. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/58
6 October 1998
(98-3854)
Committee on Anti-Dumping Practices
Ad-Hoc Group on ImplementationOriginal:  English
TOPIC 5* - ARTICLE 5.5:  NOTIFICATIO N TO THE EXPORTING MEMBER
TOPIC 8* - ARTICLE 12:  PUBLIC NOTICES
Paper by the European Community
The following communication, dated 1 October 1998, has been received from the Permanent
Delegation of the European Commission.
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Topic 5:  Notification of Government of Exporting Country
The European Community submitted its views on the purpose and timing of the notification
under Article 5.5 in document G/ADP/AHG/W/37.  Following the Secretariat request, the information
below addresses the questions of (i) what, and (ii) who should be notified under this provision of theWTO Anti-Dumping Agreement.
(i) The first note verbale sent to the Mission of the exporting country in Brussels notifies
that government that a complaint has been received, and specifies the product concerned.  It
also states that detailed information, including a copy of the written complaint and the notice
of initiation, will be forwarded immediately, should an investigation be commenced.  In this
way, the government concerned is alerted and may prepare itself to advise companies fromthe very beginning of the proceeding.  Thus the EC's second note verbale , delivered
immediately upon initiation of a case includes a copy of the non-confidential version of the
complaint.  This contains all relevant details of the alleged dumping, including the exportingproducers named in the complaint which may be the subject of an investigation.  Also
attached is a copy of the anti-dumping questionnaire and the notice of initiation of theproceeding, which are simultaneously sent to the known producers.  The government is
invited to transmit these documents to interested parties of which it may be aware, which
have not directly received information from the Commission.  Note also that in cases where a
large number of likely respondents to questionnaires can be predicted, the note verbale
notifying initiation will include a request to the government of the exporting country forcooperation and assistance in the selection of firms which will be fully investigated as part of
a sample.
(ii) In the case of the European Community, it is the government(s) of the Member
State(s) concerned who should be notified, as each Member State is an individual Member ofthe WTO.  Normally, this should be done via the Embassy of the Member State concerned in
the investigating country, which would transmit the notification to the relevant government
department in the capital.  In addition, the European Commission monitors all investigations
                                                     
* See document G/ADP/W/401 for descriptions of the topics.G/ADP/AHG/W/58
Page 2
opened against Member States, and should therefore receive a parallel copy of the notification
at the following address:
Mr. Alistair Stewart
Head of Unit, IE3European Commission
Rue de la Loi 200
B-1049 Brussels
Belgium
Topic 8:  Public Notice under Article 12
All legislative acts, including individual Anti-Dumping Regulations and associated
implementing legislation, are published in the "L" series of the Official Journal of the European
Communities (O.J.).  As stated in Article 14.2 of the EC Basic Anti-Dumping Regulation:
"Regulations imposing provisional or definitive anti-dumping duties, and Regulations
or Decisions accepting undertakings or terminating investigations or proceedings,
shall be published in the Official Journal of the European Communities .  Such
Regulations or Decisions shall contain in particular and with due regard to the
protection of confidential information, the names of the exporters, if possible, or of
the countries involved, a description of the product and a summary of the materialfacts and considerations relevant to the dumping and injury investigations.  In each
case, a copy of the Regulation or Decision shall be sent to known interested parties.
The provisions of this paragraph shall apply, mutatis mutandis , to reviews".
Preparatory acts, including notices of initiation, are also published in the O.J.  Article 5.10 of
the EC Anti-Dumping Regulations states that:
"The notice of initiation of the proceedings shall announce the initiation of an
investigation, indicate the product and countries concerned, give a summary of the
information received, and provide that all relevant information is to be communicated
to the Commission;  it shall state the periods within which interested parties may
make themselves known, present their views in writing and submit information if
such views and information are to be taken into account during the investigation;  itshall also state the period within which interested parties may apply to be heard by
the Commission in accordance with Article 6.5".
Internet access to European Community public notices
The public notices relevant to each stage of a proceeding are sent to all interested parties
known at that time to the Commission.  The Commission also maintains a multi-lingual website,
Europa, which is accessible via the following URL:
http://www.europa.eu.int
Within Europa, free public access to all Community legislation in force is available via the
link to legal texts, giving access to the EUR-LEX database (directly accessible at
http://www.europa.eu.int/eur-lex).  In Eur-lex, following the links to "Legislation in force", then
"External relations", "Commercial policy" and finally "Anti-dumping measures" provides access to
the complete text of all regulations and decisions, including notices of initiation, termination andconclusions of undertakings, as well as provisional and definitive measures.  The list is in
chronological order.  The Community's basic Anti-Dumping Regulation is situated under the heading
Trade Protection, as legal text 396RO384.
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