Article 2
United Kingdom
The definitive countervailing duty applicable to ‘ all other companies ’ as set out in Article 1, paragraph 2, is extended to imports into the Union of fatty-acid mono- alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘ biodiesel ’ , in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro- treatment, of non-fossil origin, consigned from Canada, whether declared as originating in Canada or not, currently falling within CN codes ex 1516 20 98 (TARIC code 1516 20 98 21 ), ex 1518 00 91 (TARIC code 1518 00 91 21 ), ex 1518 00 99 (TARIC code 1518 00 99 21 ), ex 2710 19 43 (TARIC code 2710 19 43 21 ), ex 2710 19 46 (TARIC code 2710 19 46 21 ), ex 2710 19 47 (TARIC code 2710 19 47 21 ), ex 2710 20 11 (TARIC code 2710 20 11 21 ), ex 2710 20 15 (TARIC code 2710 20 15 21 ), ex 2710 20 17 (TARIC code 2710 20 17 21 ), ex 3824 90 92 (TARIC code 3824 90 92 10 ), ex 3826 00 10 (TARIC codes 3826 00 10 20 , 3826 00 10 30 , 3826 00 10 40 , 3826 00 10 89 ) and ex 3826 00 90 (TARIC code 3826 00 90 11 ), with the exception of those produced by the companies listed below:
| Country | Company | TARIC additional code |
|---|---|---|
| Canada | BIOX Corporation, Oakville, Ontario, Canada | B107 |
| DSM Nutritional Products Canada Inc., Dartmouth, Nova Scotia, Canada | C114 | |
| Rothsay Biodiesel, Guelph, Ontario, Canada | B108 |
The duty to be extended shall be the one established for ‘ All other companies ’ in Article 1(2) of Regulation (EC) No 598/2009, which is a definitive countervailing duty of EUR 237 per tonne net.
The countervailing duty on blends shall be applicable in proportion, in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).
In cases where goods have been damaged before entry into free circulation and, therefore, the price actually paid or payable is adjusted by the seller for the benefit of the buyer, occurring the conditions laid down in Article 145, paragraphs 2 and 3 of Regulation (EEC) No 2454/93, the amount of countervailing duty laid down in Article 1, paragraph 2 shall be reduced by a percentage which represents the apportioning of the adjustment to the price actually paid or payable.
The application of exemptions granted to the companies listed in paragraph 1 or authorised by the Commission in accordance with Article 5(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the countervailing duty as imposed by paragraph 1 shall apply.
Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.