52005PC0365

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 05.08.2005

COM(2005) 365 final

Proposal for a

COUNCIL REGULATION

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

CONTEXT OF THE PROPOSAL |

110 | Grounds for and objectives of the proposal This proposal concerns the application of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as last amended by Council Regulation (EC) No 461/2004 of 8 March 2004 ("the basic Regulation") and aims at including television camera systems in an Annex to Regulation 2042/2000. This annex contains a list of television camera systems which, although falling in the product description, cannot be regarded as broadcast camera systems and therefore have to be exempted from the anti-dumping duty. |

120 | General context This proposal is made in the context of the implementation of the basic Regulation and is the result of an investigation which was carried out in line with the substantive and procedural requirements laid out in the basic Regulation. |

139 | Existing provisions in the area of the proposal There are no existing provisions in the area of the proposal. |

141 | Consistency with other policies and objectives of the Union Not applicable. |

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT |

Consultation of interested parties |

219 | Interested parties concerned by the proceeding have already had the possibility to defend their interests during the investigation, in line with the provisions of the basic Regulation. |

Collection and use of expertise |

229 | There was no need for external expertise. |

230 | Impact assessment This proposal is the result of the implementation of the basic regulation. The basic regulation does not foresee a general impact assessment but contains an exhaustive list of conditions that have to be assessed. |

LEGAL ELEMENTS OF THE PROPOSAL |

305 | Summary of the proposed action The Commission received requests from three Japanese exporting producers of television camera systems to add certain models of professional camera systems to the Annex to Council Regulation 2042/2000 and thus exempt them from the application of the duty. All models concerned were considered as professional camera systems which should be exempted from the application of the duty. It is therefore proposed to exempt all models exported by Ikegami, Hitachi and Matsushita under Article 1(3)(e) and consequently add them to the Annex. It is therefore proposed that the Council adopt the attached proposal for a Regulation. |

310 | Legal basis Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as last amended by Council Regulation (EC) No 461/2004 of 8 March 2004. |

329 | Subsidiarity principle The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply. |

Proportionality principle The proposal complies with the proportionality principle for the following reason(s). |

331 | The form of action is described in the above-mentioned basic regulation and leaves no scope for national decision. |

332 | Indication of how financial and administrative burden falling upon the Community, national governments, regional and local authorities, economic operators and citizens is minimized and proportionate to the objective of the proposal is not applicable. |

Choice of instruments |

341 | Proposed instruments: regulation. |

342 | Other means would not be adequate for the following reason(s). The above-mentioned basic regulation does not foresee alternative options. |

BUDGETARY IMPLICATION |

409 | The proposal has no implication for the Community budget. |

1. Proposal for a

COUNCIL REGULATION

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 as regards 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 Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community[5] (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[6] and (EC) No 176/2000[7], 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.

(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 and April 2004, the Council, by Regulations (EC) No 1696/2002[12] and 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.

(10) In January 2005, the Council, by Regulation (EC) No 84/2005[14], amended Regulation (EC) No 2042/2000 by adding two 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) Three Japanese exporting producers, namely Ikegami Tsushinki Co., Ltd (‘Ikegami’) Hitachi Denshi (Europa) GmbH (‘Hitachi’) and Matsushita 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 Council 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) Ikegami:

- Camera heads HC-500 and HC-500W;

(ii) Hitachi:

- Camera head V-35;

- Camera control unit RU-Z35;

- Camera adaptor CA-Z35;

- Camera adaptor EA-Z35;

(iii) Matsushita:

- Camera head AW-E860L.

All models were presented as successors of models already excluded from the anti-dumping measures in force.

3. Findings

i) Camera head HC-500 and HC-500W

(14) As far as camera heads HC-500 and HC-500W are concerned, it was found that they fall under the product description of Article 1(2)(a) of Council Regulation (EC) No 2042/2000. However, these models are mainly used for professional applications. The Community industry claimed that the above camera heads could be used for broadcast purposes in connection with the correspondent triax system and/or triax adaptor. Nevertheless, on the basis of the information available and as for its predecessor models, it was found the camera heads HC-500 and HC-500W are not sold with the corresponding triax system or adaptor on the EC market. Consequently, on the Community market, these models were not used as broadcast cameras within the meaning of Regulation (EC) No 2042/2000. Therefore, in accordance with the Community institution’s prior practice, it was concluded that these cameras should be regarded as professional camera systems falling within the definition of Article 1(3)(e) of Council Regulation (EC) No 2042/2000. As a consequence, these models 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, these models should be exempted from the anti-dumping duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following cameras imported on or after 28th October 2004 should be exempted from the anti-dumping duty from this date:

Ikegami – Camera heads HC-500 and HC-500W;

ii) Camera head V-35, camera control unit RU-Z35 and camera adaptors CA-Z35 and EA-Z35

(16) With regard to the camera head V-35, base station RU-Z35 and adaptors CA-Z35 and EA-Z35, it was found that they fall within the product description of Article 1(2)(a) of Council Regulation (EC) No 2042/2000. However, they are mainly used for professional applications and are not sold with the corresponding triax system or adaptor on the EC market. Therefore, it was concluded that they 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 system (head, base station and adaptors) and its accessories should 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 television camera system should be exempted from the anti-dumping duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following camera and its accessories imported on or after 27th January 2005 should be exempted from the anti-dumping duty from this date:

Hitachi - colour camera head V-35, Camera control unit RU-Z35, Camera adaptors CA-Z35 and EA-Z35

iii) Camera head AW-E860L

(18) With regard to the camera head AW-E860L, it was found that it was almost identical to its predecessor models already listed in the Annex to Regulation (EC) No 2042/2000. The new model was merely a technical update with regard to new environmental requirements in the Community. Therefore, it was concluded that this model should be excluded from the scope of the existing anti-dumping measures.

(19) In accordance with the established Community Institutions' practice, this television camera system should be exempted from the anti-dumping duty from the date of receipt by the Commission services of the relevant request for exemption. Therefore, all imports of the following camera imported on or after 10th May 2005 should be exempted from the anti-dumping duty from this date:

Matsushita – Camera head AW-E860L .

4. Information of the interested parties and conclusions

(20) 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.

(21) 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) Ikegami Tsushinki Co., Ltd from 28th October 2004:

- Camera head HC-500;

- Camera head HC-500W.

(b) Hitachi Denshi (Europa) GmbH from 27th January 2005:

- Camera head V-35;

- Camera control unit RU-Z35;

- Camera adaptor CA-Z35;

- Camera adaptor EA-Z35.

(c) Matsushita from 10th May 2005

- Camera head AW-E860L.

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

Company name | Camera heads | Viewfinder | Camera control unit | Operational control unit | Master control unit | Camera adapters |

Sony | DXC-M7PK DXC-M7P DXC-M7PH DXC-M7PK/1 DXC-M7P/1 DXC-M7PH/1 DXC-327PK DXC-327PL DXC-327PH DXC-327APK DXC-327APL DXC-327AH DXC-537PK DXC-537PL DXC-537PH DXC-537APK DXC-537APL DXC-537APH EVW-537PK EVW-327PK DXC-637P DXC-637PK | DXF-3000CE DXF-325CE DXF-501CE DXF-M3CE DXF-M7CE DXF-40CE DXF-40ACE DXF-50CE DXF-601CE DXF-40BCE DXF-50BCE DXF-701CE DXF-WSCE(1) DXF-801CE(1) HDVF-C30W | CCU-M3P CCU-M5P CCU-M7P CUU-M5AP(1) | RM-M7G RM-M7E(1) | __ | CA-325P CA-325AP CA-325B CA-327P CA-537P CA-511 CA-512P CA-513 VCT-U14(1) |

DXC-637PL DXC-637PH PVW-637PK PVW-637PL DXC-D30PF DXC-D30PK DXC-D30PL DXC-D30PH DSR-130PF DSR-130PK DSR-130PL PVW-D30PF PVW-D30PK PVW-D30PL DXC-327BPF DXC-327BPK DXC-327BPL DXC-327BPH DXC-D30WSP(1) DXC-D35PH(1) DXC-D35PL(1) DXC-D35PK(1) DXC-D35WSPL(1) DSR-135PL(1) |

Ikegami | HC-340 HC-300 HC-230 HC-240 HC-210 HC-390 LK-33 HDL-30MA HDL-37 HC-400(1) HC-400W(1) HDL-37E HDL-10 HDL-40 HC-500(1) HC-500W(1) | VF15-21/22 VF-4523 VF15-39 VF15-46(1) VF5040(1) VF5040W(1) | MA-200/230 MA-200A(1) MA-400(1) CCU-37 CCU-10 | RCU-240 RCU-390(1) RCU-400(1) RCU-240A | __ | CA-340 CA-300 CA-230 CA-390 CA-400(1) CA-450(1) |

Hitachi | SK-H5 SK-H501 DK-7700 DK-7700SX HV-C10 HV-C11 HV-C10F Z-ONE (L) Z-ONE (H) Z-ONE Z-ONE A (L) Z-ONE A (H) Z-ONE A (F) Z-ONE A Z-ONE B (L) Z-ONE B (H) Z-ONE B (F) Z-ONE B Z-ONE B (M) Z-ONE B (R) FP-C10 (B) FP-C10 (C) FP-C10 (D) FP-C10 (G) FP-C10 (L) FP-C10 (R) FP- C10 (S) FP-C10 (V) FP-C10 (F) FP-C10 FP-C10 A FP-C10 A (A) FP-C10 A (B) FP-C10 A (C) FP-C10 A (D) FP-C10 A (F) FP-C10 A (G) FP-C10 A (H) FP-C10 A (L) FP-C10 A (R) FP-C10 A (S) FP-C10 A (T) FP-C10 A (V) FP-C10 A (W) Z-ONE C (M) Z-ONE C (R) Z-ONE C (F) Z-ONE C HV-C20 HV-C20M Z-ONE-D Z-ONE-D (A) Z-ONE-D (B) Z-ONE-D (C) Z-ONE.DA(1) V-21(1) V-21W(1) V-35(1) | GM-5 (A) GM-5-R2 (A) GM-5-R2 GM-50 GM-8A(1) GM-9(1) GM-51(1) | RU-C1 (B) RU-C1 (D) RU-C1 RU-C1-S5 RU-C10 (B) RU-C10 (C) RC-C1 RC-C10 RU-C10 RU-Z1 (B) RU-Z1 (C) RU-Z1 RC-C11 RU-Z2 RC-Z1 RC-Z11 RC-Z2 RC-Z21 RC-Z2A(1) RC-Z21A(1) RU-Z3(1) RC-Z3(1) RU-Z35(1) | __ | __ | CA-Z1 CA-Z2 CA-Z1SJ CA-Z1SP CA-Z1M CA-Z1M2 CA-Z1HB CA-C10 CA-C10SP CA-C10SJA CA-C10M CA-C10B CA-Z1A(1) CA-Z31(1) CA-Z32(1) CA-ZD1(1) CA-Z35(1) EA-Z35(1) |

Matsushita | WV-F700 WV-F700A WV-F700SHE WV-F700ASHE WV-F700BHE WV-F700ABHE WV-F700MHE WV-F350 WV-F350HE WV-F350E WV-F350AE WV-F350DE WV-F350ADE WV-F500HE (*) WV-F-565HE AW-F575HE AW-E600 AW-E800 AW-E800A AW-E650 AW-E655 AW-E750 AW-E860L | WV-VF65BE WV-VF40E WV-VF39E WV-VF65BE (*) WV-VF40E (*) WV-VF42E WV-VF65B AW-VF80 | WV-RC700/B WV-RC700/G WV-RC700A/B WV-RC700A/G WV-RC36/B WV-RC36/G WV-RC37/B WV-RC37/G WV-CB700E WV-CB700AE WV-CB700E (*) WV-CB700AE (*) WV-RC700/B (*) WV-RC700/G (*) WV-RC700A/B (*) WV-RC700A/G (*) WV-RC550/G WV-RC550/B WV-RC700A WV-CB700A WV-RC550 WV-CB550 AW-RP501 AW-RP505 | __ | __ | WV-AD700SE WV-AD700ASE WV-AD700ME WV-AD250E WV-AD500E (*) AW-AD500AE AW-AD700BSE |

JVC | KY-35E KY-27ECH KY-19ECH KY-17FITECH KY-17BECH KY-F30FITE KY-F30BE KY-F560E KY-27CECH KH-100U KY-D29ECH KY-D29WECH(1) | VF-P315E VF-P550E VF-P10E VP-P115E VF-P400E VP-P550BE VF-P116E VF-P116WE(1) VF-P550WE(1) | RM-P350EG RM-P200EG RM-P300EG RM-LP80E RM-LP821E RM-LP35U RM-LP37U RM-P270EG RM-P210E | __ | __ | KA-35E KA-B35U KA-M35U KA-P35U KA-27E KA-20E KA-P27U KA-P20U KA-B27E KA-B20E KA-M20E KA-M27E |

Olympus | MAJ-387N MAJ-387I | OTV-SX 2 OTV-S5 OTV-S6 |

Camera OTV-SX |

(*)Also called master set up unit (MSU) or master control panel (MCP). (1) Models exempted under the condition that the corresponding triax system or triax-adapter is not sold on the EC market. |

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

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

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

[8] OJ L 244, 29.9.2000, p. 38. Regulation as last amended by Council Regulation (EC) No 84/2005 (OJ L 19, 21.1.2005, p. 9).

[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.

[14] O J L 19 , 21.1.2005, p. 9.