Notice on the consequences of Severe Acute Respiratory Syndrome (SARS) on anti-dumping and anti-subsidy investigations
Date: 2003-08-13
Institutions: European Commission
Subjects: EU control, anti-dumping legislation, anti-dumping measure, epidemic, exchange of information, respiratory disease, third country

C 191/2

EN

Official Journal of the European Union

13.8.2003

Notice on the consequences of Severe Acute Respiratory Syndrome (SARS) on anti-dumping and
anti-subsidy investigations

(2003/C 191/02)

1. Background

Article 16 of Council Regulation (EC) No 384/96 of 22
December 1995 (1) on protection against dumped imports
from countries not members of the European Community
and Article 26 of Council Regulation (EC) No 2026/97 of 6
October 1997 (2) on protection against subsidised imports
from countries not members of the European Community
‘the Commission shall,
(the basic Regulations) state that
to
where it considers
examine
traders,
agents, producers, trade associations and organizations and
to verify information provided on dumping and injury’.

it appropriate, carry out visits

records of

importers,

exporters,

the

In view of the significant threat of SARS transmission, the
Commission has decided not to conduct any verification
visits by Commission officials to areas with recent local
transmission of SARS. A list of such areas is published by
the World Health Organisation (WHO) and updated on a
regular basis.

2. Impact of SARS on anti-dumping and anti-subsidy

investigations

Since information provided by exporting producers located
in the affected SARS areas will thus not be subject to verifi-
cation on spot,
the Commission will have to base its
findings on the verified or other proven facts on the
record of the investigation.

Therefore, the Commission will carefully examine, inter alia,
the following information when making its finding with
respect to the imports under investigation:

— the complaint and the verified information contained
therein submitted on behalf of
the Community
industry pursuant to Articles 5 or 10 of the respective
basic Regulations,

in

parties,

particular

In this respect, the utmost cooperation will be required
from interested
providing
in
information which is sufficiently detailed, can be cross-
checked from independent and verifiable sources and is
fully and properly certified. If such necessary information
cannot be provided by interested parties, the Commission
will have to make its findings on the basis of the facts
available in accordance with Articles 18 and 28 of the
respective basic Regulations.

In this context, the Commission will take particular care
that due process
are
observed.

and transparency requirements

3. Duration and review

The situation during which no verification visits will take
place, will only last until the affected areas have been taken
off the WHO list. This list can be consulted on the WHO
web site: www.who.int

If in the course of an investigation, affected areas are no
longer considered restricted zones for travelling, verification
visits will again be carried out provided this is still feasible
in view of the deadlines applicable to investigations.

In the case where an investigation has been concluded and
definitive measures were imposed on the basis of the facts
available, the Commission may, as soon as affected areas are
no longer considered restricted zones for travelling, initiate
on its own initiative a review pursuant to Article 11(3) or
Article 19(1) of the basic Regulations.

Parties concerned may wish to comment on the abovemen-
tioned approach. These comments must reach the Commission
within 10 days of the date of publication of this notice in the
the European Union and must be made in
Official
writing to:

Journal of

— the information submitted pursuant to Articles 6(2) or
the respective basic Regulations by other
11(2) of
interested parties,
in particular exporting producers,
which can be properly verified by the Commission
services in Brussels.

European Commission
J-79 5/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877.

(1) OJ L 56, 6.3.1996, p. 1, 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, as last amended by Regulation (EC) No

1973/2002 (OJ L 305, 7.11.2002, p. 3).