Proposal for a Council Regulation (EC) amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community

(96/C 159/05)

COM(96) 145 final - 96/0103(ACC)

(Submitted by the Commission on 11 april 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas by Regulation (EC) No 384/96 (1) the Council has adopted common rules for protection against dumped imports from countries which are not members of the European Community;

Whereas paragraph 10 of Article 2 of Regulation (EC) No 384/96 provides for a limited number of allowances which can be made to the normal value and export prices before these are compared to establish whether dumping is taking place; whereas since it is conceivable that differences in selling expenses, other than those listed in the said Regulation, may in certain circumstances affect price comparability, it is prudent to eliminate the exclusive nature of this provision in relation to allowances;

Whereas it is also appropriate to clarify the requirements for an adjustment for differences in levels of trade when information on price effects for two levels of trade does not exist for the market concerned or when, despite prices being at the same level, an adjustment may be appropriate for expenses, such as advertising, which in certain circumstances may be more suitably allocated to other levels of trade,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 384/96 shall be amended as follows:

1. Subparagraph (d) of Article 2 (10) shall be replaced by the following:

'(d) Level of trade

An adjustment for differences in levels of trade, including any differences which may arise in OEM (original equipment manufacturer) sales, shall be granted where, in relation to the distribution chain in both markets, it is shown that the export price, including a constructed export price, is at a different level of trade to the normal value. An effect on price comparability must be demonstrated by evidence which confirms a clear distinction between the prices for the different levels of trade on the domestic market of the exporting country. However, where information relating to such price effects does not exist for that market, or where certain functions are shown to relate to levels of trade other than those which are to be compared, a special adjustment may be granted.`;

2. The following subparagraph (k) shall be added after Article 2 (10) (j):

'(k) Other factors

An adjustment may also be made for differences in other factors provided it is demonstrated that they affect price comparability as required under this paragraph, in particular that customers take account of such differences on their own market by agreeing to prices which are distinct from those agreed on the same market when there are no such differences.`.

Article 2

This Regulation shall apply to proceedings initiated after 1 January 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No L 56, 6. 3. 1996, p. 1.