Council Regulation (EC) No 427/2003 of 3 March 2003 on a transitional product-specific safeguard mechanism for imports originating in the People's Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries
Modified by
Council Regulation (EC) No 1985/2003of 10 November 2003amending Regulation (EC) No 427/2003 on a transitional product-specific safeguard mechanism for imports originating in the People's Republic of China, 32003R1985, November 13, 2003
Regulation (EU) No 37/2014 of the European Parliament and of the Councilof 15 January 2014amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures, 32014R0037, January 21, 2014
Regulation (EU) 2015/755 of the European Parliament and of the Councilof 29 April 2015on common rules for imports from certain third countries(recast), 32015R0755, May 19, 2015
Council Regulation (EC) No 427/2003of 3 March 2003on a transitional product-specific safeguard mechanism for imports originating in the People's Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countriesTHE 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 3285/94OJ L 349, 31.12.1994, p. 53; Regulation as last amended by Regulation (EC) No 2474/2000 (OJ L 286, 11.11.2000, p. 1). the Council adopted common rules for imports which contain provisions on safeguard measures.(2)By Regulation (EC) No 519/94OJ L 67, 10.03.1994, p. 89; Regulation as last amended by Regulation (EC) No 1138/98 (OJ L 159, 3.6.1998, p. 1). the Council adopted common rules for imports from certain third countries which also contain provisions on safeguard measures.(3)The Protocol on the Accession of the People's Republic of China (hereinafter referred to as "China") to the World Trade Organisation (hereinafter referred to as "the Protocol") provides for product-specific transitional safeguard measures (hereinafter referred to as "safeguard measures") and product-specific transitional trade diversion measures (hereinafter referred to as "trade diversion measures").(4)The Protocol entered into force on 11 December 2001.(5)In view of the considerable difference between the provisions on safeguard measures contained in the Protocol on the one hand and in Council Regulation (EC) No 519/94 and Council Regulation (EC) No 3285/94 on the other hand, it is necessary to have a specific Regulation for safeguard measures and trade diversion measures on certain imports originating in China.(6)According to the Protocol, safeguard measures may be imposed when products of Chinese origin are being imported into the Community in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the Community industry.(7)Market disruption shall exist whenever imports of a product are increasing rapidly so as to be a significant cause of material injury or threat of material injury to the Community industry.(8)It seems necessary to illustrate which factors have to be taken into consideration for the determination of market disruption.(9)The Protocol provides for the imposition of trade diversion measures in situations where an action by China or another member of the World Trade Organisation (hereinafter referred to as "WTO") taken to prevent or remedy market disruption in that WTO member's market causes or threatens to cause an increase in imports of a product originating in China into the Community.(10)It is appropriate to lay down guidance as to the factors which may be relevant for determining whether trade diversion has taken place.(11)It is advisable to define the term "Community industry".(12)It is upon a request by a Member State or the Commission that a safeguard or trade diversion investigation is initiated; it is necessary to limit the possibility of initiating an investigation concerning safeguard measures on the same subject matter before the lapse of one year after the completion of a previous investigation; there should be no such limitation concerning trade diversion measures.(13)It is necessary to lay down the manner in which interested parties should be given notice of the information which the Community authorities require, and should have ample opportunity to present all relevant evidence and to defend their interests; it is also desirable to set out clearly the rules and procedures to be followed during the investigation, in particular the rules whereby interested parties are to make themselves known, present their views and submit information within specified time limits, if such views and information are to be taken into account; it is also appropriate to set out the conditions under which an interested party may have access to, and comment on, information presented by other interested parties.(14)It is necessary to lay down the conditions under which provisional measures may exceptionally be imposed, including that such measures may be imposed by the Commission and only for a period of 200 days.(15)The Protocol requires that definitive measures may only be imposed 60 days after the receipt of a request for consultations by China and if such consultations have not led to a mutually satisfactory solution.(16)It seems advisable to foresee — under certain conditions and provided that the operation of the internal market is not disrupted — the possibility of imposing measures limited to one or several Member States.(17)It seems appropriate to provide that safeguard measures are to lapse after four years unless a review indicates that they should be maintained.(18)It is advisable to provide for interim reviews, in cases where a Member State or the Commission request to examine the effects of a safeguard or trade diversion measure and the necessity to maintain the measure.(19)It is necessary to provide for a review of a trade diversion measure when the WTO member taking an action to address market disruption notified the WTO Committee on Safeguards of any modification of the action.(20)It is expedient to permit the suspension of safeguard and trade diversion measures where there is a temporary change in market conditions which makes the continued imposition of measures temporarily inappropriate.(21)In order to ensure proper enforcement of measures, it is necessary that Member States monitor, and report to the Commission, the import trade of products subject to investigation or subject to measures and also the amount of duties collected under this Regulation, where applicable.(22)It is also necessary to provide for consultation of an Advisory Committee at regular and specified stages of the investigation. That Committee should consist of representatives of Member States with a representative of the Commission as chairman. Pursuant to recital 12 of Council Decision 1999/468/ECOJ L 184, 17.7.1999, p. 23., the Advisory Committee does not fall under the scope of application of the abovementioned Council Decision.(23)It is expedient to provide for verification visits to check information submitted on trends in import volumes and market disruption, such visits being, however, conditional on proper replies to questionnaires being received.(24)Provision should be made for the treatment of confidential information so that business or governmental secrets are not divulged.(25)It is essential that provision be made for proper disclosure of essential facts and considerations to parties which qualify for such treatment and that such disclosure be made, with due regard to the decision-making process in the Community, within a time period which permits parties to defend their interests.(26)It is prudent to provide for an administrative system under which arguments can be presented as to whether measures are in the Community interest, including the interests of consumers, and to lay down the time periods within which such information has to be presented as well as the disclosure rights of the parties concerned.(27)The Report of the Working Parties on the Accession of China to the WTO (hereinafter referred to as "the Report") provides for a gradual phasing out of the non-textile quotas which the Community maintains vis-à-vis some products of Chinese origin.(28)It is therefore appropriate to repeal Annex II to Regulation (EC) No 519/94 to reflect this phasing out.(29)It is appropriate to increase the quantities already allocated through import licences for 2002 and 2003 in order to take into account the increase foreseen in the phasing-out timetable.(30)It is appropriate to remove from surveillance measures those Chinese products currently covered and listed in Annex III to Regulation (EC) No 519/94, which should be repealed.(31)It is appropriate to remove from Annex I to Regulation (EC) No 519/94 those countries who have become members of the WTO and to delegate to the Commission the responsibility for updating the Annex.(32)It is appropriate, in view of the continued existence of quotas with regard to certain products of Chinese origin, to exclude the application of the provisions concerning safeguard and trade diversion measures for such products during the period of application of these quotas.(33)The Protocol provides for the expiry of the section related to safeguard and trade diversion measures 12 years after the entry into force of the Protocol; it is therefore necessary to determine that any measures taken under this Regulation shall expire at the latest on 11 December 2013,HAS ADOPTED THIS REGULATION: