Proposal for a Council Regulation on the measures that may be taken by the Community following a report adopted by the WTO dispute settlement body concerning anti-dumping and anti-subsidy measures
Date: 2001-07-05
Institutions: European Commission
Subjects: Dispute Settlement Body, World Trade Organisation, administrative procedure, anti-dumping measure, anti-subsidy proceeding

C 270 E/242

EN

Official Journal of the European Communities

25.9.2001

Proposal for a Council Regulation on the measures that may be taken by the Community following
a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy
measures

(2001/C 270 E/28)

COM(2001) 379 final (cid:151) 2001/0146(ACC)

(Submitted by the Commission on 5 July 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

measures which have not been the subject of dispute
settlement under the DSU,
in order to take account of
the legal interpretations made in a report adopted by the
DSB. In addition, the Community institutions should be
review such
able, where appropriate,
measures.

to suspend or

(6) Recourse to the DSU is not subject to time limits. The
recommendations in reports adopted by the DSB only
have prospective effect. Consequently, it is appropriate to
specify that any measures taken under this Regulation will
take effect from the date of their entry into force, unless
therefore, do not provide any
otherwise specified, and,
basis for the reimbursement of the duties collected prior
to that date,

(1) By Regulation (EC) No 384/96 of 22 December 1995 (1),
the Council has adopted common rules for protection
against dumped imports from countries which are not
members of the European Community.

HAS ADOPTED THIS REGULATION:

(2) By Regulation (EC) No 2026/97 of 6 October 1997 (2), the
Council has adopted common rules for protection against
subsidised imports from countries which are not members
of the European Community.

(3) Under the Marrakesh Agreement establishing the World
Trade Organization ((cid:145)WTO(cid:146)), an Understanding on Rules
and Procedures Governing the Settlement of Disputes
((cid:145)DSU(cid:146)) was reached. Pursuant
the Dispute
Settlement Body ((cid:145)DSB(cid:146)) was established.

to the DSU,

(4) With a view to permit the Community, where it considers
this appropriate, to bring a measure taken under Regu-
lation (EC) No 384/96 or Regulation (EC) No 2026/97
into conformity with the recommendations and rulings
contained in a report adopted by the DSB,
specific
provisions must be introduced.

(5) The Community institutions may consider it appropriate to
repeal, amend or adopt any other special measures with
(EC)
respect
taken
including
No 384/96 or Regulation (EC) No 2026/97,

under Regulation

to measures

Article 1

the DSB adopts a Report concerning a
1. Whenever
Community measure taken pursuant
to Council Regulation
(EC) No 384/96, Regulation (EC) No 2026/97 or to this Regu-
lation ((cid:145)disputed measure(cid:146)), the Council may, acting by simple
majority on a proposal submitted by the Commission after
consultation of the Advisory Committee established pursuant
to Article 15 of Council Regulation (EC) No 384/96 or Article
25 of Regulation (EC) No 2026/97 ((cid:145)Advisory Committee(cid:146)), take
one or more of the following measures, whichever it considers
appropriate:

(a) repeal or amend the disputed measure or;

(b) adopt any other special measures which are deemed to be

appropriate in the circumstances.

2.
For the purpose of taking measures under paragraph 1,
the Commission may request interested parties to provide all
necessary information in order to complete the information
obtained during the
resulted in the
adoption of the disputed measure.

investigation that

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC)

No 2238/2000 (OJ L 257, 11.10.2000, p. 2).

(2) OJ L 288, 21.10.1997, p. 1.

3.
Insofar as it is appropriate to conduct a review before or
at the same time as taking any measures under paragraph 1,
such review shall be initiated by the Commission, after consul-
tation of the Advisory Committee.

25.9.2001

EN

Official Journal of the European Communities

C 270 E/243

Insofar as it is appropriate to suspend the disputed or
4.
amended measure, such suspension shall be granted for a
limited period of
time by the Council, acting by simple
majority on a proposal submitted by the Commission after
consultation of the Advisory Committee.

Insofar as it is appropriate to suspend the non-disputed
4.
or amended measure, such suspension shall be granted for a
limited period of
time by the Council, acting by simple
majority on a proposal submitted by the Commission after
consultation of the Advisory Committee.

Article 2

Article 3

The Council may also take any of

the measures
1.
mentioned in Article 1(1) in order to take into account the
legal interpretations made in a report adopted by the DSB with
regard to a non-disputed measure, if it considers this appro-
priate.

2.
For the purpose of taking measures under paragraph 1,
the Commission may request interested parties to provide all
necessary information in order to complete the information
obtained during the
resulted in the
adoption of the non-disputed measure.

investigation that

3.
Insofar as it is appropriate to conduct a review before or
at the same time as taking any measures under paragraph 1,
such review shall be initiated by the Commission after consul-
tation of the Advisory Committee.

Any measures adopted pursuant to this Regulation shall take
effect from the date of their entry into force and shall not serve
as basis for the reimbursement of the duties collected prior to
that date, unless otherwise provided for.

Article 4

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

It applies to reports adopted after 1 January 2001 by the DSB.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.