Council Regulation (EC) No 1515/2001 of 23 July 2001 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 matters
Date: 2001-07-23
Institutions: Council of the European Union
Subjects: World Trade Organisation, anti-dumping legislation, export subsidy, import

L 201/10

EN

Official Journal of the European Communities

26.7.2001

COUNCIL REGULATION (EC) No 1515/2001

of 23 July 2001

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 matters

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,

Whereas:

(1)

(2)

(3)

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

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

Under the Marrakesh Agreement establishing the World
Trade Organisation (‘WTO’), an Understanding on Rules
and Procedures Governing the Settlement of Disputes
(‘DSU’) was reached. Pursuant to the DSU, the Dispute
Settlement Body (‘DSB’) was established.

unless otherwise specified, and, therefore, do not provide
any basis for the reimbursement of the duties collected
prior to that date,

HAS ADOPTED THIS REGULATION:

Article 1

1. Whenever
the DSB adopts a Report concerning a
Community measure taken pursuant to Council Regulation
(EC) No 384/96, Regulation (EC) No 2026/97 or to this Regu-
lation (‘disputed measure’), 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 Regulation (EC) No 384/96 or Article 25 of
Regulation (EC) No 2026/97 (‘Advisory Committee’), 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.

(4) With a view to permitting the Community, where it
considers this appropriate, to bring a measure taken
under Regulation (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.

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 investigation that resulted in the adoption
of the disputed measure.

(5)

(6)

The Community institutions may consider it appropriate
to repeal, amend or adopt any other special measures
with respect to measures taken under Regulation (EC)
No 384/96 or Regulation (EC) No 2026/97, including
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
able, where appropriate,
to suspend or review such
measures.

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,

(1) OJ L 56, 6.3.1996, p. 1, Regulation 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.

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.

Article 2

The Council may also take any of

1.
the measures
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.

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Official Journal of the European Communities

L 201/11

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

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.

majority on a proposal submitted by the Commission after
consultation of the Advisory Committee.

Article 3

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

4.
Insofar as it is appropriate to suspend the non-disputed
or amended measure, such suspension shall be granted for a
time by the Council, acting by simple
limited period of

This Regulation shall enter into force on the day of its publica-
tion 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.

Done at Brussels, 23 July 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK