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
Date: 1995-01-17
Institutions: European Commission
Subjects: agricultural product, anti-dumping legislation, economic survey, exchange of information, import, third country

CQMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(95) 
Brussels,  17.01.1995 

7 final 

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Round results on anti-dumping and repealed the existing anti-dumping Regulation  (EEC) 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Whereas Article 23 of Regulation (EC) No 3283/94 repealed  Regulation (EEC) No 2423/882, on 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." 

The second sentence of Article 24 of Regulation (EC) No 3283/94 shall be replaced by the 

2. 
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> 

ISSN 0254-1475 

COM (95) 7 final 

DOCUMENTS 

EN 

il  02 

Catalogue number : CB-CO-95-009-EN-C 

ISBN 92-77-84839-1 

Office for Official Publications of the European Communities 
L-2985 Luxembourg 

^