No C 212/12 Official Journal of the European Communities 23. 8. 85 
Article 85 (3) (b) of the Treaty the 
Commission shall withdraw the benefit of the 
block exemption and shall, at the same time, 
rule on whether and, if so, under what 
additional conditions and obligations an 
individual exemption should be granted to 
the relevant Conference agreement; 
If competition is or may be eliminated as a 
result of action by a third country, the 
Commission shall enter into consultations 
with the competent authorities of the third 
country concerned, followed if necessary by 
negotiations under directives to be given by 
the Council, in order to remedy the situation. 
Article 8 
Conflicts of international law 
1. Where the application of this Regulation to certain 
restrictive practices or clauses is liable to enter into 
conflict with the provisions laid down by law, regulation 
or administrative action of certain third countries which 
THE COUNCIL OF THE EUROPEAN COMMUNITIES: 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 84 (2) 
thereof, 
Having regard to the draft Regulation submitted by the 
Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas there is reason to believe, inter alia, on the basis 
of the information system referred to in Council 
Decision 78/774/EEC ('), that the competitive parti­
cipation of the fleets of Member States in international 
liner shipping is adversely affected by certain unfair 
practices of shipping lines of third countries; would compromise important Community trading and 
shipping interests, the Commission shall, at the earliest 
opportunity, undertake with the competent authorities of 
the third countries concerned, consultations aimed at 
reconciling as far as possible the abovementioned 
interest with the respect of Community law. 
2. Where the number or the nature of such consul­
tations give rise to the need for the Commission to 
negotiate an arrangement with the competent authorities 
of the third country concerned as respects the exercise of 
their powers the Commission shall take the appropriate 
measures. 
3. Where it appears that an amendment to the powers 
of the competent authorities of the third country or to 
this Regulation is desirable, the Commission shall ask the 
Council for authority to negotiate in accordance with 
directives which it shall establish. Amendments to this 
Regulation shall be confined to the conditions and 
obligations under which an exemption is given to liner 
conferences and shall ensure that a proper balance is 
maintained between the shipping and shipowning 
interests of the Community. 
Whereas such practices consist of continuous charging of 
freight rates for the transport of certain selected 
commodities which are lower than the lowest freight 
charged for the same commodities by an established and 
representative non-conference shipowner; 
Whereas such pricing practices are made possible by 
non-commercial advantages enjoyed by the lines 
concerned, either because they are government owned or 
controlled, or because they have preferential access to 
cargo through national legislation or because they 
operate ships flying the flag of countries which have not 
ratified and do not implement certain international safety 
conventions; 
Whereas the Community should be able to take 
redressive action against such pricing practices; 
Whereas there are no internationally-agreed rules as to 
what constitutes an unfair price in the maritime transport 
field; Draft Council Regulation on unfair pricing practices in maritime transport 
(85/C 212/07) 
OOJ No 258, 21.9. 1978, p. 35. Whereas appropriate factors relevant for the determi­
nation of injury should be set out; 
23. 8. 85 Official Journal of the European Communities No C 212/13 
Whereas it is necessary to lay down the procedures for 
anyone acting on behalf of Community shipowners who 
consider themselves injured or threatened by unfair 
pricing practices to lodge a complaint; whereas it seems 
appropriate to make it clear that in the case of 
withdrawal of a complaint, proceedings may, but need 
not necessarily, be terminated; 
Whereas there should be cooperation between the 
Member States and the Commission both as regards 
information about the existence of unfair pricing 
practices and injury resulting therefrom, and as regards 
the subsequent examination of the matter at Community 
level; whereas, to this end, consultations should take 
place within an advisory committee; 
Whereas it is appropriate to lay down clearly the rules of 
procedure to be followed during the investigation, in 
particular the rights and obligations of the Community 
authorities and the parties involved, and the conditions 
under which interested parties may have access to infor­
mation and may ask to be informed of the essential facts 
and considerations on the basis of which it is intended to 
recommend definitive measures; 
Whereas it is necessary that the Community's decision­
making process permits rapid and efficient action, in 
particular through measures taken by the Commission, 
as, for instance, the imposition of provisional duties; 
Whereas, in order to discourage unfair pricing practices, 
but without preventing, restricting or distorting price 
competition by non-conference lines, it is appropriate to 
provide, in cases where the facts as finally established 
show that there is an unfair pricing practice and injury, 
for the possibility of definitive collection of provisional 
duties, even if no decision were made on the imposition 
of a definitive redressive duty on particular grounds; 
Whereas it is essential, in order to ensure that redressive 
duties are levied in a correct and uniform manner, that 
common rules for the application of such duties be laid 
down; whereas, by reason of the nature of the said 
duties, such rules may differ from the rules for the 
levying of normal import duties; 
Whereas open and fair procedures should be provided 
for the review of measures taken and for the 
investigation to be reopened when the circumstances so 
require; 
Whereas appropriate procedures should be established 
for examining applications for refunds of redressive 
duties, HAS ADOPTED THIS REGULATION, 
Article 1 
Scope 
This Regulation lays down the procedure to be followed 
in order to respond to unfair pricing practices by certain 
shipowners engaged in cargo liner shipping, which cause 
serious disruption of the freight pattern on a particular 
route to or from the Community or which otherwise 
cause injury to Community shipowners. 
Article 2 
Principle 
A redressive duty may be applied in accordance with this 
Regulation where foreign shipowners engage in unfair 
pricing practices which cause injury to Community 
shipowners. 
Article 3 
Definitions 
1. For the purposes of this Regulation: 
(a) foreign shipowners: means cargo liner shipping 
companies established in a third country, which 
enjoy the advantages of being: 
— owned or controlled directly or indirectly by any 
State which is not a Member of the Community, 
and/or 
— more favourable placed than Community 
shipowners as to the access to cargo in ocean 
trades through national legislation, and/or 
— the operators of ships flying the flag of countries 
which have not ratified and do not implement the 
international Conventions of the IMO and ILO 
referred to in Annex; 
(b) unfair pricing practices: means the continuous 
charging of a freight rate on a particular shipping 
route to or from the Community for certain selected 
commodities which is lower than the lowest freight 
rate charged during at least one year for the same 
commodity Or commodities on the same shipping 
route by an established and representative non-
conference shipowner not enjoying the above 
advantages; 
(c) an established and representative non-conference 
shipowner: means a cargo liner shipping company 
which operates and has operated during a significant 
period of time regular services independently from 
the conference and which has committed a notable 
volume of tonnage to the trade in question; 
(d) injury: means any material injury caused or 
threatened to Community shipowners; 
(e) Community shipowners: means all cargo liner 
shipping companies which have their management 
head office and their effective control in a Member 
State. 
No C 212/14 Official Journal of the European Communities 23.8.85 
2. When there is no established and representative 
non-conference shipowner active on the shipping route 
in question, comparison may be made with the lowest 
freight rate regularly charged for the same or similar 
commodities on a similar route by an established and 
representative non-conference shipowner. 
3. Where the freight rates vary, weighted averages 
may be established. 
Article 4 
Examination of injury 
1. An examination of injury shall involve in particular 
the following factors: 
(a) the freight rate offered by the Community 
shipowners' competitors, in particular in order to 
determine whether there has been, on the shipping 
route in question, significant underbidding of the 
freight rates of Community shipowners, taking into 
account the level of service offered by all carriers 
concerned; 
(b) the share reserved under national legislation to the 
Community shipowners' competitors and the 
possibility of waivers to be granted to associated 
lines or other carriers or of chartering-in ships under 
other flags, in particular to determine whether there 
has been, on the shipping route in question, a 
significant decrease of the share of Community 
shipowners; \ 
(c) consequent impact on Community shipowners and as 
indicated by trends in certain economic factors such 
as: 
— sailings, 
— utilization of capacity, 
— cargo bookings, 
— market share, 
— freight rates (that is depression of freight rates or 
prevention of freight rate increases which would 
normally have occurred), 
— profits, 
— return on capital, 
— investment, 
— employment. 
2. Where a threat of injury is alleged, the Commission 
shall also examine whether it is clearly foreseeable that a 
particular situation is likely to develop into actual injury. 
In this regard, account may also be taken of factors such 
as: 
(a) the increase of tonnage deployed on the shipping 
route where the competition with Community 
shipowners is taking place; (b) capacity in the country of the foreign shipowners, 
which is already in existence or will be operational in 
the foreseeable future, and the likelihood that the 
deployment of tonnage resulting from that capacity 
will be on the shipping route referred to at (a). 
3. Injury caused by other factors which, either 
individually or in combination, are also adversely 
affecting Community shipowners, must not be attributed 
to the practices under consideration. 
Article 5 
Complaint 
1. Any natural or legal person, or any association not 
having legal personality, acting on behalf of Community 
shipowners which consider themselves injured or 
threatened by unfair pricing practices may lodge a 
written complaint. 
2. The complaint shall contain sufficient evidence of 
the existence of the unfair pricing practice and injury 
resulting therefrom. 
3. The complaint may be submitted to the 
Commission, or a Member State, which shall forward it 
to the Commission. The Commission shall send Member 
States a copy of any complaint it receives. 
4. The complaint may be withdrawn, in which case 
proceedings may be terminated unless such termination 
would not be in the interest of the Community. 
5. Where it becomes apparent after consultation that 
the complaint does not provide sufficient evidence to 
justify initiating an investigation, then the complainant 
shall be so informed. 
6. Where, in the absence of any complaint, a Member 
State is in possession of sufficient evidence both of unfair 
pricing practices and of injury resulting therefrom for 
Community shipowners, it shall immediately 
communicate such evidence to the Commission. 
Article 6 
Consultations 
1. Any consultations provided for in this Regulation 
shall take place within an Advisory Committee, which 
shall consist of representatives of each Member State, 
with a representative of the Cbmmission as chairman. 
Consultations shall be held immediately on request by a 
Member State or on the initiative of the Commission. 
2. The Committee shall meet when convened by its 
chairman. He shall provide the Member States, as 
promptly as possible, with all relevant information. 
23.8.85 Official Journal of the European Communities No C 212 /15 
3. Where necessary, consultation may be in writing 
only; in such case the Commission shall notify the 
Member States and shall specify a period within which 
they shall be entitled to express their opinions or to 
request an oral consultation. 
4. Consultation shall in particular cover: 
(a) the existence of unfair pricing practices and the 
amount thereof; 
(b) the existence and extent of injury; 
(c) the causal link between the unfair pricing practices 
and injury; 
(d) the measures which, in the circumstances, are appro­
priate to prevent or remedy the injury caused by 
unfair pricing practices and the ways and means for 
putting such measures into effect. 
Article 7 
Initiation and subsequent investigation 
1. Where, after consultation it is apparent that there is 
sufficient evidence to justify initiating a proceeding the 
Commission shall immediately: 
(a) announce the initiation of a proceeding in the 
Official Journal of the European Communities; such 
announcements shall indicate the foreign shipowner 
concerned and his country of origin, give a summary 
of the information received, and provide that all 
relevant information is to be communicated to the 
Commission; it shall state the period within which 
interested parties may make known their views in 
writing and may apply to be heard orally by the 
Commission in accordance with paragraph 5; 
(b) so advise the shipowners, shippers and freight 
forwarders known to the Commission to be 
concerned and the complainants; 
(c) commence the investigation at Community level, 
acting in cooperation with the Member States; such 
investigation shall cover both unfair pricing practices 
and injury resulting therefrom and shall be carried 
out in accordance with paragraphs 2 to 8; the 
investigation of unfair pricing practices shall 
normally cover a period of not less than six months 
immediately prior to the initiation of the proceeding. 
2. (a) Where appropriate the Commission shall seek all 
the information it deems necessary and attempt to 
check this information with the shipowners, 
agents, shippers, freight forwarders, conferences, 
associations and organizations, provided that the 
undertakings or organizations concerned give 
their consent; (b) Where necessary the Commission shall, after 
consultation, carry out investigations in third 
countries, provided that the firms concerned give 
their consent and the government of the country 
in question has been officially notified and raises 
no objection. The Commission shall be assisted by 
officials of those Member States who so request. 
3. (a) The Commission may request Member States: 
— to supply information, 
— to carry out all necessary checks and 
inspections, particularly amongst shippers, 
freight forwarders, Community shipowners 
and their agents, 
— to carry out investigations in third countries, 
provided the firms concerned give their 
consent and the government of the country in 
question has been officially notified and raises 
no objection; 
(b) Member States shall take whatever steps are 
necessary in order to give effect to requests from 
the Commission. They shall send to the 
Commission the information requested together 
with the results of all inspections, checks or 
investigations carried out; 
(c) Where this information is of general interest or 
where its transmission has been requested by a 
Member State, the Commission shall forward it to 
the Member States, provided it is not confidential, 
in which case a non-confidential summary shall be 
forwarded; 
(d) Officials of the Commission shall be authorized, 
if the Commission or a Member State so requests, 
to assist the officials of Member States in carrying 
out their duties. 
4. (a) The complainant and the shippers and shipowners 
known to be concerned may inspect all infor­
mation made available to the Commission by any 
party to an investigation as distinct from internal 
documents prepared by the authorities of the 
Community or its Member States provided that it 
is relevant to the defence of their interests and not 
confidential within the meaning of Article 8 and 
that it is used by the Commission in the 
investigation. To this end, they shall address a 
written request to the Commission, including the 
information required; 
(b) Shipowners subject to investigation and the 
complainant may request to be informed of the 
essential facts and considerations on the basis of 
which it is intended to recommend the imposition 
of definitive duties or the definitive collection of 
amounts secured by way of a provisional duty; 
NoG212/16 Official Journal of the European Communities 23. 8. 85 
(c) (i) requests for information pursuant to (b) 
shall: 
— be addressed to the Commission in 
writing, 
— specify the particular issues on which 
information is sought, 
— be received, in cases where a provisional 
duty has been applied, not later than one 
month after publication of the imposition 
of that duty; 
(ii) the information may be given either orally or 
in writing, as considered appropriate by the 
Commission. It shall not prejudice any sub­
sequent decision which may be taken by the 
Commission or the Council. Confidential 
information shall be treated in accordance 
with Article 8; 
(iii) information shall normally be given no later 
than 15 days prior to the submission by the 
Commission of any proposal for final action 
pursuant to Article 12. Representations made 
after the information is given shall be taken 
into consideration only if received within a 
period to be set by the Commission in each 
case, which shall be at least 10 days, due 
consideration being given to the urgency of 
the matter. 
5. The Commission may hear the interested parties. It 
shall so hear them if they have within the period pre­
scribed in the notice published in the Official Journal of 
the European Communities, made a written request for a 
hearing showing that they are an interested party likely 
to be affected by the result of the proceeding and that 
there are particular reasons why they should be heard 
orally. 8. Proceedings on unfair pricing practices shall not 
constitute a bar to customs clearance of the goods to 
which the freight rates concerned apply. 
9. (a) An investigation shall be concluded either by its 
termination or by definitive action. Conclusion 
should normally take place within one year of the 
initiation of the proceeding; 
(b) A proceeding shall be concluded either by the 
termination of the investigation without the 
imposition of duties and without the acceptance 
of undertakings or by the expiry or repeal of such 
duties or by the termination of undertakings in 
accordance with Articles 14 or 15. 
Article 8 
Confidentiality 
1. Information received in pursuance of this Regu­
lation shall be used only for the purpose for which it was 
requested. 
2. (a) Neither the Council, nor the Commission, nor 
Member States, nor the officials of any of these, 
shall reveal any information received in pursuance 
of this Regulation for which confidential 
treatment has been requested by its supplier, 
without specific permission from the supplier; 
(b) Each request for confidential treatment shall 
indicate why the information is confidential and 
shall be accompanied by a non-confidential 
summary of the information, or a statement of the 
reasons why the information is not susceptible of 
such summary. 
6. Furthermore, the Commission shall, on request, 
give the parties directly concerned an opportunity to 
meet, so that opposing views may be presented and any 
argument put forward by way of rebuttal. In providing 
this opportunity the Commission shall take account of 
the need to preserve confidentiality and of the 
convenience of the parties. There shall be no obligation 
on any party to attend a meeting and failure to do so 
shall not be prejudicial to that party's case. 
7. (a) This Article shall not preclude the Community 
authorities from reaching preliminary determi­
nations or from applying provisional measures 
expeditiously; 
(b) In cases in which any interested party refuses 
access to, or otherwise does not provide, 
necessary information within a reasonable period, 
or significantly impedes the investigation, pre­
liminary or final findings, affirmative or negative, 
may be made on the basis of the facts available. 3. Information will ordinarily be considered to be 
confidential if its disclosure is likely to have a 
significantly adverse effect upon the supplier or the 
source of such information. 
4. However, if it appears that a request for 
confidentiality is not warranted and if the supplier is 
either unwilling to make the information public or to 
authorize its disclosure in generalized or summary form, 
the information in question may be disregarded. 
The information may also be disregarded where such 
request is warranted and where the supplier is unwilling 
to submit a non-confidential summary, provided that the 
information is susceptible of such summary. 
5. This Article shall not preclude the disclosure of 
general information by the Community authorities and in 
particular of the reasons on which decisions taken in 
23.8.85 Official Journal of the European Communities No C 212/17 
pursuance of this Regulation are based, or disclosure of 
the evidence relied on by the Community authorities 
insofar as necessary to explain those reasons in court 
proceedings. Such disclosure must take into account the 
legitimate interest of the parties concerned that their 
business secrets should not be divulged. 
Article 9 
Termination of proceedings where protective measures 
are unnecessary 
1. If it becomes apparent after consultation that 
protective measures are unnecessary, then, where no 
objection is raised within the Advisory Committee 
referred to in Article 6 (1), the proceeding shall be 
terminated. In all other cases the Commission shall 
submit to the Council forthwith a report on the results of 
the consultation, together with a proposal that the 
proceeding be terminated. The proceeding shall stand 
terminated if, within one month, the Council, acting by a 
qualified majority, has not decided otherwise. 
2. The Commission shall inform the parties known to 
be concerned and shall announce the termination in the 
Official Journal of the European Communities setting 
forth its basic conclusions and a summary of the reasons 
therefor. 
Article 10 
Undertakings 
1. Where, during the course of investigation, under­
takings are offered which the Commission, after consul­
tation, considers acceptable, the investigation may be 
terminated without the imposition of provisional or 
definitive duties. 
Save in exceptional circumstances, undertakings may not 
be offered later than the end of the period during which 
representations may be made under Article 7 (4) (c) (iii). 
The termination shall be decided in conformity with the 
procedure laid down in Article 9 (1) and information 
shall be given and notice published in accordance with 
Article 9 (2). Such termination does not preclude the 
definitive collection of amounts secured by way of 
provisional duties pursuant to Article 12 (2). 
2. The undertakings referred to under paragraph 1 are 
those under which rates are revised to an extent such 
that the Commission is satisfied that the unfair pricing 
practice, or the injurious effects thereof, are eliminated. 
3. Undertakings may be suggested by the 
Commission, but the fact that such undertakings are not 
offered or an invitation to do so is not accepted, shall 
not prejudice consideration of the case. However, the 
continuation of unfair pricing practices may be taken as 
evidence that a threat of injury is more likely to be 
realized. 4. If the undertakings are accepted, the investigation 
of injury shall nevertheless be completed if the 
Commission, after consultation, so decides or if request 
is made by the Community shipowners concerned. In 
such a case, if the Commission, after consultation, makes 
a determination of no injury, the undertaking shall auto­
matically lapse. However, where a determination of no 
threat of injury is due mainly to the existence of an 
undertaking, the Commission may require that the 
undertaking be maintained. 
5. The Commission may require any party from 
whom an undertaking has been accepted to provide 
periodically information relevant to the fulfilment of 
such undertakings, and to permit verification of pertinent 
data. Non-compliance with such requirements shall be 
construed as violation of the undertaking. 
6. Where an undertaking has been withdrawn or 
where the Commission has reason to believe that it has 
been violated and where Community interests call for 
such intervention, it may, after consultations and after 
having offered the shipowner concerned an opportunity 
to comment, apply provisional duties forthwith on the 
basis of the facts established before the acceptance of the 
undertaking. 
Article 11 
Provisional duties 
1. Where preliminary examination shows that an 
unfair pricing practice exists and that there is sufficient 
evidence of injury caused thereby and the interests of the 
Community call for intervention to prevent injury being 
caused during the proceeding, the Commission, acting at 
the request of a Member State or on its own initiative, 
shall impose a provisional duty on the foreign 
shipowners concerned, the definitive collection of which 
shall be determined by the subsequent decision of the 
Council under Article 12 (2). 
2. The Commission shall take such provisional action 
after consultation or, in cases of extreme urgency, after 
informing the Member States. In this latter case, consul­
tations shall take place 10 days at the latest after 
notification to the Member States of the action taken by 
the Commission. 
3. Where a Member State requests immediate 
intervention by the Commission, the Commission shall 
within a maximum of five working days of receipt of the 
request, decide whether a provisional duty should be 
imposed. 
4. The Commission shall forthwith inform the Council 
and the Member States of any decision taken under this 
Article. The Council, acting by a qualified majority, may 
decide differently. A decision by the Commission not to 
impose a provisional duty shall not preclude the 
NoC212/18 Official Journal of the European Communities 23.8.85 
imposition of such duty at a later date, either at the 
request of a Member State, if new factors arise, or on 
the initiative of the Commission. 
5. Provisional duties shall have a maximum period of 
validity of four months. However, where the Community 
shipowners concerned so request or, pursuant to a notice 
of intention from the Commission, do not object, 
provisional duties may be extended for a further period 
of two months. 
6. Any proposal for definitive action, or for extension 
of provisional duties, shall be submitted to the Council 
by the Commission not later than one month before 
expiry of the period of validity of provisional duties. The 
Council shall act by a qualified majority. 
Article 12 
Definitive action 
1. Where the facts as finally established show that 
there is an unfair pricing practice and injury caused 
thereby and the interests of the Community call for 
Community intervention, a definitive duty shall be 
imposed by the Council, acting by qualified majority on 
a proposal submitted by the Commission after consul­
tation. 
2. (a) Where a provisional duty has been applied, the 
Council shall decide, irrespective of whether a 
definitive duty is to be imposed, what proportion 
of the provisional duty is to be definitively 
collected. The Council shall act by a qualified 
majority on a proposal from the Commission; 
(b) The definitive collection of such amount shall not 
be decided upon unless the facts as finally 
established show that there has been an unfair 
pricing practice and injury. 
Article 13 
General provisions on duties 
1. Redressive duties, whether provisional or definitive, 
shall be imposed on the foreign shipowners concerned by 
Regulation. 
2. Such Regulation shall indicate in particular the 
amount and type of duty imposed, the commodity or 
commodities transported, the name and the country of 
origin of the foreign shipowner concerned and the 
reasons on which the Regulation is based. 
3. The amount of the duties shall not exceed the 
difference between the rate charged and the lowest 
freight rate charged by the established and representative 
non-conference shipowner referred to in Article 3 
provisionally estimated or finally established; it should be less if such lesser duty would be adequate to remove the 
injury. 
4. (a) Duties shall be neither imposed nor increased 
with retroactive effect and shall apply to the 
transport of commodities which, after entry into 
force of such duties, are loaded or discharged in a 
Community port; 
(b) However, where the Council determines that an 
undertaking has been violated, the definitive 
duties may be imposed on the transport of 
commodities which were loaded or discharged in 
a Community port not more than 90 days prior to 
the date of application of provisional duties, 
except that in the case of violation of an under­
taking such retroactive assessment shall not apply 
to the transport of commodities which were 
loaded or discharged in a Community port before 
the violation. 
5. Duties shall be collected by Member States in the 
form, at the rate and according to the other criteria laid 
down when the duties were imposed, and independently 
of the customs duties, taxes and other charges normally 
imposed on imports of goods transported. 
6. Permission to load or discharge cargo in a 
Community port may be made conditional upon the 
provision of security for the amount of a provisional or 
definitive duty. 
7. After expiration of the period of validity of 
provisional duties, the security shall be released as promp­
tly as possible to the extent that the Council has not 
decided to collect it definitively. 
Article 14 
Review 
1. Regulations imposing redressive duties and 
decisions to accept undertakings shall be subject to 
review, in whole or in part, where warranted. 
Such review may be held either at the request of a 
Member or on the initiative of the Commission. A review 
shall also be held where an interested party so requests 
and submits evidence of changed circumstances sufficient 
to justify the need for such review, provided that at least 
one year has elapsed since the conclusion of the 
investigation. Such requests shall be addressed to the 
Commission which shall inform the Member States. 
2. Where, after consultation, it becomes apparent that 
review is warranted, the investigation shall be re-opened 
in accordance with Article 7, where the cirumstances so 
require. Such re-opening shall not per se affect the 
measures in operation. 
3. Where warranted by the review, carried out either 
with or without re-opening of the investigation, the 
23.8.85 Official Journal of the European Communities No C 212/19 
measures shall be amended, repealed or annulled by the 
Community institution competent for their introduction. 
Article 15 
1. Subject to the provisions of paragraph 2, redressive 
duties and undertakings shall lapse after five years from 
the date on which they entered into force or were last 
modified or confirmed. 
2. The Commission shall normally, after consultation 
and within six months prior to the end of the five-year 
period, publish in the Official Journal of the European 
Communities a notice of the impending expiry of the 
measure in question and inform Community shipowners 
known to be concerned. This notice shall state the period 
within which interested parties may make known their 
views in writing and may apply to be heard orally by the 
Commission in accordance with Article 7 (5). 
Where an interested party shows that the expiry of the 
measure would again lead to injury or threat of injury, 
the Commission shall carry out a review of the measure. 
The measure shall remain in force pending the outcome 
of this review. 
Where redressive duties and untertakings lapse under 
this Article the Commission shall publish a notice to that 
effect in the Official Journal of the European 
Communities. 
Article 16 
Refund 
1. Where the shipowner concerned can show that the 
duty collected exceeds the difference between the rate 
charged and the lowest freight rate charged by the 
established and representative non-conference shipowner 
referred to in Article 3, consideration being given to any 
application of weighted averages, the excess amount shall 
be reimbursed. 2. In order to request the reimbursement referred to 
in paragraph 1, the foreign shipowner concerned may 
submit an application to the Commission. The 
application shall be submitted via the Member State in 
the port of which the commodities transported were 
loaded or discharged and within three months of the 
date on which the amount of the definitive duties to be 
levied was duly determined by the competent authorities 
or of the date on which a decision was made definitively 
to collect the amounts secured by way of provisional 
duty. 
The Member State shall forward the application to the 
Commission as soon as possible, either with or without 
an opinion as to its merits. 
The Commission shall inform the other Member States 
forthwith and give its opinion on the matter. If the 
Member States agree with the opinion given by the 
Commission or do not object to it within one month of 
being informed, the Commission may decide in 
accordance with the said opinion. In all other cases, the 
Commission shall, after consultation, decide whether and 
to what extent the application should be granted. 
Article 17 
Final provisions 
This Regulation shall not preclude the application of any 
special rules laid down in agreements concluded between 
the Community and third countries. 
Article 18 
Entry into force 
This Regulation shall enter into force on 1 July 1986. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
No C 212/20 Official Journal of the European Communities 23. 8. 85 
BILAG I — ANHANG I — IIAPAPTHMA I — ANNEX I — ANNEXE I — ALLEGATO I — 
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List of international conventions referred to in Article 3 
Liste des conventions internationales visees a l'article 3 
Lista delle convenzioni internazionali di cui all'articolo 3 
Lijst der in artikel 3 bedoelde Internationale verdragen 
— International Convention on Load Lines, 1966; 
— International Convention for the Safety of Life at Sea, 1974; 
— Protocol of 1978 relating to the International Convention for the Safety of Life at Sea, 1974; 
— International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol 
of 1978 relating thereto; 
— International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 
1978; 
— Convention on the International Regulations for Preventing Collisions at Sea, 1972; 
— Merchant Shipping (Minimum Standards) Convention, 1976 (ILO Convention 147). 
— Convention internationale sur les lignes de charge, 1966. 
— Convention internationale de 1974 pour la sauvegarde de la vie humaine en mer. 
— Protocole de 1978 relatif a la convention internationale de 1974 pour la sauvegarde de la vie humaine 
en mer. 
— Convention internationale de 1973 pour la prevention de la pollution par les navires telle qu'amendee 
par le Protocole de 1978. 
— Convention internationale de 1978 sur les normes de formation des gens de mer, de delivrance des 
brevets et de veille. 
— Convention sur le reglement international de 1972 pour prevenir les abordages en mer. 
— Convention concernant les normes minima a observer sur les navires marchands, 1976 (Convention 
OIT-147). 
23. 8. 85 Official Journal of the European Communities No C 212/21 
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