CELEX: 51996PC0145
Language: en
Date: 1996-04-10
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community

Avis juridique important

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51996PC0145

Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community  /* COM/96/0145 FINAL - ACC 96/0103 */  

Official Journal C 159 , 04/06/1996 P. 0006

Proposal for a Council Regulation (EC) amending Regulation  (EC) No 384/96 on protection against dumped imports from countries not members of the European  Community(96/C  159/05)COM(96) 145 final - 96/0103(ACC)(Submitted by the Commission on 11  april 1996)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, Having regard to the opinion of the European Parliament, Whereas by Regulation (EC) No 384/96  (1) the Council has adopted common rules for protection  against dumped imports from countries which are not members of the European Community; Whereas paragraph 10 of Article 2 of Regulation (EC) No 384/96 provides for a limited number of  allowances which can be made to the normal value and export prices before these are compared to  establish whether dumping is taking place; whereas since it is conceivable that differences in  selling expenses, other than those listed in the said Regulation, may in certain circumstances  affect price comparability, it is prudent to eliminate the exclusive nature of this provision in  relation to allowances; Whereas it is also appropriate to clarify the requirements for an adjustment for differences in  levels of trade when information on price effects for two levels of trade does not exist for the  market concerned or when, despite prices being at the same level, an adjustment may be appropriate  for expenses, such as advertising, which in certain circumstances may be more suitably allocated to  other levels of trade, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 384/96 shall be amended as follows: 1. Subparagraph (d) of Article 2 (10) shall be replaced by the following: '(d) Level of tradeAn adjustment for differences in levels of trade, including any differences  which may arise in OEM (original equipment manufacturer) sales, shall be granted where, in relation  to the distribution chain in both markets, it is shown that the export price, including a  constructed export price, is at a different level of trade to the normal value. An effect on price  comparability must be demonstrated by evidence which confirms a clear distinction between the  prices for the different levels of trade on the domestic market of the exporting country. However,  where information relating to such price effects does not exist for that market, or where certain  functions are shown to relate to levels of trade other than those which are to be compared, a  special adjustment may be granted.`; 2. The following subparagraph (k) shall be added after Article 2 (10) (j): '(k) Other factorsAn adjustment may also be made for differences in other factors provided it is  demonstrated that they affect price comparability as required under this paragraph, in particular  that customers take account of such differences on their own market by agreeing to prices which are  distinct from those agreed on the same market when there are no such differences.`. Article 2 This Regulation shall apply to proceedings initiated after 1 January 1996. This Regulation shall be binding in its entirety and directly applicable in all  Member States.(1) OJ No L 56, 6. 3. 1996, p. 1.