Proposal for a Council Regulation amending Council Regulation (EC) No 963/2002 laying down transitional provisions concerning anti-dumping and anti-subsidy measures adopted pursuant to Commission Decisions No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping and anti-subsidy investigations, complaints and applications pursuant to those Decisions
Date: 2002-07-11
Institutions: European Commission
Subjects: India, Romania, anti-dumping duty, anti-dumping legislation, anti-dumping measure, anti-subsidy proceeding, complaint to the Commission, iron and steel product

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EN

Official Journal of the European Communities

31.12.2002

Proposal for a Council Regulation amending Council Regulation (EC) No 963/2002 laying down
transitional provisions concerning anti-dumping and anti-subsidy measures adopted pursuant to
Commission Decisions No 2277/96/ECSC and No 1889/98/ECSC as well as pending anti-dumping
and anti-subsidy investigations, complaints and applications pursuant to those Decisions

(2002/C 331 E/03)

COM(2002) 395 final — 2002/0146(ACC)

(Submitted by the Commission on 11 July 2002)

EXPLANATORY MEMORANDUM

The Treaty on the European Coal and Steel Community (ECSC Treaty) shall expire on 23 July 2002. After
this date, products formerly covered by the ECSC Treaty will be covered by the EC Treaty.

The Commission has adopted two basic Decisions, respectively Commission Decisions No 2277/96/ECSC
and No 1889/98/ECSC, governing anti-dumping and anti-subsidy investigations and measures for ECSC
products.

A number of measures adopted pursuant to these two Decisions will still be in force as of 23 July, and a
number of complaints, applications or investigations may be pending.

Council Regulation (EC) 963/2002 of 3 June 2002 (1) aims at clarifying the legal situation of these
measures, complaints or investigations, by stating explicitly that, after 23 July 2002, they will become
subject to the provisions of the basic anti-dumping and anti-subsidy Council Regulations (Council Regu-
lations (EC) No 384/96 and (EC) No 2026/97), adopted pursuant to Article 133 of the EC Treaty.

The Tables attached in annex to the above-mentioned Regulation list all the anti-dumping and anti-subsidy
measures in force on 16 April 2002, at the date of the adoption of the proposal by the Commission.

The attached proposal aims at updating these Tables, to duly take into account developments occurred
since 16 April 2002 and hence present an updated and corrected situation.

(1) OJ L 149, 7.6.2002.

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 (1),

Whereas:

(1) The Treaty establishing the European Coal and Steel Community (‘ECSC Treaty’) will expire on 23 July

2002.

(2) Products which are currently covered by the ECSC Treaty will be subject to the Treaty establishing the

European Community as of 24 July 2002.

(3) Council Regulation (EC) No 963/2002 (2) lays down transitional provisions concerning anti-dumping
to Commission Decisions No 2277/96/ECSC and
and anti-subsidy measures adopted pursuant
No 1889/98/ECSC. The annexes to that Regulation list all
the anti-dumping and anti-subsidy
measures in force on 16 April 2002, namely the date of the adoption of the proposal by the
Commission.

(1) COM(2002) 395 final.
(2) OJ L 149, 7.6.2002.

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(4) In the meantime, amendments have however been adopted in relation to certain of these measures.
Consequently, the above-mentioned annexes should be updated. It is therefore appropriate to provide
for an amending Regulation which brings the annexes of Council Regulation (EC) No 963/2002 up to
date.

HAS ADOPTED THIS REGULATION:

Council Regulation (EC) No 963/2002 is amended as follows:

Article 1

1. In the table of annex I, the section ‘Flat rolled products of iron or non-alloy steel (hot rolled coils)

originating in India’ is replaced by the following:

Product

Decision No

CN-Code
(TARIC code)

Origin

Manufacturers
(additional Taric code)

Level of duty

Flat rolled products
of iron or non-alloy
steel (hot rolled
coils)

Commission Dec. No 283/2000/ECSC
of 4.2.2000 (OJ L 31, 5.2.2000) (cor-
rected by Dec. No 2009/2000/ECSC
22.9.2000) (OJ L 240, 23.9.2000) as
last amended by Commission Dec.
No 841/2002/ECSC 21.5.2002 (OJ L
134, 22.5.2002)
and Commission
Dec. No 1043/2002/ECSC 14.6.2002
(OJ L 157, 15.6.2002)

7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 10
7208 37 90
7208 38 10
7208 38 90
7208 39 10
7208 39 90

India

Iron & Steel Company

Tata
Ltd. (A078)

0

Essar Steel Ltd. (A083/A076)

Undertaking/1,5 %

Steel Authority of
(A084/A077)

India Ltd.

Undertaking/11,5 %

Jindal Vijayanagar Steel Ltd.
(A270)

Undertaking/18,1 %

Ispat Industries Ltd. (A204)

Undertaking/14 %

All other companies (A999)

10,7 %

2. In the table of annex I, the section ‘Hot-rolled flat products of non-alloy steel (quarto plates) originating

in Romania’ is replaced by the following:

Product

Decision No

CN-Code
(TARIC code)

Origin

Manufacturers
(additional Taric code)

Hot-rolled flat
products of
non-alloy steel
(quarto plates)

No 1758/2000/ECSC 9.8.2000 (OJ L
202, 10.8.2000) as last amended by
Commission Dec. No 979/2002/ECSC
3.6.2002 (OJ L 150, 8.6.2002)

Romania

Sidex SA (069)

All other companies (A999)

ex 7208 51 30
(7208 51 30 10)
ex 7208 51 50
(7208 51 50 10)
ex 7208 51 91
(7208 51 91 10)
ex 7208 51 99
(7208 51 99 10)
ex 7208 52 91
(7208 52 91 10)

Level
of duty

5,7 %

11,5 %

3. In the table of annex II, the section ‘Flat rolled products of iron or non-alloy steel (hot rolled coils)

originating in India’ is replaced by the following:

Product

Decision No

CN-Code
(TARIC code)

Origin

Manufacturers
(additional Taric code)

Level of duty

Flat rolled products
of iron or
non-alloy steel
(hot rolled coils)

Commission Dec. No 284/2000/ECSC
4.2.2000 (OJ L 31, 5.2.2000) corrected
by Commission Dec. No 2071/2000/
ECSC 29.9.2000 (L 246, 30.9.2000) as
last
amended by Commission Dec.
No 842/2002/ECSC 21.5.2002 (OJ L
134, 22.5.2002) and Commission Dec.
No 1043/2002/ECSC 14.6.2002 (OJ L
157, 15.6.2002)

7208 10 00
7208 25 00
7208 26 00
7208 27 00
7208 36 00
7208 37 10
7208 37 90
7208 38 10
7208 38 90
7208 39 10
7208 39 90

India

Essar Steel Ltd. (A083/A076)

Undertaking/4,9 %

The Steel Authority of
Ltd. (A084/A077)

India

Undertaking/12,3 %

Iron & Steel Company

Tata
Ltd. (A075/A078)

Undertaking/6,2 %

Ispat Industries Ltd. (A204)

Undertaking/9,8 %

Jindal Vijayanagar Steel Ltd.
(A270)

Undertaking/5,7 %

All other companies (A999)

13,1 %

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This Regulation shall enter into force on 24 July 2002.

Article 2

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