Agro-food Cooperatives of Spain and FENAVAL (National Federation of Processed Vegetables and Processed Foods Associations) have defended the clause's legality and have reported the damage caused by the ruling on cooperatives, producers, the Community's industry, as well as on the European Commission which, not only stopped receiving income, but has even had to return the fees charged on the same basis.
The European Commission has finally been able to prove that the reasons given by the Court to overturn the clause were inconsistent and uncertain; thus, restoring the clause. However the administrative process has been too long: almost a year of despair and helplessness for the victims. Hence, the Board's decision, comes as the European campaign is well underway, which allowed importers to profit from the legal gap: throughout January and February there were massive imports of canned tangerines originating from China, a sufficient quantity to supply the Community market throughout 2013.
The Community market has been flooded for a second consecutive year. Spanish products' marketing opportunities had already been adversely affected by imports between March 22 and June of 2012, during the 2011-2012 season.
Since these imports have been subject to registration by the Commission, the producer and processor industry are now asking Community institutions that, based on their competence, they apply the measures retroactively to the maximum provided by law, at least three months. Only by applying it retroactively from the beginning of the campaign would the restored regulation's effectiveness be ensured and actually serve its goal: protecting the European sector and preventing it from sinking for a second year.
The sector's ups and downs and its drastic decline as a result of unfair competition originating from China shouldn't be forgotten. The effects would be devastating if retroactivity isn't applied within the 2012/2013 season. Not only the disappearance of industries (currently 75% have closed), or the problems of 25 marketing cooperatives, or the 6,000 producers involved, or the 3,000 workers employed in the campaign (in a region with a rate stop 25%) are at stake, but also the permanence of the sector in the regions, the associated industry and fresh tangerine's market equilibrium.
But beyond the direct effects on this particular sector, Agro-food Cooperatives of Spain and FENAVAL believe that the correct implementation of anti-dumping duties on imports of Chinese mandarin is an example that can't be dismissed, as it is the demonstration that Community institutions are able to defend the interests of European horticulture.
Agro-food Cooperative of Spain has repeatedly denounced the contrast between the "effectiveness" of the European Union to open its market to imports from third countries and its neglect regarding the interests of exporting horticultural Europeans. It would be unacceptable for them that the Commission fail to apply, in practice, the only tool available to the EU to protect producers, cooperatives and industries against unfair competition.
