Proposal for a COUNCIL REGULATION laying down transitional provisions concerning anti-dumping and anti-subsidy measures adopted pursuant to Commission Decisions No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping and anti-subsidy investigations, complaints and applications pursuant to those Decisions

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Treaty on the European Coal and Steel Community (ECSC Treaty) shall expire on 23 July 2002. After this date, products formerly covered by the ECSC Treaty will be covered by the EC Treaty.

The Commission has adopted two basic Decisions, respectively Commission Decisions No 2277/96/ECSC and No 1889/98/ECSC, governing anti-dumping and anti-subsidy investigations and measures for ECSC products.

A number of measures adopted pursuant to these two Decisions will still be in force as of 23 July, and a number of complaints, applications or investigations may be pending.

The attached proposal aims at clarifying the legal situation of these measures, complaints or investigations, by stating explicitly that, after 23 July 2002, they will become subject to the provisions of the basic anti-dumping and anti-subsidy Council Regulations (Council Regulations (EC) No 384/96 and (EC) No 2026/97), adopted pursuant to Article 133 of the EC Treaty.

2002/0089 (ACC)

Proposal for a COUNCIL REGULATION laying down transitional provisions concerning anti-dumping and anti-subsidy measures adopted pursuant to Commission Decisions No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping and anti-subsidy investigations, complaints and applications pursuant to those Decisions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission [1],

[1]

Whereas:

(1) The Treaty establishing the European Coal and Steel Community ('ECSC Treaty') will expire on 23 July 2002.

(2) Products which are currently covered by the ECSC Treaty will be subject to the Treaty establishing the European Community as of 24 July 2002.

(3) The Commission has adopted a number of anti-dumping measures pursuant to Commission Decision No 2277/96/ECSC on protection against dumped imports from countries not members of the European Coal and Steel Community ('Basic Anti-Dumping Decision') [2]. Measures are normally imposed for a 5-year-period in accordance with Article 11(2) of the Basic Anti-Dumping Decision. However, some of these measures will not, at the date of the expiry of the ECSC Treaty, have reached the end of that 5-year-period ('ECSC anti-dumping measures'). Some investigations, initiated pursuant to the Basic Anti-Dumping Decision, may also be pending at the date of the expiry of the ECSC Treaty ('pending anti-dumping investigations'). Similarly, complaints or other applications for the initiation of an investigation filed pursuant to the provisions of the Basic Anti-Dumping Decision may be pending at the the date of the expiry of the ECSC Treaty ('pending anti-dumping applications').

[2] OJ L 308, 29. 11 1996, p. 11. Decision as last amended by Commission Decision No 435/2001/ECSC (OJ L 63, 3. 3. 2001, p. 14).

(4) It is therefore appropriate to provide for the continued application of ECSC anti-dumping measures under Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community ('Basic Anti-Dumping Regulation') [3] after the date of the expiry of the ECSC Treaty and to apply from then onwards the provisions of the Basic Anti-Dumping Regulation to such measures. Any pending anti-dumping investigation should after the date of the expiry of the ECSC Treaty be continued and concluded pursuant to the provisions of the Basic Anti-Dumping Regulation and any anti-dumping measures resulting from such an investigation should be subject to the provisions of the Basic Anti-Dumping Regulation. Similarly, after the date of the expiry of the ECSC Treaty pending anti-dumping applications should be dealt with pursuant to the provisions of the Basic Anti-Dumping Regulation.

[3] OJ L 56, 6. 3. 1996, p. 1. Regulation as last amended by Regulation (EC) No 2238/2000 (OJ L 257, 11. 10. 2000, p. 2).

(5) In this context, it should be noted that the provisions of the Basic Anti-Dumping Decision are, with the exception of those on the Community's decision making procedure, practically identical to those of the Basic Anti-Dumping Regulation.

(6) The Commission has also adopted a number of countervailing measures pursuant to Commission Decision No 1889/98/ECSC on protection against subsidised imports from countries not members of the European Coal and Steel Community ('Basic Anti-Subsidy Decision'). [4] Measures are normally imposed for a 5-year-period in accordance with Article 18(1) of the Basic Anti-Subsidy Decision. However, some of these measures will not, at the date of the expiry of the ECSC Treaty, have reached the end of that 5-year-period ('ECSC countervailing measures'). Some investigations, initiated pursuant to the Basic Anti-Subsidy Decision, may also be pending at the date of the expiry of the ECSC Treaty ('pending anti-subsidy investigations'). Similarly, complaints or other applications for the initiation of an investigation filed pursuant to the provisions of the Basic Anti-Subsidy Decision may be pending at the date of the expiry of the ECSC Treaty ('pending anti-subsidy applications').

[4] OJ L 245, 4. 9 1998, p. 3.

(7) It is therefore also appropriate to provide for the continued application of ECSC countervailing measures under Council Regulation (EC) No 2026/97 on protection against subsidised imports from countries not members of the European Community ('Basic Anti-Subsidy Regulation') [5] after the date of the expiry of the ECSC Treaty and to apply from then onwards the provisions of the Basic Anti-Subsidy Regulation to such measures. Any pending anti-subsidy investigation should after the date of the expiry of the ECSC Treaty be continued and concluded pursuant to the provisions of the Basic Anti-Subsidy Regulation and any countervailing measures resulting from such an investigation should be subject to the provisions of the Basic Anti-Subsidy Regulation. Similarly, after the date of the expiry of the ECSC Treaty pending anti-subsidy applications should be dealt with pursuant to the provisions of the Basic Anti-Subsidy Regulation.

[5] OJ L 288, 21. 10. 1997, p. 1.

(8) In this context, it should be noted that the provisions of the Basic Anti-Subsidy Decision are, with the exception of those on the Community's decision making procedure, practically identical to those of the Basic Anti-Subsidy Regulation.

HAS ADOPTED THIS REGULATION:

Article 1

(1) Anti-dumping measures which have been adopted pursuant to Commission Decision No 2277/96/ECSC and which are still in force on 23 July 2002 (the anti-dumping measures mentioned in Annex I), shall be continued and shall be governed by the provisions of Council Regulation (EC) No 384/96 with effect from 24 July 2002.

(2) In calculating the date on which the anti-dumping measures in Annex I shall expire pursuant to Article 11(2) of Council Regulation (EC) No 384/96, regard shall be had to the original date of entry into force of those measures.

(3) Any investigation, which has been initiated pursuant to Commission Decision No 2277/96/ECSC and which is still pending on 23 July 2002, or any complaint or application for the initiation of such an investigation which is still pending on that date shall be continued and shall be governed by the provisions of Council Regulation (EC) No 384/96 with effect from 24 July 2002. Any anti-dumping measures resulting from such pending anti-dumping investigations, complaints or applications shall be governed by the provisions of Council Regulation (EC) No 384/96.

Article 2

(1) Countervailing measures which have been adopted pursuant to Commission Decision No 1898/98/ECSC and which are still in force on 23 July 2002 (the countervailing measures mentioned in Annex II), shall be continued and shall be governed by the provisions of Council Regulation (EC) No 2026/97 with effect from 24 July 2002.

(2) In calculating the date on which the anti- subsidy measures in Annex II shall expire pursuant to Article 18(1) of Council Regulation (EC) No 2026/97, regard shall be had to the original date of entry into force of those measures.

(3) Any investigation which has been initiated pursuant to Commission Decision No 1898/98/ECSC and which is still pending on 23 July 2002, or any complaint or application for the initiation of such an investigation, which is still pending on 23 July 2002 shall be continued and shall be governed by the provisions of Council Regulation (EC) No 2026/97 with effect from 24 July 2002. Any countervailing measures resulting from such pending anti-subsidy investigations, complaints or applications shall be governed by the provisions of Council Regulation (EC) No 2026/97.

Article 3

This Regulation shall enter into force on 24 July 2002.

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

Done at Brussels, ..... 2002.

For the Council

The President

ANNEX I

ECSC anti-dumping measures in force on 23 July 2002

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ANNEX II

ECSC anti-subsidy measures in force on 23 July 2002

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