CELEX: 51973PC0424
Language: en
Date: 1973-03-21
Title: Amendments to the proposal for a Regulation (EEC) of the Council amending Council Regulation (EEC) No 459/68(1) on protection against dumping or the granting of bounties or subsidies by countries which are not members of the European Economic Community (Submitted to the Council by the Commission pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 424
Vol. 1973/0070
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THB EUROPEAN COMMUNITIES
                                                  COM(73)424 final
                                                  Brussels , 21 March 1973
                    Amendments to the proposal for a Regulation
                    ( EEC ) of the Council amending Council Regu­
                    lation (EEC) NO 459/68^ on protection
                    against dumping or the granting of bounties
                    or subsidies by countries which are not
                    members of the European Economic Community
                    ( Submitted to the Council by the Commission
                    pursuant to the second paragraph of Article
                    149 of the EEC Treaty)
   COF(73 ) 424 final
 ---pagebreak---                                      Explanatory memorandum
 On 31 May 1972 the Commission proposed, to the .Council a number of amendments
  1\     _     .- __  _ . .    /   v       r      _       - .  /ci
 ( ) to Council Regulation (EEC ) NO 459/68 of 5 April I968 ( ) on protection
 against dumping or the granting of "bounties or subsidies by countries whioh
 are not members of the EEC . The discussions in the Council on these amendments
– the main out- lines of whioh were approved by the majority of the
delegations – were interrupted in order to await , and then assess , the
results of the last meeting of the GATT Anti-dumping Committee . In the
intervening period , the Commission and experts from the Member States were
of the opinion that , in the light of oertain recent experiences , the
Regulation should be amended further . in three respects. (^)
The first concerns the operation of the . Advisory Committee set up under .
Articles 12 and 13 of the Regulation . Under those articles consultation .
presupposes a meeting of the oompetent experts , while this procedure has
proved satisfactory in the majority of cases , there are circumstances , -
when the questions involved are not such as to require             a thorough
airing in open discussion , in whioh it may be inappropriate to summon a
meeting of other relevant national specialists , who generally have a great
deal of other important business to attend to .
The Commission accordingly proposes that a written procedure be introduced ,
permitting simplified and rapid consultation and avoiding the cost and
inconvenience of the normal procedure . Such a procedure would however be
limited in scope and would be optional : thus any Member State would be
entitled , if it - BO desired , to call a full meeting of the Committee .
The second and third points relate to "undertakings entered into by
expo:rters M (hereinafter called "understandings ") for the purpose of ending
hatc-ful dmping praotioes . It should first be pointed out that such under­
                                                                     • • •! »♦ •
() Document C0M(72)620,~ 31 May 1972
(2 ) OJ Ko L 93 , 17 April 1968
( ) The proposed addition to article 12 providing that the proceedings of
     the Committee are to be treated as confidential has been discarded ,
     since such confidentiality is implioit in the nature of those
     proceedings , so that an express      provision to this effect could
     only raise doubts on the point .
 ---pagebreak--- standings have assumed, a great importance in Community practice .      Thus in seven
out of eight proceedings completed by the Commission to date under standings
were reached which dispensed with the necessity of introducing stronger
protective measures . Taking account of the importance these understandings
have assumed , it is essential that more detailed provisions "be drawn up to
regulate them , and that they "be given a more effective legal "basis .
The first omission of the Regulation concerns the case where the understanding
is repudiated or violated . Although it is true that in such a case a fresh
complaint may always be made pursuant to Articles 8 and 9 of the Regulation ,
it is quite clear that starting all the proceedings afresh would be cumbersome
and would cause further delays which might not suit the urgency of the situation .
It would therefore be desirable to give the Commission , which is responsible for
ensuring the observance of understandings ( which it does indirectly in particular
through regular reports from exporters ) , the power to re-commence immediately
its fresh examination of the facts , after having informed the Member States
accordingly. This would place understandings on a parallel with antidumping duties
for which both collection and penalty for infringement are automatic . Clearly ,
upon fresh examination of the facts , the proceeding would follow its normal course ,
in particular as regards the publication of the notice of proceedings in the
Official Journal of the European Communities .
A second lacuna appears in the Community practice as regards the operation of
understandings over a long period . It is in fact indispensable that provision be
made for the re-examination and , where necessary , adaptation of understandings ,
upon consideration both of their effect and of changes which may have arisen in
the conditions attaching to their application . As a procedure with a like aim is
already provided for tinder Article 18 of the Regulation as regards protective
measures this could , by analogy , be extended to cover matters relevant to the
operation of understandings .
For these reasons , the Commission proposes the following additional amendments
to the Regulation cited above .
 ---pagebreak---            Amendments to "the proposal for a Regulation (EBC) of the
           Council amending Council Regulation (EEC ) n° 459/68 on
           protection against dumping or the granting of bounties or
           subsidies by countries which are not members of the
                    European Economio Community
The following reoitals should be added after the last recital of the
original proposal :
Whereas it is desirable that a written pr-ooedure for consultation within the
Committee be introduced ;
Whereas undertakings by exporters to end dumping praticos harmful to Community
production have an important place in the practical application of the
Regulation ; whereas therefore it is essential that the Community take .
precautions against the breach or withdrawal of such undertakings ."by stipulating
that the Commission may re-commence examination of the facts a3 soon as it has
informed the Member States and that , whilst such understandings are in force ,
it should be possible , ; after consideration 'of their effect or of the conditions
attaching to their application , to review and , where niecessary , amend or
terminate them .
The following three Articles should be added after Article 5 of         original
proposal :
                                  ArtTcle
Article 12 of Regulation (EEC) N° 459/68 is amended by the addition of the
following paragraph 4 :
11 Where necessary , consultation may be in writing only ; in such case the
   Commission shall notify the Member States and shall specify a period within
   which they shall be entitled to express their opinions or to request an oral
   consultation , "
 ---pagebreak---                                   Article 5b
Article 14 ( 2 ) of the Regulation (SEC) n° 459/ 68 is amended by the addition
of the following sub-paragraph :
" ( d ) Where the Commission finds that the undertaking of exporters is being
  1 evaded or no longer observed or has been withdrawn and that , as a result ,
    protective measures might be necessary , it shall forthwith so inform
    the Member States and shall re-commence the examination of the facts
    in accordance with Article 10 . "
                                 Article Se
Article 18 of Regulation (EEC) n° 459/ yS is amended by the addition of
the following paragraph 3 J
" ( 3 ) This Article applies , by analogy , to undertakings given by
   exporters pursuant to Article 14 ( 2 )