Decision 1986/813 - Council Decision 813/86/ECSC on protection against imports which are the subject of dumping between the EC of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply - Main contents

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Council Decision No 813/86/ECSC of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply

Official Journal L 078 , 24/03/1986 P. 0010 - 0018

Finnish special edition: Chapter 8 Volume 1 P. 0091

Swedish special edition: Chapter 8 Volume 1 P. 0091

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COUNCIL DECISION No 813/86/ECSC

of 14 March 1986

on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 380 thereof,

Having regard to the proposal from the Commission,

Whereas Article 380 of the Act of Accession of Spain and Portugal provides that the procedures for applying the Article shall be adopted by the Council upon accession;

Whereas it is necessary to interpret basic concepts such as dumping, normal value and injury and to lay down the procedures to be followed in the determination of dumping and the imposition of anti-dumping duties;

Whereas it is desirable that the rules for determining normal value should be presented clearly and in sufficient detail; whereas it should be specifically provided that where sales on the domestic market of the country of export or origin do not for any reason form a proper basis for determining the existence of dumping, recourse may be had to a constructed normal value; whereas it is appropriate to give examples of situations which may be considered as not representing the ordinary course of trade, in particular where a product is sold at prices which are less than the costs of production, or where transactions take place between parties which are associated or which have a compensatory arrangement; whereas it is appropriate to list the possible methods of determining normal value in such circumstances;

Whereas it is expedient to define the export price and to enumerate the necessary allowances to be made in those cases where reconstruction of this price from the first open-market price is deemed appropriate;

Whereas, for the purpose of ensuring a fair comparison between export price and normal value, it is advisable to establish guidelines for determining the allowances to be made in respect of differences in physical characteristics, in quantities, in conditions and terms of sale and to draw attention to the fact that the burden of proof falls on any person claiming such allowances;

Whereas the term 'dumping margin' should be clearly defined;

Whereas it is necessary to set out certain factors that may be relevant for the determination of injury;

Whereas it is necessary to lay down procedures for the lodging of complaints on behalf on an industry in the Community as constituted before 1 January 1986, hereinafter referred to as the 'Community of Ten', or in Spain or Portugal that considers itself injured or threatened by dumped imports originating from the Community of Ten or Spain and Portugal;

Whereas rules should be laid down for the lodging of complaints;

Whereas there should be cooperation between the Member States and the Commission both as regards information about the existence of dumping and injury resulting therefrom, and as regards the subsequent examination of the matter in these cases; whereas, to this end, consultations should take place with the Member States concerned;

Whereas it is appropriate to lay down clearly the procedure to be followed during investigations;

Whereas it should be made clear that, if information is to be treated as confidential, a request to that effect...

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