2.For the purposes of the second subparagraph of Article 33(3) of Regulation (EC) No 1782/2003, «scission» shall mean the scission of one farmer within the meaning of Article 2 (a) of Regulation (EC) No 1782/2003 into at least two new separate farmers within the meaning of Article 2 (a) of Regulation (EC) No 1782/2003 of which at least one remains controlled, in terms of management, benefits and financial risks, by at least one of the legal or natural persons originally managing the holding or the scission of one farmer within the meaning of Article 2 (a) of Regulation (EC) No 1782/2003 into at least one new separate farmer within the meaning of Article 2 (a) of Regulation (EC) No 1782/2003 the other one remaining controlled, in terms of management, benefits and financial risks, by the farmer originally managing the holding.

1.For the purposes of the first subparagraph of Article 33(3) of Regulation (EC) No 1782/2003, «merger» shall mean the merger of two or more separate farmers within the meaning of Article 2 (a) of Regulation (EC) No 1782/2003 into one new farmer within the meaning of Article 2 (a) of Regulation (EC) No 1782/2003 controlled in terms of management, benefits and financial risks by the farmers originally managing the holdings or one of them.

A prudent business plan shall be submitted by the co-financiers or sponsors of the fund specifying, inter alia, the targeted market, the criteria, terms and conditions of financing, the operational budget of the fund, the ownership and co-financing partners, the professionalism, competence and independence of the management, the fund's by-laws, the justification and intended utilisation of the Structural Funds' contribution, the investment exit policy, and the winding-up provisions of the fund, including the reutilisation of returns attributable to the contribution from the Structural Funds.

Notwithstanding Articles 87 and 88 of the EC Treaty, Hungary may apply, up to and including 31 December 2007, local business tax reductions of up to 2% of the net receipts of undertakings, granted by local government for a limited period of time on the basis of Articles 6 and 7 of Act C of 1990 on Local Taxes, as amended by Article 79(1) and (2) of Act L of 2001 on the Amendment to Financial Laws, as amended by Article 158 of Act XLII of 2002 on Amendment of Acts on Taxes, Contributions, and Other Budgetary Payments,

The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the taxation laws of the Contracting State in which the income arises.

Since no actual data for SG& A and profit pertaining to production and sales of the like product were available for any of the exporting producers under investigation or for any other known exporters or producers, and since no such information was available for the same general category of products, there was no other option but to use any other reasonable method according to Article 2(6)(c) of the basic Regulation to establish an amount for SG& A and for profits.

The first approach was to use it s own profits.

The profit margin used for this calculation is 8 %.

Account may also be taken of any other gains connected with the transfer of the plant, notably gains resulting from an improvement, on the occasion of the transfer, in the technology used and accounting gains associated with better use of the plant.

- détermine les montants des réserves, l'affectation et la répartition des bénéfices nets du FONDS;

It was established that Sindia Steels Limited had not availed itself of the ITES.

The Community industry submitted that a profit margin of 13 % on turnover would be more appropriate than the 6 % profit margin that was used for the provisional injury margin calculation.

It should be noted that the profit margin to be used when calculating the injury elimination level should be the one that the Community industry could reasonably reach in the absence of dumping.

The Indian exporting producers claimed that the level of profit used in order to calculate the non-injurious price was arbitrarily chosen, because it was based on the highest profit margin observed during the period under consideration.

(99) Some interested parties questioned both the reasonableness of the profit margin used and its justification.

Moreover, they also claimed that in order to establish the level of profit in the calculation of the constructed normal value, the Commission should refer to the Community producers' profit instead of referring to the profit made by the producer in the analogue country.

The application of this method makes it possible to minimise the inclusion of holding gains or losses in the measurement of output.

In general, exchange rate gains and losses were not taken into account as the exchange rates used by the Commission were those applicable on the invoice date.

The Hong Kong authorities also questioned the reasonableness of the level of profit used in constructing normal value.

One exporting producer claimed that the profit margin of 8 % used to calculate the non-injurious Community industry price was too high, as a decline of the profit margins was normal, in view of the conditions of a market which becomes more mature.

use of actual prices charged, taking account of the producers' profit margins and any discounts offered to customers,

The application of the quantitative method could lead to the inclusion of nominal holding gains or losses in the measurement of the change in stocks.

Therefore, the exporting producer used the income tax exemption and obtained a benefit and this claim cannot be accepted.

To this end, sanctions should be sufficiently dissuasive and proportionate to the gravity of the infringement and to the gains realised and should be consistently applied.

The Brazilian exporting producer contested the method used to establish the profit margin when constructing the normal value.

The exporting producer claims that it opted to use its accumulated net losses from the previous years, instead of the corporate income tax exemption, to offset current taxable profit, and consequently no benefit was obtained during the period of investigation.

The complainant submitted that a profit margin of 5 % was not realistic and that a higher level of profit should be used in determining a non-injurious price level.

It is therefore not consistent with the Community institutions' practice to use a profit margin which the Community industry could not have achieved if there was no dumping.

Moreover, there was no usable information on the profits of Indian domestic sales of the product concerned or of the products belonging to the same general category.

For that purpose the cooperating exporting producer's own cost of production and the company's own SG&A expenses and profits were used.

Returns to the fund attributable to the Structural Funds' contributions shall be reused for SME development activities in the same eligible area.

At the same time, a Polish exporting producer submitted that a profit margin of 5 % should be used as had been done in previous anti-dumping cases involving fertilisers.

In any event, however, even by employing the suggested profit margin of 6 %, the level of the proposed measures would not change as these measures would still be based on the dumping margins.

The same company claimed that for the sales made via its related importer, the export price should be constructed by using the actual profit margin of its related importer.

It requested that a minimum profit rate of 10 % be used to calculate the injury elimination level, in line with that used in Regulation (EC) No 2584/98.

Consequently, the conclusion of recital 172 of the provisional duty Regulation that the impact of the proposed measures on the users' profitability and survival on the market will be limited is hereby confirmed.

Whereas, for the purposes of this Directive, the term 'rental' means the making available for use, for a limited period of time and for profit-making purposes, of a computer program or a copy thereof;

One Indonesian exporting producer contested the profit margin used in order to construct normal value for one type of PET it had exported to the Community.

The profit margin of 5 % applied in the previous investigation was, in the absence of any other information, considered reasonable given the functions performed by the related importers.

- livestock prices are regular and normally predictable, so that the average annual price can be used for valuing quantities whilst excluding from them holding gains/losses,

Any activity which includes the purchase, sale, import, export, or any other commercial transaction in veterinary medicinal products, whether or not for profit, except for:

Where this criterion was not met, a weighted average profit margin of the other companies in the country concerned with sufficient sales made in the ordinary course of trade was used.

For one producer, where sales of certain models were made at a loss, the average profit of the remaining profitable models on the domestic market was used.

The Indian exporting producer contested the methodology for the determination of the profit margin used in the construction of normal value as set out in recital 18 of the provisional Regulation.

The complainant argued that the use of a profit margin of 10 % is insufficient to meet the needs of the Community industry for investments to increase production capacity, marketing expenditure, and research and development of new products, and that the Commission should use a profit margin between 12 and 16 % of turnover to calculate the increase in prices necessary to remove the injury.

Following the imposition of provisional measures, Hynix argued that the 15 % profit was not in line with the 9,5 % profit margin used in earlier anti-dumping proceedings concerning DRAMs originating in Korea and Japan.

The same producer objected to the Commission's use, in constructing normal value for certain groups, of a profit margin achieved on profitable domestic sales in other product groups.

whereas it is understood that otherwise national tax laws apply, particularly as regards the apportionment of profits, tax procedures and any obligations imposed by national tax law;

The entrepreneurial income account makes it possible to measure income which is similar to the concept of current profit before distribution and taxes on income, as customarily used in business accounting.

Since no new or substantiated evidence was provided by the exporting producer in this respect, the importers' profit margin used for the provisional determination of price undercutting is confirmed.