THE RULES LAID DOWN IN ARTICLE VI OF THE GENERAL AGREEMENT ON TARIFF AND TRADE AND IN THE AGREEMENT ON IMPLEMENTATION OF THAT ARTICLE ;
WHEREAS WITHIN THEIR RESPECTIVE SPHERES OF ACTION THE COMMUNITY AND ITS MEMBER STATES MUST HOWEVER REMAIN AT LIBERTY TO ADOPT SPECIAL MEASURES WHERE THIS DOES NOT RUN COUNTER TO THEIR CONTRACTUAL OBLIGATIONS UNDER THE GATT ;
WHEREAS DUMPING AND THE GRANTING OF BOUNTIES AND SUBSIDIES ARE PRACTICES WHICH MAY ALSO CONCERN AGRICULTURAL PRODUCTS AND PRODUCTS DERIVED THEREFROM ; WHEREAS IT IS THEREFORE NECESSARY TO SUPPLEMENT THE IMPORT RULES GENERALLY APPLICABLE TO SUCH PRODUCTS BY MAKING PROVISIONS FOR PROTECTIVE MEASURES AGAINST SUCH PRACTICES ;
WHEREAS IT MUST BE POSSIBLE FOR ANYONE ACTING ON BEHALF OF A COMMUNITY INDUSTRY WHICH CONSIDERS ITSELF INJURED OR THREATENED BY ANY ACT OF DUMPING OR BY ANY BOUNTY OR SUBSIDY GRANTED TO LODGE A COMPLAINT ; WHEREAS SUCH COMPLAINTS MUST SATISFY CERTAIN REQUIREMENTS , IN PARTICULAR AS REGARDS THE PROVISION OF EVIDENCE OF DUMPING , OR OF THE GRANTING OF ANY BOUNTY OR SUBSIDY , AND OF INJURY RESULTING THEREFROM ;
WHEREAS IT IS IN THE COMMUNITY INTEREST THAT MEMBER STATES AND THE COMMISSION SHOULD KEEP EACH OTHER AS FULLY INFORMED AS POSSIBLE REGARDING BOTH COMPLAINTS AND THE STEPS TAKEN BY THE COMPETENT AUTHORITIES TO COUNTERACT THE PRACTICES IN QUESTION ;
WHEREAS EXAMINATION OF THE MATTER AT COMMUNITY LEVEL SHOULD INVOLVE CLOSE AND CONSTANT CO-OPERATION BETWEEN MEMBER STATES AND THE COMMISSION ;
WHEREAS PROCEEDINGS MUST BE ADEQUATELY PUBLICISED , AND IN PARTICULAR BY PUBLICATION OF A NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES DESIGNED TO WARN FOREIGN EXPORTERS AND COMMUNITY IMPORTERS OF THE POSSIBLE ADOPTION OF PROTECTIVE MEASURES , AND TO HELP EXPEDITE EXAMINATION OF THE MATTER ;
WHEREAS IT IS ESSENTIAL THAT , ON THE BASIS OF INFORMATION EXCHANGED , EXAMINATION SHOULD TAKE PLACE AT COMMUNITY LEVEL , WITHIN AN ADVISORY COMMITTEE , OF APPROPRIATE PROTECTIVE MEASURES ; WHEREAS IT IS FOR THE COMMISSION TO SUBMIT THE NECESSARY PROPOSALS TO THE COUNCIL ;
WHEREAS EXPERIENCE HAS SHOWN THAT PROTECTION AGAINST DUMPING , BOUNTIES OR SUBSIDIES MAY IN CERTAIN CASES CALL FOR A MORE EXPEDITIOUS PROTECTIVE PROCEDURE ; WHEREAS THE COMMUNITY MUST THEREFORE BE ABLE TO PROVIDE APPROPRIATE PROTECTION DURING THE RELATIVELY LENGTHY PERIOD WHICH MAY BE REQUIRED BEFORE THE FACTS OF THE MATTER ARE FINALLY ESTABLISHED ;
WHEREAS A MORE EXPEDITIOUS PROCEDURE THAN NORMAL SHOULD THEREFORE BE PROVIDED FOR AS A SAFEGUARD AGAINST UNFORESEEN PRACTICES ; WHEREAS THE NEED FOR RAPID AND EFFECTIVE ACTION MAKES IT JUSTIFIABLE FOR THE COMMISSION TO BE EMPOWERED , AS AN EXEPTIONAL MEASURE AND WITHOUT PREJUDICE TO THE SUBSEQUENT POSITION OF THE COUNCIL , TO INTRODUCE , ON ITS OWN INITIATIVE OR AT THE REQUEST OF A MEMBER STATE , AND UNDER AN EMERGENCY PROCEDURE , PROVISIONAL ANTI-DUMPING OR COUNTERVAILING DUTIES ;
WHEREAS , WHERE A MEMBER STATE REQUESTS IMMEDIATE INTERVENTION AND THE CONDITIONS FOR THE APPLICATION OF A PROVISIONAL DUTY ARE SATISFIED , THE PERIOD WITHIN WHICH THE COMMISSION , ACTING UNDER