for all susceptible plants within 10 m radius of the infected plants, and any remaining plants from the affected lot, the plants have been retained at the place of production and additional inspections have been carried out at least twice in the three months following the finding when the plants are in active growth and they have been found free from the harmful organism in these inspections,

It is considered that, should the anti-dumping measures imposed in the previous investigation be repealed, injurious dumping is likely to recur and that the situation of the Community industry, which improved during the period under review, would deteriorate.

In carrying out the checks for plant health purposes, the importing Party shall ensure that the plants, plant products and other goods and their packaging shall be meticulously inspected on an official basis, either in their entirety or by representative sample, and that if necessary the vehicles transporting them shall be inspected meticulously on an official basis in order to make sure, as far as can be determined, that they are not contaminated by pests.

A definitive countervailing measure shall expire five years from its imposition or five years from the date of the most recent review which has covered both subsidization and injury, unless it is determined in a review that the expiry would be likely to lead to a continuation or recurrence of subsidization and injury.

(31) The current interim review should be terminated without the imposition of measures because only a small part of imports of the product concerned originating in India was dumped and this negligible volume of dumped imports, which is not likely to change significantly in future, cannot cause injury.

(85) The conclusions reached above as to dumping, injury, causation and Community interest call for definitive measures, both for the countries under the new investigation and for those under the review investigation, with the exception of Croatia, for which the anti-dumping proceeding should be terminated.

(38) Therefore, based on the findings of this review, the causal link established between dumping and injury in the original case can not be assumed to be present in this investigation, although the current partial interim review did not expressly include a review of the causality established in the original case.

Under this procedure, the rapporteur of the committee responsible entrusted with these cases has the power to examine immediately any resignation duly notified and, where any delay in considering the notification would be prejudicial, to refer the matter to the committee chairman asking him, pursuant to paragraph 3:

The applicant Community producers did not request the initiation of an expiry review concerning imports originating in Croatia on the grounds that available statistics show very low exports worldwide and, accordingly, no reliable evidence concerning the likely recurrence of injurious dumping.

Whereas the Commission should keep under review the implementation and practical application of this and other relevant directives and take steps to ensure coordination of the application of all relevant directives in order to avoid disturbance to telecommunications equipment which affects the health of humans or is harmful to property;

issued after official verification that no signs of non-European isolates of the harmful organism have been observed on any susceptible plants at the place of production during official inspections, including laboratory testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation.

Where it is found (as a result of the examination procedure, unless the factual and legal situation is such that an examination procedure may not be required) that action is necessary in the interests of the Community in order to ensure the exercise of the Community's rights under international trade rules, with a view to removing the injury or the adverse trade effects resulting from obstacles to trade adopted or maintained by third countries, the appropriate measures shall be determined in accordance with the procedure set out in Article 13.

no signs of European isolates of the harmful organism have been observed on the above plants on the place of production since the beginning of the last complete cycle of vegetation on official inspections, including laboratory testing of any suspicious symptoms, carried out at least once at appropriate times when the plants are in active growth;

As indicated above, this investigation is a combination of an expiry review based on Article 11(2) of the basic Regulation and an interim review based on Article 11(3), the latter having been initiated to examine information contained in the request for review indicating that the injurious dumping had increased.

In this case, the Commission decided not to pursue this Article 11(3) review for the reasons explained at recital 16. The Commission's findings are, therefore, based on those established under Article 11 (2) relating to the likelihood of continuation and recurrence of injurious dumping should the existing measures be removed.

For Chamaecyparis and Pinus plants, the plants of the genus Chamaecyparis Spach and of the genus Pinus L. which have been grown in the abovementioned naturally or artificially dwarfed plants nurseries and their immediate vicinity shall have been officially inspected at least six times a year at appropriate intervals, for the presence of harmful organisms of concern.

For Chamaecyparis and Pinus plants, the plants of the genus Chamaecyparis Spach and of the genus Pinus L., which have been grown in the abovementioned naturally or artificially dwarfed plants nurseries and their immediate vicinity, shall have been officially inspected at least six times a year at appropriate intervals, for the presence of harmful organisms of concern.

Therefore, the determination of injury is limited to the overall economic situation of the cooperating Community producers constituting the Community industry as defined in recital 42. Besides this, the table in recital 86 shows that the market share of the other Community producers also decreased, to a significant extent, during the period under consideration.

A clerical error was found in the provisional Regulation, and it is confirmed that, as showed in the various tables below, the examination of trends relevant for the injury analysis covered the period from 1 January 1996 (and not 1 October 1997 as stated in the provisional Regulation) to the end of the IP (period under consideration).

The present review exceeded the period of one year within which it should normally have been concluded pursuant to Article 11(5) of the Basic Regulation, due to the complexity of the investigation, and in particular due to the difficulties in obtaining and assessing data concerning the currency devaluation in the Far East and its impact on the likelihood of continuation or recurrence of injurious dumping.

whereas such access and such information are required to ensure that vehicles may be inspected, serviced and repaired without hindrance throughout the European Union, and that competition in the market for vehicle parts and repairs is not distorted to the disadvantage of part manufacturers, independent vehicle-part wholesalers, independent repair garages and consumers;

The injury margin for Belarus was revised to take into account the fact that the customs duty applicable for imports originating in Belarus was 6,8% in 1998 and 6,5 % in 1999 while, as mentioned above, the Commission, in the calculation of the cif Community frontier value, ex-quay, duty paid, used 6,5 % for all imports.

The plants and the adhering or associated growing medium (hereinafter referred to as "the material") shall be accompanied by a phytosanitary certificate issued in the Republic of Korea in accordance with Article 7 of Directive 2000/29/EC, on the basis of the examination laid down in Article 6 of that Directive relating to the conditions laid down therein, in particular freedom from harmful organisms of concern, as well as to the requirements specified in points 1 to 7.

by visual examination upon arrival and at regular intervals thereafter, having regard to the type of material and its state of development during the quarantine period, for harmful organisms or symptoms caused by any harmful organism;(ii) by appropriate testing of any symptom observed in the visual examination in order to identify the harmful organisms having caused such symptoms.

be potted, at least during the same period, in pots which are placed either on shelves at least 50 cm above ground or onto flooring, impenetrable for nematodes, which is well maintained and free from debris;(b) be found free, in the inspections referred to in point 4, from the harmful organisms of concern specified in point 4 and not be affected by the measures referred to in point 5;(c) if they belong to the genus Pinus L. and in the case of grafting on a rootstock of a Pinus species other than Pinus parviflora Sieb.

The plants and the adhering or associated growing medium (hereinafter referred to as the material) shall be accompanied by a phytosanitary certificate issued in Japan in accordance with Article 7 of Directive 2000/29/EC, on the basis of the examination laid down in Article 6 of that Directive relating to the conditions laid down therein, in particular freedom from harmful organisms of concern, as well as to the requirements specified in points 1 to 7.

For Juniperus plants, the plants of the genera Chaenomeles Lindl., Crataegus L, Cydonia Mill., Juniperus L, Malus Mill., Photinia Ldl. and Pyrus L, which have been grown in the two last years prior to dispatch in the abovementioned naturally or artificially dwarfed plants nurseries and their immediate vicinity shall have been officially inspected at least six times a year at appropriate intervals for the presence of harmful organisms of concern.

Susceptible plants and susceptible wood may only be introduced into the territory of the Community if they comply with the emergency phytosanitary measures laid down in points la and 2 of the Annex to this Decision and if they are inspected on entry into the Community for the presence of non-European isolates of the harmful organism, in accordance with Article 13(l)(a) of Directive 2000/29/EC, and found free from the harmful organism in this inspection.

For Juniperus plants, the plants of the genera Chaenomeles Lindl., Crataegus L., Cydonia Mill., Juniperus L., Malus Mill., Photinia Ldl. and Pyrus L., which have been grown in the two last years prior to dispatch in the abovementioned naturally or artificially dwarfed plants nurseries and their immediate vicinity, shall have been officially inspected at least six times a year at appropriate intervals for the presence of harmful organisms of concern.

An interim review shall be initiated where the request contains sufficient evidence that the continued imposition of the measure is no longer necessary to offset the countervailable subsidy and/or that the injury would be unlikely to continue or recur if the measure were removed or varied, or that the existing measure is not, or is no longer, sufficient to counteract the countervailable subsidy which is causing injury.

In carrying out investigations under this Article, the exporters, importers, the country of origin and/or export and the Community producers shall be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request, and conclusions shall be reached with due account taken of all relevant and duly documented evidence presented in relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead to the continuation or recurrence of subsidization and injury.

The information referred to in paragraph 1 shall also be used to establish, in accordance with the Treaty, whether the Member State from which the consignment(s) came did not detect their non-compliance which resulted in the appearance of the harmful organism in the area concerned because that Member State failed to meet one of its obligations under the Treaty and under the provisions of this Directive relating in particular to the examinations laid down in Article 6 or the inspections laid down in Article 13(1).

Member States shall ensure that in the context of the checks provided for in Article 14 tests are carried out to detect any residues of substances having a pharmacological or hormonal action, and of antibiotics, pesticides, detergents and other substances which are harmful or which might alter the organoleptic characteristics of milk or milk-based products or make their consumption dangerous or harmful to human health, insofar as those residues exceed the permitted tolerance limits.

Where, following the amendments made to the nomenclature, the changes to the origin rules as introduced by Decision No 38/2003 alter the substance of any rule existing prior to Decision 38/2003, and it appears that such alteration results in a situation prejudicial to the interests of the sectors concerned, then, if one of the Contracting Parties so requests in theperiod up to and including 31 December 2004, an examination shall be made as a matter of urgency by the EEA Joint Committee of the need to restore the substance of the rule concerned as it was before Decision 38/2003.

A determination as to whether the Community interest calls for intervention should be based on an appraisal of all the various interests taken as a whole, including the interests of the domestic industry and users and consumers; a determination pursuant to this Article shall be made only where all parties have been given the opportunity to make their views known pursuant to paragraph 2. In such an examination, the need to eliminate the trade-distorting effects of injurious subsidization and to restore effective competition shall be given special consideration.

The Member State from which the consignment(s) carrying the harmful organism came, whether or not the same Member State as that referred to above, shall forthwith inform the Commission, at the latter's request, of all details relating to the origin or origins of the consignment(s) and the administrative handling involved, including the examinations, inspections and controls provided for in this Directive, in order to determine why that Member State failed to detect that the consignment(s) did not comply with the provisions of this Directive.

(67) Although the world economic recession of 1993, as well as the restructuring of the Community industry, may have had some negative impact on the performance of the Community industry during the period considered, it must be concluded, on the basis of the above considerations, that the cumulative effect of the dumped imports from the Czech Republic, Hungary, Poland, Romania, Russia and the Slovak Republic, considered in isolation, has, through substantial price undercutting and significant quantities of dumped imports, caused material injury to the Community industry, and that the existing anti-dumping measures under review have not fully achieved their intended effect.

and then re-inspected once the said load has been released to ensure no damage has occured;

The examination of trends relevant for the injury analysis covered the period from 1 January 1999 to the end of the IP (the "period considered").

Where the checks provided for by Directive 90/675/EEC reveal that the maximum residue limits have been exceeded, use shall be made of the checks referred to in the second indent of paragraph 1.

During sifting, in the sieve with slotted perforations of 1,0 mm, a close check must be made for live pests.

The examination of trends relevant for the assessment of injury covered the period from 1999 to the end of the IP ("period considered").

The examination of the trend of imports, of the conditions in which they take place and of the serious injury or threat of serious injury to Community producers resulting from such imports, shall cover in particular the following factors.

Furthermore during the said plant health check that Member State(s) shall also inspect for all other harmful organisms.

be found free, in the inspections referred to in point 4, from the harmful organisms of concern specified in point 4 and not be affected by the measures referred to in point 5;

The Community industry requested that the definitive duty Regulation be reviewed arguing that there was a likelihood of recurrence of injurious dumping.

The investigation period for the examination of continuation or recurrence of dumping and injury covered the period from 1 January 1999 to 31 December 1999 (the "IP").

As a result of such visual inspection, any harmful organism having caused signs or symptoms shall be identified by an appropriate testing procedure.

Whereas in order to prevent fraud and its damaging consequences for the market in the dried grapes in question, substantially reinforced customs controls should be set up;

The examination of continuation or recurrence of injury covered the period from 1 January 1994 up to the end of the IP (hereinafter referred to as the "period considered").