WITHIN AN ADVISORY COMMITTEE ;
WHEREAS IT IS APPROPRIATE TO LAY DOWN CLEARLY THE RULES OF PROCEDURE TO BE FOLLOWED DURING THE INVESTIGATION , IN PARTICULAR THE RIGHTS AND OBLIGATIONS OF THE COMMUNITY AUTHORITIES AND THE PARTIES INVOLVED , AND THE CONDITIONS UNDER WHICH INTERESTED PARTIES MAY HAVE ACCESS TO INFORMATION AND MAY ASK TO BE INFORMED OF THE ESSENTIAL FACTS AND CONSIDERATIONS ON THE BASIS OF WHICH IT IS INTENDED TO RECOMMEND DEFINITIVE MEASURES ;
WHEREAS IT IS NECESSARY THAT THE COMMUNITY'S DECISION-MAKING PROCESS PERMIT RAPID AND EFFICIENT ACTION , IN PARTICULAR THROUGH MEASURES TAKEN BY THE COMMISSION , AS FOR INSTANCE THE IMPOSITION OF PROVISIONAL DUTIES ;
WHEREAS , IN ORDER TO DISCOURAGE DUMPING , IT IS APPROPRIATE TO PROVIDE , IN CASES WHERE THE FACTS AS FINALLY ESTABLISHED SHOW THAT THERE IS DUMPING AND INJURY , FOR THE POSSIBILITY OF DEFINITIVE COLLECTION OF PROVISIONAL DUTIES EVEN IF THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY IS NOT DECIDED ON , ON PARTICULAR GROUNDS ;
WHEREAS IT IS ESSENTIAL , IN ORDER TO ENSURE THAT ANTI-DUMPING AND COUNTERVAILING DUTIES ARE LEVIED IN A CORRECT AND UNIFORM MANNER , THAT COMMON RULES FOR THE APPLICATION OF SUCH DUTIES BE LAID DOWN ; WHEREAS , BY REASON OF THE NATURE OF THE SAID DUTIES , SUCH RULES MAY DIFFER FROM THE RULES FOR THE LEVYING OF NORMAL IMPORT DUTIES ;
WHEREAS IT IS APPROPRIATE TO PROVIDE FOR OPEN AND FAIR PROCEDURES FOR THE REVIEW OF MEASURES TAKEN , AND FOR THE INVESTIGATION TO BE REOPENED WHEN THE CIRCUMSTANCES SO REQUIRE ;
WHEREAS , IN ORDER TO AVOID ABUSE OF COMMUNITY PROCEDURES AND RESOURCES , IT IS APPROPRIATE TO LAY DOWN A MINIMUM PERIOD WHICH MUST ELAPSE AFTER THE CONCLUSION OF A PROCEEDING BEFORE SUCH A REVIEW MAY BE CONDUCTED , AND TO ENSURE THAT THERE IS EVIDENCE OF A CHANGE IN CIRCUMSTANCES SUFFICIENT TO JUSTIFY A REVIEW ;
WHEREAS APPROPRIATE PROCEDURES SHOULD BE ESTABLISHED FOR EXAMINING APPLICATIONS FOR REFUNDS OF ANTI-DUMPING DUTIES ;
WHEREAS THIS REGULATION SHOULD NOT PREVENT THE ADOPTION OF SPECIAL MEASURES WHERE THIS DOES NOT RUN COUNTER TO THE COMMUNITY'S OBLIGATIONS UNDER THE GATT ;
WHEREAS AGRICULTURAL PRODUCTS AND PRODUCTS DERIVED THEREFROM MIGHT ALSO BE DUMPED OR SUBSIDIZED ; WHEREAS IT IS , THEREFORE , NECESSARY TO SUPPLEMENT THE IMPORT RULES GENERALLY APPLICABLE TO THESE PRODUCTS BY MAKING PROVISION FOR PROTECTIVE MEASURES AGAINST SUCH PRACTICIES ;
WHEREAS , IN ADDITION TO THE ABOVE CONSIDERATIONS , WHICH LED TO THE ADOPTION OF REGULATION ( EEC ) NO 3017/79 , AS AMENDED BY REGULATION ( EEC ) NO 1580/82 , EXPERIENCE HAS SHOWN THAT THIS REGULATION SHOULD BE FURTHER AMENDED ;
WHEREAS IN THIS CONTEXT IT IS APPROPRIATE TO BRING THE TERMINOLOGY OF THE SAID REGULATION INTO LINE WITH THE PROVISIONS OF COUNCIL DIRECTIVE 79/623/EEC OF 25 JUNE 1979 ON THE HARMONIZATION OF PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS DEBT ( 1 ) AND OF COUNCIL DIRECTIVE 79/695/EEC OF 24 JULY 1979 ON