two Japanese exporting producers, namely Sony Corporation (‘Sony’) and Victor Company of Japan Limited (‘JVC’) informed the Commission that they intended to introduce new models of professional camera systems into the Community market and requested the Commission to add these new models of professional camera systems, including their accessories, to the Annex of Council Regulation (EC) No 2042/2000 and thus exempt them from the scope of the anti-dumping duties.

(12) The Commission informed the Community industry accordingly and commenced an investigation limited to the determination of whether the products under consideration fall within the scope of the anti-dumping duties and whether the operational part of Regulation (EC) No 2042/2000 should be amended accordingly.

2. Models under investigation

(13) The requests for exemption were received for the following models of camera systems, supplied with the relevant technical information:

(i) Sony:

- viewfinder HDVF-C30W

(ii) JVC:

- Camera head KY-F560E

The Sony viewfinder was presented as a model which can only be used with camcorders, cameras that are outside the scope of Regulation (EC) No 2042/2000. The JVC model was presented as a successor of a professional camera model already excluded from the anti-dumping measure in force.

3. Findings

i) Viewfinder HDVF-C30W

(14) As far as viewfinder HDVF-C30W is concerned, it was found that it falls under the product description of Article 1(2)(b) of Council Regulation (EC) No 2042/2000. However, it can only be used with camera heads that do not fall under the product description of Article 1(2)(a) of the same Regulation. In particular, the signal-to-noise ratio of these camera heads is 54 dB, whereas the description in Council Regulation (EC) No 2042/2000 for the camera heads requires ‘55 dB or more at normal gain’. Therefore, it was concluded that this viewfinder should be regarded as a professional camera system falling within the definition of Article 1(3)(e) of Council Regulation (EC) No 2042/2000. As a consequence, this viewfinder should be excluded from the scope of the existing anti-dumping measures and added to the Annex of Council Regulation (EC) No 2042/2000.

(15) In accordance with the established Community Institutions' practice, this model should be exempted from the duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following viewfinder imported on or after 1st April 2003 should be exempted from the duty from this date:

Sony – Viewfinder HDVF-C30W

ii) Camera head KY-F560E

(16) With regard to the camera head KY-F560E, it was found that, although falling within the product description of Article 1(2)(a) of Council Regulation (EC) No 2042/2000, this model is mainly used in technical and medical applications. It was therefore concluded that this model was to be regarded as a professional camera system falling within the definition of Article 1(3)(e) of Council Regulation (EC) No 2042/2000. It should therefore be excluded from the scope of the existing anti-dumping measures and added to the Annex of Council Regulation (EC) No 2042/2000.

(17) In accordance with the established Community Institutions' practice, this model should be exempted from the duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following camera model imported on or after 15th April 2004 should be exempted from the duty from this date:

JVC - Camera head KY-F560E

4. Information of the interested parties and conclusions

(18) The Commission informed the Community industry and the exporters of the TCS of its findings and provided them with an opportunity to present their views. None of the parties objected to the Commission's findings.

(19) On the basis of the above, Regulation (EC) No 2042/2000 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex of Council Regulation (EC) No 2042/2000 shall be replaced by the Annex hereto.

Article 2

1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

2. This Regulation shall apply to imports of the following models produced and exported to the Community by the following exporting producers:

(a) Sony Corporation (Sony) from 1st April 2003:

- Viewfinder HDVF-C30W

(b) Victor Company of Japan Limited (JVC) from 15th April 2004:

- Camera head KY-F560E

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX

List of professional camera systems not qualified as television camera systems (broadcast camera systems) which are exempted from the measures

+++++ TABLE +++++

[1] OJ L 56, 6.3.1996, p.1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77 of 13.3.2004, p. 12).

[2] OJ L 111, 30.4.1994, p.106. Regulation as last amended by Council Regulation (EC) No 176/2000 (OJ L 22, 27.1.2000, p. 29).

[3] OJ L 255, 25.10.1995, p. 11.

[4] OJ L 276, 9.10.1997, p. 20.

[5] OJ L 22, 29.1.1999, p. 10.

[6] OJ L 22, 27.1.2000, p. 29.

[7] OJ L 313, 12.10.2004, p. 1.

[8] OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Regulation (EC) No 825/2004 (OJ L 127, 29.4.2004, p. 12).

[9] OJ L 30, 1.2.2001, p. 1.

[10] OJ L 134, 17.5.2001, p.18.

[11] OJ L 261, 29.9.2001, p.3.

[12] OJ L 259, 27.9.2002, p.1.

[13] OJ L 127, 29.4.2004, p. 12.