Proposal for a COUNCIL REGULATION (EC) ON THE SUSPENSION OF THE ANTI-DUMPING MEASURES AGAINST EFTA COUNTRIES
Date: 1993-12-10
Institutions: European Commission
Subjects: EFTA countries, anti-dumping duty, dumping, import

39) 

COMMISSION  OF THE EUKOPEAN  COMMUNITIES 

COM(93) 658 final 

Brussels.  10 December  1993 

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Proposal  for a 

COUNCIL  REGULATION  (EC) 

ON THE SUSPENSION OF THE ANTI-DUMPING MEASURES AGAINST EFTA COUNTRIES 

(presented  by  the Commission) 

EXPLANATORY MEMORANDUM 

The attached draft Council Regulation concerns the application of article 

26  of  the  EEA  Agreement,  which  provides  that  anti-dumping  measures, 

countervailing duties and measures against  illicit  commercial practices 

shall not be applied between the contracting parties.  To this effect it 

is proposed that the anti-dumping duties and undertakings  in force with 

regard to EFTA countries are suspended with effect from the date of entry 

into force of the EEA Agreement. 

X 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

ON THE SUSPENSION OF THE ANT I-DUMPING MEASURES AGAINST  EFTA COUNTRIES 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community  in 

particular  art  113. 

Having  regard  to the proposal  from  the Commission, 

Whereas  the  Agreement  on  the  European  Economic  Area,  subsequently 

modified  by  an  Adjusting  Protocol,  has  been  signed  in  Oporto  on  2 May 

1992 (hereinafter  referred  to as "the EEA Agreement"), 

Whereas  certain  products originating  in member  countries  of  the  European 

Free  Trade  Association  are  currently  subject  upon  importation  into  the 

Community  to  anti-dumping  measures  adopted  in  accordance  with  Council 

Regulation  (EEC) No 2423/88, 

Whereas  Article  26  of  the  EEA  Agreement  provides  that  anti-dumping 

measures,  countervailing  duties  and  measures  against  illicit  commercial 

practices  attributable  to  third  countries  shall  not  be  applied  in 

relations  between  the  Contracting  Parties  unless  otherwise  specified  in 

the Agreement, 

Whereas Protocol  13 of  the EEA Agreement  provides  that  the application of 

Article  26  is  limited  to  the  areas  covered  by  the  provisions  of  the 

Agreement  and  in which  the Community  acquis  is fully  integrated  into  the 

Agreement, 

Whereas  the products originating  in member  countries of  the European  Free 

Trade  Association  which  are  currently  subject  to  the  above-mentioned 

anti-dumping  measures  belong  to  sectors  which  are  covered  by  the 

provisions of  the EEA Agreement, 

-  ?  -

Whereas  the  relevant  Community  acquis  in  these  sectors  has  been  fully 

integrated  into  the  EEA Agreement;  whereas  the  countries  concerned  have 

undertaken,  in  the  framework  of  the  EEA Agreement,  to  apply  this  acquis 

from the date of the entry into force of this Agreement, 

Whereas  it appears necessary to suspend  the antidumping measures  in force 

on  goods  originating  in  EFTA  countries  from  the  date  of  the  entry  into 

force of the EEA Agreement, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  antidumping  duties  imposed  by  Council  Regulations  or  undertakings 

accepted by Commission  Decisions on the following  imports: 

container corner  fittings originating  in Austria  (Commission  Decision 

(EEC) N°313/92)( 1) 

silicon  carbide  originating  in  Norway  (Commission  Decision  (EEC) 

N°497/86) (2) 

urea originating  in Austria  (Commission  Decision  (EEC) N°l43/89) *3) 

ferrosilicon  originating  in  Sweden,  Norway  and  Iceland  (Council 

Regulation  (EEC) N°34l/90) <4) 

diesel engines originating  in Sweden and  Finland  (Commission  Derision 

(EEC) N°138/90)(5) 

are  suspended  with  regard  to  these  countries;  duties  on  these  products 

shall no longer be collected. 

(1) OJ  No  L  165,  19.6.92,  p.37 

(2)  OJ  No  L  287,  10.10.86,  p.25 

(3) OJ  NO  L  52, 24.2.89,  p.37 

(4) OJ  No  L  38,  10.2.90,  p.l 

(5)  OJ  No  L  76,  22.3.90,  p.28 

Article 2 

This  Regulation  shall  enter  into  force  on  the  day  following  its 

publication  in the Official  Journal of the European Communities. 

It shall apply with effect  from 

This  Regulation  shall  be binding  in its entirety  and  directly  applicable 

in all Member States. 

Done at Brussels, 

For the Council 

The  President 

ISSN 0254-1475 

COM(93) 658 final 

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