Notice regarding the application of anti-dumping and anti-subsidy measures in force in the Community following enlargement to include the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the possibility of review
Date: 2004-04-15
Institutions: European Commission
Subjects: accession to the European Union, anti-dumping measure, anti-subsidy proceeding, enlargement of the Union

C 91/2

EN

Official Journal of the European Union

15.4.2004

Notice regarding the application of anti-dumping and anti-subsidy measures in force in the
Community following enlargement to include the Czech Republic, the Republic of Estonia, the
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary,
the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
and the possibility of review

(2004/C 91/02)

When enlargement
takes place on 1 May 2004, all anti-
dumping and anti-subsidy measures in force will automatically
apply to imports into the enlarged twenty-five Member State
Community (1). Accordingly, these measures will also apply to
imports into the ten new Member States. On enlargement,
there will be a number of pending investigations initiated
lead to
before 1 May 2004. Should such investigations
measures,
into the
twenty-five Member State Community.

these will equally apply to imports

in individual cases cause an ‘economic hardship’. Governments
the countries concerned were urged to
and exporters of
identify any such cases of economic hardship and bring them
to the Commission's attention. Following this, meetings were
held with several
their
exporters, around 50 of whom submitted information to the
Commission. The Commission identified the problematic cases
and a number of interim reviews were recently initiated as a
result to provide transitional solutions to them.

third country governments and/or

The Commission has developed a two-pronged approach
regarding potential reviews of measures in this context.

the automatic application of

Firstly,
these measures in the
twenty-five Member State Community may cause undue
in particular in the
economic hardship for some operators,
new Member States. Therefore,
the Commission considered
whether
interim arrangements were necessary during a
temporary period to alleviate any such difficulties.

All third countries subject to significant trade defence measures
were informed about the Commission's intention to examine
whether the automatic extension of the existing trade defence
measures to the enlarged Community as from 1 May 2004 will

Secondly, the Commission gives notice that it is prepared to
review anti-dumping and anti-subsidy measures pursuant to
Article 11(3) of Regulation (EC) No 384/96 (2) and Article 19
of Regulation (EC) No 2096/97 (2), where any interested party
so requests and submits evidence that the measures would have
been significantly different if they were based on information
including the new Member States. In this regard, it should be
noted that enlargement per se, in the absence of such evidence,
is not a sufficient basis for a review to be initiated. Interested
the DG Trade trade defence
parties are invited to visit
http://europa.eu.int/comm/
enlargement
trade/issues/respectrules/tdi_enlarg/index_en.htm)
further
information and for details of a helpdesk facility.

website

(under

for

(1) The Czech Republic,

the Republic of Estonia,

the Republic of Latvia,

Cyprus,
Republic of Hungary,
Poland, the Republic of Slovenia and the Slovak Republic.

the Republic of Malta,

the Republic of Lithuania,

the Republic of
the
the Republic of

(2) As last amended by Council Regulation (EC) No 461/2004 of

8.3.2004 (OJ L 77 of 13.3. 2004, p. 12).