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: 2004-09-16
Institutions: European Commission
Subjects: accession to the European Union, anti-dumping legislation, anti-dumping measure, anti-subsidy proceeding, enlargement of the Union

C 231/2

EN

Official Journal of the European Union

16.9.2004

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 (1)

(2004/C 231/02)

into the

When enlargement
takes place on 1 May 2004, all anti-
dumping and anti-subsidy measures in force will automatically
enlarged 25 Member State
apply to imports
Community (2). Accordingly, these measures will also apply to
imports into the 10 new Member States. On enlargement, there
will be a number of pending investigations initiated before
1 May 2004. Should such investigations lead to measures,
these will equally apply to imports into the 25 Member State
Community.

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

Firstly, the automatic application of these measures in the 25
Member State Community may cause undue economic hard-
ship for some operators,
in particular in the new Member
States. Therefore, the Commission considered whether interim
arrangements were necessary during a temporary period to alle-
viate 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

in individual cases cause an ‘economic hardship’. Governments
and exporters of the countries concerned were urged to identify
any such cases of economic hardship and bring them to the
Commission's attention. Following this, meetings were held
with several third country governments and/or 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.

Secondly, the Commission gives notice that it is prepared to
review anti-dumping and anti-subsidy measures pursuant to
Article 11(3) of Council Regulation (EC) No 384/96 (3) and
Article 19 of Regulation (EC) No 2026/97 (4), where any inter-
ested 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 parties are invited to visit
the DG Trade trade
defence enlargement website http://europa.eu.int/comm/trade/
for further infor-
issues/respectrules/tdi_enlarg/index_en.htm)
mation and for details of a helpdesk facility.

(1) This Notice is the same as Notice 2004/C 91/02 (OJ C 91,
15.4.2004, p. 2) now published in the 20 official languages of the
European Union.
(2) The Czech Republic,

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

the Republic of Lithuania,

the Republic of Estonia,

the Republic of Latvia,

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

(EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(4) OJ L 288, 21.10.1977. Regulation as last amended by Regulation

(EC) No 461/2004.