Proposal for a Council Regulation repealing Regulation (EC) No 1031/2002 establishing additional customs duties on imports of certain products originating in the United States of America
Date: 2003-12-08
Institutions: European Commission
Subjects: CCT duties, United States, import (EU), iron and steel product, originating product

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.12.2003
COM(2003) 788 final

Proposal for a

COUNCIL REGULATION

repealing Regulation (EC) No 1031/2002 establishing additional customs duties on
imports of certain products originating in the United States of America

(presented by the Commission)

EN

  EN

EXPLANATORY MEMORANDUM

On  7  March  2002,  the  United  States  of  America  adopted  a  safeguard  action  on  imports  of
certain  steel  products,  which  disturbed  the  balance  of  concessions  and  other  obligations
resulting from the Marrakesh Agreement establishing the World Trade Organisation between
the European Communities and the United States of America.

To  restore  this  balance,  the  European  Communities  adopted  Council  Regulation  (EC)  No
1031/2002  of  13  June  2002  establishing  additional  customs  duties  on  imports  of  certain
products originating in the United States of America1.

Article 5 of Regulation (EC) No 1031/2002 provides that “[t(cid:1)he Council, acting by qualified
majority  on  a  proposal  from  the  Commission,  shall  decide  on  the  repeal  of  this  Regulation
once the safeguard measure of the United States of America is lifted”.

The  safeguard  action  on  imports  of  certain  steel  products  and  all  acts  based  thereon2  was
repealed by the United States of America with effect from 5 December 2003.3 The condition
to repeal Regulation (EC) No 1031/2002 is therefore met.    

1

2

3

OJ No. L 157,15.6.2002, p. 8.
Memorandum  for  the  Secretary  of  Treasury,  the  Secretary  of  Commerce  and  the  USTR  of  5  March
2002 on the “Action Under Section 203 of the Trade Act of 1974 Concerning Certain Steel Products by
the  President  of  the  United  States  of  America”  (United  States  Federal  Register  Vol.  67,  No.  45  of  7
March 2002, p. 10593); Notices from the Office of the United State Trade Representative, “Exclusion
of  Particular  Products  From  Actions  Under  Section  203  of  the  Trade  Act  of  1974  With  Regard  to
Certain  Steel  Products;  Conforming  Changes  and  Technical  Corrections  to  the  Harmonized  Tariff
Schedule of the United States” (United States Federal Register Vol. 67, No. 169 of 30 August 2002, p.
56182 and Vol. 68, No. 61 of 31 March 2003, p. 15494).
Proclamation  No.  […]  “To  Provide  for  the  Termination  of  Action  Taken  with  Regard  to  Imports  of
Certain Steel Products” of 4 December 2003.

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Proposal for a

COUNCIL REGULATION

repealing Regulation (EC) No 1031/2002 establishing additional customs duties on
imports of certain products originating in the United States of America

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  Council  Regulation  (EC)  No  1031/2002  of  13  June  2002  establishing
additional  customs  duties  on  imports  of  certain  products  originating  in  the  United  States  of
America4, and in particular Article 5 thereof,

Having regard to the proposal from the Commission5,

Whereas:

(1) 

The safeguard action imposed by the United States of America on imports of  certain
steel  products  in  Proclamation  No.  7529  “To  Facilitate  Positive  Adjustment  to
Competition from Imports of Certain Steel Products” of 5 March 2002, as published in
the United States Federal Register, Vol. 67, No. 45, 7 March 2002, p. 10533, and all
acts  based  thereon  was  repealed  on  4  December  2003.  The  repeal  took  effect  on  5
December 2003,

(2) 

The  condition  for  the  repeal  of  Regulation  (EC)  No  1031/2002  set  out  in  Article  5
thereof is therefore met,

HAS ADOPTED THIS REGULATION:

Regulation  (EC)  No  1031/2002  is  hereby  repealed  as  from  the  day  following  5  December
2003.

Article 1

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

Article 2

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

Done at Brussels,

4

5

OJ L 157, 15.6.2002, p. 8.
OJ C […] […], p. […9

For the Council
The President

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