CQMVIISSION OF THE EUROPEAN COMMUNITIES 
COM(95) 7 final 
Brussels, 17.01.1995 
95/0015 (ACC) 
Proposal for a Council Regulation (EC) 
amending Regulation (EC) No 3283/94 on protection against dumped imports from countries 
not members of the European Community 
(presented by the Commission) 
Explanatory Memorandum 
On 31 December, 1994, the Council adopted a Regulation implementing the Uruguay 
Round results on anti-dumping and repealed the existing anti-dumping Regulation (EEC) 
N0 2423/881. 
Last minute changes in the Council to Article 24 of the Commission proposal, inserted to 
avoid that the new and different rules would apply to on-going and well-advanced cases, 
require provision to be made for transitional arrangements for such cases and, in this 
respect, it now appears prudent to clarify that this shall be done under the old Regulation, 
that is, Regulation 2423/88, which shall remain in force pending the completion of such 
investigations. 
Therefore, there is an urgent need to amend Articles 23 and 24 of the new Regulation to 
clarify the situation and, in this respect, the Commission submits to the Council: 
a proposal to amend Articles 23 and 24 of the new Anti-Dumping Regulation. 
1 OJ No L 209. 2.8.1088. p 1 
Council Réfutation (EC) No 
amending Regulation (EC) No 3213/94 on protection against dumped imports 
from countries not members of the European Community 
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, 
Whereas by Regulation (EC) No 3283/94' the Council has adopted common rules for protection 
against dumped imports from countries which are not members of the European Community; 
Whereas Article 23 of Regulation (EC) No 3283/94 repealed Regulation (EEC) No 2423/882, on 
protection against dumped or subsidised imports from countries which arc not members of the 
European Economic Community, as amended by Regulation (EC) No 521/94^ and Regulation 
(EC) No 522/944 ; 
Whereas by its Article 24, Regulation (EC) No 3283/94 is applicable to proceedings and interim 
review investigations initiated after 1 September 1994 and to expiry review investigations for 
which the notice of impending expiry of measures was published after that date; 
Whereas it is, therefore, appropriate to amend Articles 23 and 24 of Regulation (EC) No 3283/94 
in order to clarify the continuing applicability during a transitional period of Regulation (EEC) No 
2423/88 to proceedings pending on 1 September 1994; 
HAS ADOPTED THIS REGULATION: 
1 OJ No L 349, 31.12.94 
2OJNoL209, 2.8.1988, p. 1 
3OJNoL66, 10.3.1994, p.7 
4OJNoL66, 10.3.1994, p. 10 
Article I 
1. Article 23 of Regulation (EC) No 3283/94 shall be replaced by the following: 
'-'Articled 
Repeal of existing legislation and transitional measures 
Regulation (EEC) No 2423/88 is hereby repealed, save that it shall continue to apply to 
proceedings in relation to which an investigation pending on 1 September 1994 has not been 
concluded by the date of entry into force of this Regulation, or in relation to which an expiry 
review investigation is initiated following the publication before 1 September 1994 of a notice of 
impending expiry. Regulation (EEC) No 2423/88 shall cease to apply to such proceedings 
following the conclusion of the investigation. 
References to Regulation (EEC) No 2423/88 shall be construed as references to this Regulation 
where appropriate." 
2. The second sentence of Article 24 of Regulation (EC) No 3283/94 shall be replaced by the 
following: 
"It shall apply to proceedings to which Regulation (EEC) No 2423/88 does not apply." 
Article! 
This Regulation shall apply as from 1 January 1995 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
3> 
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