Avis juridique important

Council Regulation (EEC) No 1411/77 of 27 June 1977 amending Regulation (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 Official Journal L 160 , 30/06/1977 P. 0004 - 0004

++++ COUNCIL REGULATION ( EEC ) NO 1411/77 OF 27 JUNE 1977 AMENDING REGULATION ( 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 THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 113 AND 227 THEREOF , HAVING REGARD TO THE REGULATIONS ESTABLISHING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND THE REGULATIONS ADOPTED UNDER ARTICLE 235 OF THE TREATY , APPLICABLE TO GOODS MANUFACTURED FROM AGRICULTURAL PRODUCTS , AND IN PARTICULAR THE PROVISIONS OF THOSE REGULATIONS WHICH ALLOW FOR DEROGATION FROM THE GENERAL PRINCIPLE THAT PROTECTIVE MEASURES AT FRONTIERS MAY BE REPLACED SOLELY BY THE MEASURES PROVIDED FOR IN THOSE REGULATIONS , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , WHEREAS THE TRANSITIONAL PERIOD PROVIDED FOR IN ARTICLE 133 OF THE ACT OF ACCESSION FOR THE INTRODUCTION BY IRELAND AND THE UNITED KINGDOM OF NATIONAL MEASURES AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY THIRD COUNTRIES EXPIRES ON 30 JUNE 1977 ; WHEREAS IT WILL BE NECESSARY TO REVIEW SUCH NATIONAL MEASURES AS ARE IN FORCE ON 30 JUNE 1977 IN ORDER TO EXAMINE THEIR EFFECTS AFTER THAT DATE AND TO ASCERTAIN WHETHER THE CONDITIONS FOR THEIR APPLICATION ARE SATISFIED ; WHEREAS ACCORDINGLY IT IS NOW NECESSARY TO EXTEND TO SUCH NATIONAL MEASURES THE PROVISIONS WITH RESPECT TO THE AMENDMENT OR REVOCATION OF ANTI-DUMPING MEASURES SET OUT IN ARTICLE 18 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 459/68 OF 5 APRIL 1968 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY THIRD COUNTRIES ( 1 ) , AS AMENDED BY REGULATION ( EEC ) NO 2011/73 ( 2 ) , HAS ADOPTED THIS REGULATION : ARTICLE 1 THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 18 ( 2 ) ( A ) OF REGULATION ( EEC ) 459/68 : " ( A ) WHERE MEASURES ARE ENFORCED UNDER ARTICLE 15 AND THE COUNCIL HAS TAKEN NO DECISION UNDER ARTICLE 16 OR 17 , OR WHERE MEASURES HAVE BEEN TAKEN UNDER THE TRANSITIONAL PROVISIONS OF THE ACT OF ACCESSION , THE COMMISSION SHALL ITSELF AMEND , OR REVOKE WITH OR WITHOUT RETROACTIVE EFFECT , THE MEASURES IN FORCE UNDER ARTICLE 15 OR INTRODUCED UNDER THE TRANSITIONAL PROVISIONS OF THE ACT OF ACCESSION AND SHALL IMMEDIATELY REPORT ON THIS TO THE COUNCIL ; THE LATTER MAY , ACTING BY A QUALIFIED MAJORITY , DECIDE THAT DIFFERENT ACTION BE TAKEN ; " . ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1977 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT LUXEMBOURG , 27 JUNE 1977 . FOR THE COUNCIL THE PRESIDENT J . SILKIN ( 1 ) OJ NO L 93 , 17 . 4 . 1968 , P . 1 . ( 2 ) OJ NO L 206 , 27 . 7 . 1973 , P . 3 .

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COUNCIL REGULATION ( EEC ) NO 1411/77

OF 27 JUNE 1977

AMENDING REGULATION ( 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

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 113 AND 227 THEREOF ,

HAVING REGARD TO THE REGULATIONS ESTABLISHING THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS AND THE REGULATIONS ADOPTED UNDER ARTICLE 235 OF THE TREATY , APPLICABLE TO GOODS MANUFACTURED FROM AGRICULTURAL PRODUCTS , AND IN PARTICULAR THE PROVISIONS OF THOSE REGULATIONS WHICH ALLOW FOR DEROGATION FROM THE GENERAL PRINCIPLE THAT PROTECTIVE MEASURES AT FRONTIERS MAY BE REPLACED SOLELY BY THE MEASURES PROVIDED FOR IN THOSE REGULATIONS ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS THE TRANSITIONAL PERIOD PROVIDED FOR IN ARTICLE 133 OF THE ACT OF ACCESSION FOR THE INTRODUCTION BY IRELAND AND THE UNITED KINGDOM OF NATIONAL MEASURES AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY THIRD COUNTRIES EXPIRES ON 30 JUNE 1977 ;

WHEREAS IT WILL BE NECESSARY TO REVIEW SUCH NATIONAL MEASURES AS ARE IN FORCE ON 30 JUNE 1977 IN ORDER TO EXAMINE THEIR EFFECTS AFTER THAT DATE AND TO ASCERTAIN WHETHER THE CONDITIONS FOR THEIR APPLICATION ARE SATISFIED ;

WHEREAS ACCORDINGLY IT IS NOW NECESSARY TO EXTEND TO SUCH NATIONAL MEASURES THE PROVISIONS WITH RESPECT TO THE AMENDMENT OR REVOCATION OF ANTI-DUMPING MEASURES SET OUT IN ARTICLE 18 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 459/68 OF 5 APRIL 1968 ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY THIRD COUNTRIES ( 1 ) , AS AMENDED BY REGULATION ( EEC ) NO 2011/73 ( 2 ) ,

HAS ADOPTED THIS REGULATION :

THE FOLLOWING SHALL BE SUBSTITUTED FOR ARTICLE 18 ( 2 ) ( A ) OF REGULATION ( EEC ) 459/68 :

" ( A ) WHERE MEASURES ARE ENFORCED UNDER ARTICLE 15 AND THE COUNCIL HAS TAKEN NO DECISION UNDER ARTICLE 16 OR 17 , OR WHERE MEASURES HAVE BEEN TAKEN UNDER THE TRANSITIONAL PROVISIONS OF THE ACT OF ACCESSION , THE COMMISSION SHALL ITSELF AMEND , OR REVOKE WITH OR WITHOUT RETROACTIVE EFFECT , THE MEASURES IN FORCE UNDER ARTICLE 15 OR INTRODUCED UNDER THE TRANSITIONAL PROVISIONS OF THE ACT OF ACCESSION AND SHALL IMMEDIATELY REPORT ON THIS TO THE COUNCIL ; THE LATTER MAY , ACTING BY A QUALIFIED MAJORITY , DECIDE THAT DIFFERENT ACTION BE TAKEN ; " .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1977 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 27 JUNE 1977 .

FOR THE COUNCIL

THE PRESIDENT

J . SILKIN

( 1 ) OJ NO L 93 , 17 . 4 . 1968 , P . 1 .

( 2 ) OJ NO L 206 , 27 . 7 . 1973 , P . 3 .