WRITTEN QUESTION E-2233/00 by Elisa Damião (PSE) to the Commission. Agreement between South Africa and the European Union.
Date: 2000-07-05
Institutions: European Parliament, Provisional data
Subjects: Portugal, South Africa, anti-dumping duty, anti-dumping legislation, dumping, export (EU), textile fibre, trade agreement (EU)

C 136 E/14

Official Journal of the European Communities

EN

8.5.2001

More generally, however, the Commission promotes the participation of the public in environmental
decision-making, as is evident in recent legislative proposals such as the environmental impact assessment
directive (1) and the strategic environmental assessment directive (2). Furthermore, the Community has
signed the Aarhus Convention on access to information, public participation in decision making and
access to justice in environmental matters, which it will ratify as soon as legally possible.

(1) Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of

certain public and private projects on the environment (OJ L 73, 14.3.1997).

(2) Proposal of the Commission for a directive of the Parliament and of the Council, on the assessment of the effects of
certain plans and programmes on the environment (common position of 30 March 2000 in OJ C 137, 16.5.2000).

(2001/C 136 E/014)

WRITTEN QUESTION E-2233/00

by Elisa Damiªo (PSE) to the Commission

(5 July 2000)

Subject: Agreement between South Africa and the European Union

According to Portuguese exporters, despite the agreement concluded between South Africa and the
European Union, there are still cases of dumping, in violation of Article 2 of the agreement and to the
detriment of Portuguese industry.

What action has the Commission taken to prevent the occurrence of situations of unfair competition and
what has it done to ensure that no harm is caused to Portuguese industries?

Answer given by Mr Lamy on behalf of the Commission

(18 September 2000)

While South Africa continues to be entitled to take trade protection measures against dumped imports, the
Community is very concerned with regard to the extensive use made by South Africa of the anti-dumping
instrument. South Africa has become one of the most frequent users of antidumping measures in the
world, and Community exports are increasingly hit by such duties. The Commission has repeatedly
pointed out to the South African authorities its concerns and its doubts about the compatibility of some
South African investigations with the relevant World Trade Organisation (WTO) Agreement. South Africa
has not yet replied to the Commission(cid:146)s objections.

As regards Portugal, one measure is in force: definitive anti-dumping duties on imports of acrylic tow. In
relation with this case, the Commission has examined in some detail the substance of the case to ascertain
whether there are enough elements to permit a valid WTO case to be brought should it deem this is the
right course of action. There are a number of issues of both policy and substance to be resolved before a
final decision is taken. The Commission appreciates that a considerable length of time has elapsed since
the imposition of the duties but the Honourable Member will understand that the complexity of these
issues results in the necessity of extensive debate and reflection.

The Commission has been in contact to that effect with the Portuguese exporter affected, which, of course,
will be kept informed of the outcome of the evaluation as soon as a conclusion is reached.

As regards the trade, development and co-operation Agreement (TDCA) with South Africa, it has to be
noted that its Article 2 concerns the essential elements (democracy, human rights, rule of law) of the
Agreement, which do not seem to be directly affected by the measures taken by South Africa. In fact,
Article 23.1 of the TDCA specifies explicitly that the Agreement does not affect the right of either party to
take anti-dumping measures in conformity with WTO obligations