2002/604/EC: Commission Decision of 9 July 2002 terminating the examination procedures concerning obstacles to trade, within the meaning of Council Regulation (EC) No. 3286/94, consisting of trade practices maintained by the United States of America in relation to imports of prepared mustard
Date: 2002-07-09
Institutions: European Commission
Subjects: United States, condiment, import, international trade, trade restriction

L 195/72

EN

Official Journal of the European Communities

24.7.2002

COMMISSION DECISION

of 9 July 2002

terminating the examination procedures concerning obstacles to trade, within the meaning of
Council Regulation (EC) No. 3286/94, consisting of trade practices maintained by the United States
of America in relation to imports of prepared mustard

(2002/604/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

B. FINDINGS OF THE INVESTIGATION

Having regard to the Treaty establishing the European Commu-
nity,

(5)

‘the Regulation’)

Having regard to Council Regulation (EC) No 3286/94 of 22
laying down
December 1994 (hereinafter
Community procedures in the field of the common commercial
policy in order to ensure the exercise of the Community’s rights
under international trade rules, in particular those established
under the auspices of the World Trade Organisation (1), as
amended by Regulation (EC) No 356/95 (2), and in particular
Article 11(1) thereof,

After consulting the Advisory Committee,

Whereas:

A. PROCEDURAL BACKGROUND

(1)

(2)

(3)

(4)

On 7 June 2001 the Federation of the French Condiment
Industries (FICF) lodged a complaint pursuant to Article
4 of the Regulation.

FICF alleged that Community exports of prepared
mustard to the United States of America are hindered by
an obstacle to trade within the meaning of Article 2(1)
of the Regulation.

The alleged obstacle to trade was constituted by the
United States decision to apply the suspension of trade
concessions imposed on prepared mustard, following the
Hormones Case, only to exports originating in certain
Community Member States (the United Kingdom is
included).

The Commission decided, after consultation of the Advi-
sory Committee established by the Regulation, that the
complaint contained sufficient evidence to justify the
initiation of an examination procedure. Consequently, an
examination procedure was
initiated on 1 August
2001 (3).

(1) OJ L 349, 31.12.1994, p. 71.
(2) OJ L 41, 23.2.1995, p. 3.
(3) OJ C 215, 1.8.2001, p. 2.

[…] which […] are aimed at:

Article 1 of the Regulation states that ‘this Regulation
establishes Community procedures in the field of the
common commercial policy in order to ensure the exer-
cise of the Community’s rights under international trade
rules
(b)
responding to obstacles to trade that have an effect on
the market of a third country, with a view to removing
the adverse trade effects resulting therefrom’. Further-
more, Article 4(1) of the Regulation provides that a
written complaint may be lodged by Community enter-
prises that are considered to ‘have suffered adverse trade
effects as a result of obstacles to trade that have an effect
on the market of a third country’.

[…];

(a)

(6)

(7)

(8)

The examination procedure led to the conclusion that
the alleged adverse trade effects do not appear to stem
from the obstacle to trade claimed in the complaint, i.e.
the United States of America practice of applying with-
drawal of concessions selectively against some but not all
the Member States (selective sanctioning). In fact, the
investigation did not provide any evidence of the fact
that making the suspension of concessions also applic-
able to the United Kingdom would result
in greater
export opportunities for the complainant for prepared
mustard to the United States market. Therefore, no
adverse trade effect, as defined in the Regulation, can be
attributed to the obstacle to trade claimed by the
complaint, other than the trade effects resulting from the
suspension of concessions which are authorised and
lawfully applied by the United States of America under
the WTO Agreement. Therefore,
in accordance with
Article 11, the examination procedure has demonstrated
that the interests of the Community do not require that
a specific action be taken against the alleged obstacle to
trade under the Regulation.

C. CONCLUSIONS AND RECOMMENDATIONS

The examination procedure did not provide sufficient
evidence that the interests of the Community require a
specific action to be taken under the Regulation against
the adverse trade effects produced by the alleged obstacle
to trade. The examination procedure should therefore be
terminated.

The measures provided for in this Decision are in accor-
the Advisory Committee
dance with the opinion of
established by the Regulation.

24.7.2002

EN

Official Journal of the European Communities

L 195/73

HAS ADOPTED THIS DECISION:

Sole Article

The examination procedure concerning obstacles to trade, within the meaning of the Regulation, consisting
of trade practices maintained by the United States of America in relation to imports of prepared mustard
initiated on 1 August 2001 is hereby terminated.

Done at Brussels, 9 July 2002.

For the Commission

Pascal LAMY

Member of the Commission