Council Regulation (EC) No 452/2003 of 6 March 2003 on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures
Date: 2003-03-06
Institutions: Council of the European Union
Subjects: anti-dumping legislation, anti-dumping measure, common tariff policy, protective clause

L 69/8

EN

Official Journal of the European Union

13.3.2003

COUNCIL REGULATION (EC) No 452/2003

of 6 March 2003

on measures that the Community may take in relation to the combined effect of anti-dumping or
anti-subsidy measures with safeguard measures

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

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 Commu-
nity.

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 Commu-
nity.

By Regulation (EC) No 519/94 (3) and (EC) No 3285/
94 (4), the Council adopted common rules for the adop-
tion of safeguard measures against imports from certain
countries which are not members of the Community.
Safeguard measures may take the form of tariff measures
applicable either to all imports or to those imports in
excess of a pre-determined quantity. Such safeguard
measures imply that the goods are eligible to enter the
Community market upon payment of
the relevant
duties.

The importation of certain goods may be subject to both
anti-dumping or anti-subsidy measures on the one hand
and safeguard tariff measures on the other. The objec-
tives of the former are to remedy market distortions
created by unfair trading practices, whilst the objectives
of the latter are to grant relief against greatly increased
imports.

However,
the combination of anti-dumping or anti-
subsidy measures with safeguard tariff measures on one
and the same product could have an effect greater than
that intended or desirable in terms of the Community's
trade defence policy and objectives. In particular, such a
combination of measures could place an undesirably
onerous burden on certain exporting producers seeking
to export to the Community, which may have the effect
of denying them access to the Community market.

(6)

(7)

(8)

Consequently, exporting producers seeking to export to
the Community should not be subject to undesirably
onerous burdens and should continue to have access to
the Community market.

It is therefore desirable to ensure that the objectives of
the safeguard tariff measures and anti-dumping and/or
anti-subsidy measures can be met without denying those
exporting producers access to the Community market.

Therefore, specific provisions should be introduced to
enable the Council and the Commission, where they
consider it appropriate, to take action with a view to
ensuring that a combination of anti-dumping or anti-
subsidy measures with safeguard tariff measures on the
same product does not have such an effect.

(9) While it may be foreseeable that both the safeguard duty
and the anti-dumping or anti-subsidy measures may
become simultaneously applicable to the same product,
it is not always possible to determine in advance at
which precise point in time this may occur. Therefore,
the Council and the Commission should be in a position
to provide for such a situation in a manner ensuring
sufficient predictability and legal certainty for all opera-
tors concerned.

(10)

The Council and the Commission may consider it appro-
priate to amend, suspend or repeal anti-dumping and/or
anti-subsidy measures or to provide for exemptions in
whole or in part from any anti-dumping or counter-
vailing duties which would otherwise be payable, or to
adopt any other special measures. Any suspension or
amendment of, or exemption from, anti-dumping or
anti-subsidy measures should be granted only for a
limited period of time.

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

(EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ L 288, 21.10.1997, p. 1. Regulation as amended by Regulation

(EC) No 1973/2002 (OJ L 305, 7.11.2002, p. 4).

(3) OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regula-

tion (EC) No 1138/98 (OJ L 159, 3.6.1998, p. 1).

(4) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu-

lation (EC) No 2474/2000 (OJ L 286, 11.11.2000, p. 1).

(11) Any measures taken under this Regulation should be
applicable from the date of their entry into force, unless
otherwise specified therein, and should therefore not
provide a basis for the reimbursement of duties collected
prior to that date,

13.3.2003

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Official Journal of the European Union

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HAS ADOPTED THIS REGULATION:

(c) any other special measures considered appropriate in the

Article 1

1. Where the Commission considers that a combination of
anti-dumping or anti-subsidy measures with safeguard tariff
measures on the same imports could lead to effects greater than
is desirable in terms of the Community's trade defence policy,
it may, after consultation of the Advisory Committee estab-
lished by Article 15 of Regulation (EC) No 384/96 or by Article
25 of Regulation (EC) No 2026/97, propose to the Council
that, acting by simple majority, it adopt such of the following
measures as it deems appropriate:

(a) measures

to amend,

suspend or

repeal existing anti-

dumping and/or anti-subsidy measures;

circumstances.

2.
Any amendment, suspension or exemption pursuant to
paragraph 1 shall be limited in time and shall apply only when
the relevant safeguard measures are in force.

Article 2

Any measure adopted pursuant to this Regulation shall apply
from its date of entry into force. It shall not serve as basis for
the reimbursement of duties collected prior to that date unless
otherwise provided in that measure.

Article 3

(b) measures to exempt imports in whole or in part from anti-
dumping or countervailing duties which would otherwise
be payable;

This Regulation shall enter
into force on the third day
following that of its publication in the Official Journal of the
European Union.

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

Done at Brussels, 6 March 2003.

For the Council

The President

D. REPPAS