CELEX: 51995PC0007
Language: en
Date: 1995-01-17
Title: Proposal for a Council Regulation (EC) amending Regulation (EC) No 3283/94 on protection against dumped imports from countries not members of the European Community

CQMVIISSION OF THE EUROPEAN                                      COMMUNITIES
                                                     COM(95)      7 final
                                                      Brussels, 17.01.1995
                                                      95/0015 (ACC)
                    Proposal for a Council Regulation (EC)
 amending Regulation (EC) No 3283/94 on protection against dumped imports from countries
                        not members of the European Community
                           (presented by the Commission)
 ---pagebreak---                               Explanatory Memorandum
On 31 December, 1994, the Council adopted a Regulation implementing the Uruguay
Round results on anti-dumping and repealed the existing anti-dumping Regulation (EEC)
N0 2423/881.
Last minute changes in the Council to Article 24 of the Commission proposal, inserted to
avoid that the new and different rules would apply to on-going and well-advanced cases,
require provision to be made for transitional arrangements for such cases and, in this
respect, it now appears prudent to clarify that this shall be done under the old Regulation,
that is, Regulation 2423/88, which shall remain in force pending the completion of such
investigations.
Therefore, there is an urgent need to amend Articles 23 and 24 of the new Regulation to
clarify the situation and, in this respect, the Commission submits to the Council:
         a proposal to amend Articles 23 and 24 of the new Anti-Dumping Regulation.
1
  OJ No L 209. 2.8.1088. p 1
 ---pagebreak---                                    Council Réfutation (EC) No
          amending Regulation (EC) No 3213/94 on protection against dumped imports
                     from countries not members of the European Community
 THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European Community, and in particular Article 113
 thereof,
 Having regard to the proposal from the Commission,
Whereas by Regulation (EC) No 3283/94' the Council has adopted common rules for protection
 against dumped imports from countries which are not members of the European Community;
Whereas Article 23 of Regulation (EC) No 3283/94 repealed Regulation (EEC) No 2423/882, on
 protection against dumped or subsidised imports from countries which arc not members of the
 European Economic Community, as amended by Regulation (EC) No 521/94^ and Regulation
 (EC) No 522/944 ;
Whereas by its Article 24, Regulation (EC) No 3283/94 is applicable to proceedings and interim
 review investigations initiated after 1 September 1994 and to expiry review investigations for
which the notice of impending expiry of measures was published after that date;
Whereas it is, therefore, appropriate to amend Articles 23 and 24 of Regulation (EC) No 3283/94
in order to clarify the continuing applicability during a transitional period of Regulation (EEC) No
2423/88 to proceedings pending on 1 September 1994;
HAS ADOPTED THIS REGULATION:
1
   OJ No L 349, 31.12.94
2
  OJNoL209, 2.8.1988, p. 1
3
  OJNoL66, 10.3.1994, p.7
4
  OJNoL66, 10.3.1994, p. 10
 ---pagebreak---                                                   Article I
 1.       Article 23 of Regulation (EC) No 3283/94 shall be replaced by the following:
                                                '-'Articled
                         Repeal of existing legislation and transitional measures
   Regulation (EEC) No 2423/88 is hereby repealed, save that it shall continue to apply to
   proceedings in relation to which an investigation pending on 1 September 1994 has not been
   concluded by the date of entry into force of this Regulation, or in relation to which an expiry
   review investigation is initiated following the publication before 1 September 1994 of a notice of
   impending expiry. Regulation (EEC) No 2423/88 shall cease to apply to such proceedings
   following the conclusion of the investigation.
   References to Regulation (EEC) No 2423/88 shall be construed as references to this Regulation
   where appropriate."
2.        The second sentence of Article 24 of Regulation (EC) No 3283/94 shall be replaced by the
following:
   "It shall apply to proceedings to which Regulation (EEC) No 2423/88 does not apply."
                                                 Article!
This Regulation shall apply as from 1 January 1995
This Regulation shall be binding in its entirety and directly applicable in all Member States.
                                                        3>
 ---pagebreak---                                                                      ISSN 0254-1475
                                                                COM (95) 7 final
                                                      DOCUMENTS
EN                                                                         i l 02
                                 Catalogue number : CB-CO-95-009-EN-C
                                                             ISBN 92-77-84839-1
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