Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters

Council Regulation (EC) No 1515/2001
of 23 July 2001
on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) By Regulation (EC) No 384/96(1), the Council adopted common rules for protection against dumped imports from countries which are not members of the European Community.
(2) By Regulation (EC) No 2026/97(2) the Council adopted common rules for protection against subsidised imports from countries which are not members of the European Community.
(3) Under the Marrakesh Agreement establishing the World Trade Organisation ("WTO"), an Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") was reached. Pursuant to the DSU, the Dispute Settlement Body ("DSB") was established.
(4) With a view to permitting the Community, where it considers this appropriate, to bring a measure taken under Regulation (EC) No 384/96 or Regulation (EC) No 2026/97 into conformity with the recommendations and rulings contained in a report adopted by the DSB, specific provisions must be introduced.
(5) The Community institutions may consider it appropriate to repeal, amend or adopt any other special measures with respect to measures taken under Regulation (EC) No 384/96 or Regulation (EC) No 2026/97, including measures which have not been the subject of dispute settlement under the DSU, in order to take account of the legal interpretations made in a report adopted by the DSB. In addition, the Community institutions should be able, where appropriate, to suspend or review such measures.
(6) Recourse to the DSU is not subject to time limits. The recommendations in reports adopted by the DSB only have prospective effect. Consequently, it is appropriate to specify that any measures taken under this Regulation will take effect from the date of their entry into force, unless otherwise specified, and, therefore, do not provide any basis for the reimbursement of the duties collected prior to that date,