Avis juridique important

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31977K0329

77/329/ECSC: Commission Recommendation of 15 April 1977 on protection against dumping or the granting of bounties or subsidies by countries which are not members of the European Coal and Steel Community

Official Journal L 114 , 05/05/1977 P. 0006 - 0014

++++COMMISSION RECOMMENDATION  OF 15 APRIL 1977  ON PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE EUROPEAN COAL AND STEEL COMMUNITY   ( 77/329/ECSC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLES 74 AND 86 THEREOF ,  WHEREAS BY VIRTUE OF ARTICLE 74 OF THE TREATY THE COMMISSION IS EMPOWERED , IN CASES OF DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE COMMUNITY , TO TAKE ANY MEASURES WHICH ARE IN ACCORDANCE WITH THE TREATY AND TO MAKE ANY NECESSARY RECOMMENDATIONS TO MEMBER STATES ;  WHEREAS BY VIRTUE OF ARTICLE 86 OF THE TREATY THE MEMBER STATES HAVE UNDERTAKEN TO FACILITATE THE PERFORMANCE OF THE COMMUNITY'S TASKS ;  WHEREAS , IN VIEW OF THE EXISTENCE OF A COMMON MARKET IN COAL AND STEEL , THE TAKING OF RATIONAL MEASURES WOULD NOT IN GENERAL , AND EVEN IN THE CASE OF MUTUAL COOPERATION , CONSTITUTE AN EFFECTIVE AND ADEQUATE PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BUT WOULD , ON THE CONTRATY , ENTAIL A RISK OF HINDERING THE WORKING OF THE COMMON MARKET AND OF COMPROMISING ITS ACHIEVEMENTS , AND IN PARTICULAR THE UNIFIED CUSTOMS TARIFF APPLICABLE TO THIRD COUNTRIES ;  WHEREAS , THEREFORE , THE COMMISSION WILL NORMALLY USE THE POWERS GIVEN TO IT UNDER ARTICLE 74 AND WILL , IN SUITABLE CASES , RECOMMEND COMMUNITY DEFENSIVE MEASURES ;  WHEREAS TO ENABLE THE COMMISSION TO EXERCISE ITS POWERS RAPIDLY AND EFFECTIVELY IT IS NECESSARY TO ESTABLISH CERTAIN RULES OF PROCEDURE AND TO ORGANIZE THE COOPERATION WITH THE MEMBER STATES ;  WHEREAS WITH A VIEW BOTH TO AVOIDING CONTRADICTIONS BETWEEN THE ACTIONS OF THE COMMISSION AND THOSE OF THE MEMBER STATES AND TO ENSURING THAT , IN CASES WHERE THERE IS NO COMMUNITY INTEREST INVOLVED , MEMBER STATES CAN TAKE APPROPRIATE MEASURES TO PROTECT A NATIONAL INDUSTRY , IT IS NECESSARY TO PROVIDE THAT , IN THE ABSENCE OF COMMUNITY ACTION , NATIONAL INVESTIGATIONS AND PROTECTIVE MEASURES MAY BE INITIATED , AFTER CONSULTATION ;  WHEREAS , FOR THE EUROPEAN ECONOMIC COMMUNITY , PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS IS GOVERNED BY REGULATION ( EEC ) NO 459/68 ( 1 ) , AS AMENDED BY REGULATION ( EEC ) NO 2011/73 ( 2 ) ; WHEREAS IT IS APPROPRIATE TO ENSURE THAT THE LEGISLATION GOVERNING ESTERNAL TRADE SHOULD BE AS HOMOGENEOUS AS POSSIBLE IN THE TWO COMMUNITIES ; WHEREAS , THEREFORE , IT IS APPROPRIATE TO PROVIDE FOR ANALOGOUS APPLICATION TO COAL AND STEEL PRODUCTS OF THE PRINCIPLES AND DEFINITIONS CONTAINED IN REGULATION ( EEC ) NO 459/68 , IN ITS PRESENT VERSION , WHICH MOREOVER RESULT FROM THE INTERNATIONAL OBLIGATIONS OF THE TWO COMMUNITIES AND THEIR MEMBER STATES ;  WHEREAS RULES OF PROCEDURE SHOULD BE ESTABLISHED WHICH TAKE ACCOUNT OF THE DIFFERENT CONCEPTIONS OF THE TWO TREATIES , BUT WHICH , NEVERTHELESS , ARE AS CLOSE AS POSSIBLE TO THE PROVISIONS OF REGULATION ( EEC ) NO 459/68 , AS AMENDED ,  MAKES THE FOLLOWING RECOMMENDATION :  ARTICLE 1  THE PROVISIONS OF THIS RECOMMENDATION SHALL APPLY FOR THE PURPOSE OF PROTECTION AGAINST DUMPING OR THE GRANTING OF BOUNTIES OR SUBSIDIES BY COUNTRIES WHICH ARE NOT MEMBERS OF THE COMMUNITY , IN RESPECT OF PRODUCTS COVERED BY THE TREATY ESTABLISHING THE ECSC . THEY SHALL NOT DEROGATE FROM ANY SPECIAL RULES LAID DOWN IN AGREEMENTS CONCLUDED WITH SUCH COUNTRIES .  TITLE I  DUMPING AND ANTI-DUMPING MEASURES  ARTICLE 2  1 . AN ANTI-DUMPING DUTY MAY BE APPLIED TO ANY DUMPED PRODUCT WHOSE INTRODUCTION INTO COMMUNITY COMMERCE CAUSES , OR THREATENS TO CAUSE , MATERIAL INJURY TO AN ESTABLISHED COMMUNITY INDUSTRY OR MATERIALLY RETARDS THE SETTING UP OF AN INDUSTRY WHOSE EARLY ESTABLISHMENT IN THE COMMUNITY IS ENVISAGED .  2 . WHERE IN THIS RECOMMENDATION THE TERM " INJURY " IS USED WITHOUT QUALIFICATION , IT SHALL BE INTERPRETED AS REFERRING TO THE THREE CASES MENTIONED ABOVE .  ARTICLE 3  1 . ( A ) A PRODUCT INTRODUCED INTO COMMUNITY COMMERCE SHALL BE CONSIDERED TO HAVE BEEN DUMPED IF THE PRICE OF THE PRODUCT WHEN EXPORTED TO THE COMMUNITY IS LESS THAN THE COMPARABLE PRICE , IN THE ORDINARY COURSE OF TRADE , OF THE LIKE PRODUCT WITHIN THE MEANING OF ARTICLE 5 WHEN DESTINED FOR CONSUMPTION IN THE EXPORTING COUNTRY OF ORIGIN .   ( B ) WHERE A PRODUCT IS NOT IMPORTED DIRECTLY FROM THE COUNTRY OF ORIGIN BUT IS EXPORTED TO THE COMMUNITY FROM AN INTERMEDIATE COUNTRY , THE PRICES TO BE COMPARED FOR THE PURPOSE OF DETERMINING WHETHER DUMPING WITHIN THE MEANING OF THIS PARAGRAPH HAS OCCURRED SHALL NORMALLY BE THE PRICE OF THE PRODUCT WHEN EXPORTED TO THE COMMUNITY AND THE COMPARABLE PRICE OF THE LIKE PRODUCT ON THE DOMESTIC MARKET OF THE COUNTRY OF EXPORT .  HOWEVER , COMPARISON MAY BE MADE WITH THE PRICE IN THE COUNTRY OF ORIGIN IF , FOR EXAMPLE , THE PRODUCT IS MERELY TRANSHIPPED THROUGH THE COUNTRY OF EXPORT OR SUCH PRODUCTS ARE NOT PRODUCED IN THE COUNTRY OF EXPORT , OR THERE IS NO COMPARABLE PRICE FOR IT IN THE COUNTRY OF EXPORT .  2 . WHEN THERE ARE NO SALES OF THE LIKE PRODUCT IN THE ORDINARY COURSE OF TRADE IN THE DOMESTIC MARKET OF THE EXPORTING COUNTRY OR WHEN , BECAUSE OF THE PARTICULAR MARKET SITUATION , SUCH SALES DO NOT PERMIT A PROPER COMPARISON , A PRODUCT SHALL BE CONSIDERED TO HAVE BEEN DUMPED IF THE PRICE OF THE PRODUCT WHEN EXPORTED TO THE COMMUNITY IS LESS THAN :   - THE COMPARABLE PRICE OF THE LIKE PRODUCT WHEN EXPORTED TO ANY THIRD COUNTRY , WHICH MAY BE THE HIGHEST SUCH EXPORT PRICE BUT SHOULD BE A REPRESENTATIVE PRICE ; OR   - THE COST OF PRODUCTION IN THE COUNTRY OF ORIGIN PLUS A REASONABLE AMOUNT FOR ADMINISTRATION , SELLING AND ANY OTHER COSTS AND FOR PROFITS ; AS A GENERAL RULE , THE ADDITION FOR PROFIT SHALL NOT EXCEED THE PROFIT NORMALLY REALIZED ON SALES OF PRODUCTS OF THE SAME GENERAL CATEGORY IN THE DOMESTIC MARKET OF THE COUNTRY OF ORIGIN .  3 . IN CASES WHERE THERE IS NO EXPORT PRICE OR , WHERE IT APPEARS THAT THE EXPORT PRICE IS UNRELIABLE BECAUSE OF ASSOCIATION OR A COMPENSATORY ARRANGEMENT BETWEEN THE EXPORTER AND THE IMPORTER OR A THIRD PARTY , THE EXPORT PRICE MAY , FOR THE PURPOSES OF PARAGRAPHS 1 AND 2 , BE CONSTRUCTED ON THE BASIS OF THE PRICE AT WHICH THE IMPORTED PRODUCT IS FIRST RESOLD TO AN INDEPENDENT BUYER , OR IF THE PRODUCT IS NOT RESOLD TO AN INDEPENDENT BUYER , OR NOT RESOLD IN THE CONDITION IMPORTED , ON ANY REASONABLE BASIS .  4 . ( A ) THE COMPARISON BETWEEN THE EXPORT PRICE AND THE DOMESTIC PRICE IN THE COUNTRY OF ORIGIN OR THE EXPORTING COUNTRY OR , IF APPLICABLE , THE PRICE OF THE PRODUCT WHEN SOLD TO A THIRD COUNTRY , OR THE COST OF PRODUCTION REFERRED TO IN PARAGRAPH 2 , SHALL BE BASED ON THE PRICES RULING AT THE SAME LEVEL OF TRADE , NORMALLY AT THE EX-FACTORY LEVEL , AND IN RESPECT OF SALES MADE AS NEARLY AS POSSIBLE AT THE SAME TIME .   ( B ) DUE ALLOWANCE SHALL BE MADE IN EACH CASE , ON ITS MERITS , FOR THE DIFFERENCES IN CONDITIONS AND TERMS OF SALE , FOR THE DIFFERENCES IN TAXATION , AND FOR THE OTHER DIFFERENCES AFFECTING PRICES COMPARABILITY . IN THE CASES REFERRED TO IN PARAGRAPH 3 , ALLOWANCE FOR COSTS INCURRED BETWEEN IMPORTATION AND RESALE , AND FOR PROFITS ACCRUING , SHOULD ALSO BE MADE .  5 . NO PRODUCT SHALL BE CONSIDERED TO HAVE BEEN DUMPED BY REASON OF THE EXEMPTION OF SUCH PRODUCT FROM DUTIES OR TAXES BORNE BY THE LIKE PRODUCT WHEN DESTINED FOR CONSUMPTION IN THE COUNTRY OF ORIGIN OR EXPORTATION , OR BY REASON OF THE REFUND OF SUCH DUTIES OR TAXES .  6 . IN THE CASE OF IMPORTS FROM COUNTRIES WHERE TRADE IS ON A BASIS OF NEAR OR TOTAL MONOPOLY AND WHERE DOMESTIC PRICES ARE FIXED BY THE STATE , ACCOUNT MAY BE TAKEN OF THE FACT THAT AN EXACT COMPARISON BETWEEN THE EXPORT PRICE OF A PRODUCT TO THE COMMUNITY AND THE DOMESTIC PRICES IN THAT COUNTRY MAY NOT ALWAYS BE APPROPRIATE , SINCE IN SUCH CASES SPECIAL DIFFICULTIES MAY ARISE IN DETERMINING THE COMPARABILITY OF PRICES .  7 . " MARGIN OF DUMPING " MEANS THE PRICE DIFFERENCE DETERMINED IN ACCORDANCE WITH THE FOREGOING PROVISIONS .  ARTICLE 4  1 . ( A ) A DETERMINATION OF INJURY SHALL BE MADE ONLY , WHEN THE DUMPED IMPORTS ARE DEMONSTRABLY THE PRINCIPAL CAUSE OF SUCH INJURY . FOR THE PURPOSE OF ESTABLISHING WHETHER INJURY EXISTS , THE CONSEQUENCES OF THE DUMPING POSITIVELY FOUND TO BE AS SUCH SHALL BE WEIGHED AGAINST ALL OTHER FACTORS TAKEN TOGETHER WHICH MAY BE ADVERSELY AFFECTING THE COMMUNITY INDUSTRY IN QUESTION .   ( B ) A DETERMINATION OF THREAT OF INJURY SHALL BE BASED ON FACTS AND NOT MERELY ON ALLEGATION , CONJECTURE OR REMOTE POSSIBILITY . THE CHANGE IN CIRCUMSTANCES WHICH WOULD CREATE A SITUATION IN WHICH DUMPING WOULD CAUSE INJURY MUST BE CLEARLY FORESEEN AND IMMINENT .  2 . THE EVALUATION OF INJURY SHALL BE BASED ON EXAMINATION OF ALL FACTORS HAVING A BEARING ON THE STATES OF THE INDUSTRY IN QUESTION , SUCH AS DEVELOPMENTS AND PROSPECTS WITH REGARD TO TURNOVER , MARKET SHARE , PROFITS , PRICES ( INCLUDING THE EXTENT TO WHICH THE DELIVERED , DUTY-PAID PRICE IS LOWER OR HIGHER THAN THE MOST REPRESENTATIVE COMPARABLE PRICE OF THE LIKE PRODUCT PREVAILING IN THE ORDINARY COURSE OF TRADE WITHIN THE COMMUNITY ) , EXPORT PERFORMANCE , EMPLOYMENT , VOLUME OF DUMPED AND OTHER IMPORTS , UTILIZATION OF CAPACITY OF COMMUNITY INDUSTRY , PRODUCTIVITY ; AND RESTRICTIVE TRADE PRACTICES . NO ONE OR SEVERAL OF THESE FACTORS CAN NECESSARILY GIVE DECISIVE GUIDANCE .  3 . IN ORDER TO ESTABLISH WHETHER DUMPED IMPORTS ARE CAUSING INJURY , ALL OTHER FACTORS WHICH INDIVIDUALLY OR IN COMBINATION MAY BE ADVERSELY AFFECTING THE COMMUNITY INDUSTRY SHALL BE EXAMINED . THE FACTORS TO BE CONSIDERED ARE , AMONG OTHERS , THE VOLUME AND PRICES OF UNDUMPED IMPORTS OF THE PRODUCT IN QUESTION , COMPETITION BETWEEN THE COMMUNITY PRODUCERS THEMSELVES , CONTRACTION IN DEMAND DUE TO SUBSTITUTION OF OTHER PRODUCTS OR TO CHANGES IN CONSUMER TASTES .  4 . THE EFFECT OF THE DUMPED IMPORTS SHALL BE ASSESSED IN RELATION TO THE COMMUNITY PRODUCTION OF THE LIKE PRODUCT WHEN AVAILABLE DATA PERMIT THE SEPARATE IDENTIFICATION OF PRODUCTION ON THE BASIS OF SUCH CRITERIA AS THE PRODUCTION PROCESS , THE PRODUCERS' REALIZATIONS AND PROFITS . WHEN THE COMMUNITY PRODUCTION OF THE LIKE PRODUCT HAS NO SEPARATE IDENTITY IN THESE TERMS THE EFFECT OF THE DUMPED IMPORTS SHALL BE ASSESSED BY THE EXAMINATION OF THE PRODUCTION OF THE NARROWEST GROUP OR RANGE OF PRODUCTS WHICH INCLUDES THE LIKE PRODUCT FOR WHICH THE NECESSARY INFORMATION CAN BE OBTAINED .  5 . ( A ) FOR THE PURPOSES OF THIS TITLE , THE TERM  " COMMUNITY INDUSTRY " SHALL BE INTERPRETED AS REFERRING TO THE COMMUNITY PRODUCERS AS A WHOLE OF THE LIKE PRODUCTS OR TO THOSE OF THEM WHOSE COLLECTIVE OUTPUT OF THE PRODUCTS CONSTITUTES A MAJOR PROPORTION OF THE TOTAL COMMUNITY PRODUCTION OF THOSE PRODUCTS EXCEPT THAT :   - WHEN PRODUCERS ARE ALSO IMPORTERS OF THE ALLEGEDLY DUMPED PRODUCT THE TERM  " COMMUNITY INDUSTRY " MAY BE INTERPRETED AS REFERRING ONLY TO THE REST OF THE PRODUCERS ;   - IN EXCEPTIONAL CIRCUMSTANCES THE COMMUNITY MAY , FOR THE PRODUCT IN QUESTION , BE DIVIDED INTO TWO OR MORE COMPETITIVE MARKETS AND THE PRODUCERS WITHIN EACH MARKET REGARDED AS A COMMUNITY INDUSTRY , IF , BECAUSE OF TRANSPORT COSTS , ALL THE PRODUCERS WITHIN SUCH A MARKET SELL ALL OR ALMOST ALL THEIR PRODUCTION OF THE PRODUCT IN QUESTION IN THAT MARKET AND NONE , OR ALMOST NONE , OF THE PRODUCT IN QUESTION PRODUCED ELSEWHERE IN THE COMMUNITY IS SOLD IN THAT MARKET OR IF THERE EXIST SPECIAL REGIONAL MARKETING CONDITIONS WHICH RESULT IN AN EQUAL DEGREE OF ISOLATION OF THE PRODUCERS IN SUCH A MARKET FROM THE REST OF THE INDUSTRY , PROVIDED , HOWEVER , THAT INJURY MAY BE FOUND IN SUCH CIRCUMSTANCES ONLY IF THERE IS INJURY TO ALL OR ALMOST ALL OF THE TOTAL PRODUCTION OF THE PRODUCT IN THE MARKET AS DEFINED .   ( B ) THE PROVISIONS OF PARAGRAPH 4 SHALL BE APPLICABLE TO THIS PARAGRAPH .  ARTICLE 5  FOR THE PURPOSES OF THIS TITLE , THE TERM " LIKE PRODUCT " SHALL BE INTERPRETED TO MEAN A PRODUCT WHICH IS IDENTICAL , I.E . ALIKE IN ALL RESPECTS , TO THE PRODUCT UNDER CONSIDERATION , OR IN THE ABSENCE OF SUCH PRODUCT , ANOTHER PRODUCT WHICH HAS CHARACTERISTICS CLOSELY RESEMBLING THOSE OF THE PRODUCT UNDER CONSIDERATION .  ARTICLE 6  1 . ANY NATURAL OR LEGAL PERSON , OR ANY ASSOCIATION NOT HAVING LEGAL PERSONALITY , ACTING ON BEHALF OF A COMMUNITY INDUSTRY WHICH CONSIDERS ITSELF INJURED OR THREATENED BY DUMPING MAY LODGE A COMPLAINT , WHICH SHALL FULFIL THE CONDITIONS SET OUT BELOW . SUCH COMPLAINTS SHALL BE SUBMITTED IN WRITING .  2 . THE COMPLAINT SHALL BE SUBMITTED EITHER TO THE COMMISSION OR TO THE MEMBER STATE IN WHICH THE COMMUNITY INDUSTRY IN QUESTION IS CARRIED ON , IRRESPECTIVE OF WHICH MEMBER STATE MAY BE AFFECTED BY THE DUMPING COMPLAINED OF . A COPY OF THE COMPLAINT SHALL BE SENT TO THE COMMISSION BY EACH MEMBER STATE RECEIVING SUCH COMPLAINT . IF A COMPLAINT IS SUBMITTED TO THE COMMISSION , THE LATTER SHALL FORWARD IT TO THE MEMBER STATE FORTHWITH .  ARTICLE 7  THE COMPLAINT SHALL GIVE :   ( A ) A DESCRIPTION OF THE ALLEGEDLY DUMPED PRODUCT ;   ( B ) THE NAME OF THE EXPORTING COUNTRY ;   ( C ) WHERE POSSIBLE , THE NAMES OF THE COUNTRY OF ORIGIN , THE PRODUCER AND THE EXPORTER OF THE PRODUCT IN QUESTION ;   ( D ) EVIDENCE BOTH OF DUMPING AND OF INJURY RESULTING THEREFROM FOR THE INDUSTRY WHICH CONSIDERS ITSELF INJURED OR THREATENED .  ARTICLE 8  1 . WHERE A MEMBER STATE IS SATISFIED THAT A COMPLAINT CONTAINS THE PARTICULARS SPECIFIED IN ARTICLE 7 , IT SHALL AT ONCE INFORM THE COMMISSION , EITHER BY LETTER OR ORALLY DURING THE CONSULTATIONS PROVIDED FOR IN ARTICLE 10 . IT SHALL FORWARD TO THE COMMISSION ANY OTHER INFORMATION IT CONSIDERS NECESSARY FOR AN EXAMINATION OF THE MATTER AT COMMUNITY LEVEL .  2 . WHERE , IN THE ABSENCE OF ANY COMPLAINT , A MEMBER STATE IS IN POSSESSION OF SUFFICIENT EVIDENCE BOTH OF DUMPING AND OF INJURY RESULTING THEREFROM FOR A COMMUNITY INDUSTRY , IT SHALL IMMEDIATELY COMMUNICATE SUCH EVIDENCE TO THE COMMISSION .  3 . THE COMMISSION SHALL IN EITHER CASE FORWARD THE INFORMATION RECEIVED TO THE OTHER MEMBER STATES FORTHWITH .  ARTICLE 9  WHERE A MEMBER STATE FINDS THAT THE COMPLAINT DOES NOT CONTAIN THE PARTICULARS SPECIFIED IN ARTICLE 7 OR THAT THE MARGIN OF DUMPING , THE VOLUME OF DUMPED IMPORTS , ACTUAL OR POTENTIAL , OR THE INJURY IS NEGLIGIBLE , IT SHALL SO INFORM THE COMMISSION , EITHER BY LETTER OR ORALLY DURING THE CONSULTATIONS PROVIDED FOR IN ARTICLE 10 . IF , WITHIN A PERIOD OF 10 WORKING DAYS FROM THE DATE ON WHICH THE COMMISSION WAS INFORMED , THE LATTER HAS NOT RAISED ANY OBJECTION , WHETHER AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE , THE COMPLAINT SHALL BE REJECTED FORTHWITH BY THE MEMBER STATE TO WHOM IT WAS SENT , OR BY THE COMMISSION IF THE COMPLAINT WAS SUBMITTED TO THE COMMISSION UNDER ARTICLE 6 ( 2 ) .  ARTICLE 10  1 . CONSULTATIONS BETWEEN THE MEMBER STATES AND THE COMMISSION COVERING , IN PARTICULAR :   ( A ) THE EXISTENCE OF THE MARGIN OF DUMPING ,   ( B ) THE EXISTENCE AND EXTENT OF INJURY ,   ( C ) THE MEASURES TO BE INTRODUCED , HAVING REGARD TO ALL THE CIRCUMSTANCES ,  MUST BE HELD PRIOR TO ANY ENQURY OR DEFENSIVE MEASURES BY THE COMMUNITY OR THE MEMBER STATES .  2 . CONSULTATION SHALL TAKE PLACE WITHIN AN ADVISORY COMMITTEE ( HEREINAFTER CALLED " THE COMMITTEE " ) , WHICH SHALL CONSIST OF REPRESENTATIVES OF EACH MEMBER STATE , WITH A REPRESENTATIVE OF THE COMMISSION AS CHAIRMAN .  3 . THE COMMITTEE SHALL MEET WHEN CONVENED BY ITS CHAIRMAN . HE SHALL PROVIDE THE MEMBER STATES , AS PROMPTLY AS POSSIBLE , WITH ALL RELEVANT INFORMATION .  4 . 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 .  ARTICLE 11  1 . WHERE THE INFORMATION RECEIVED BY THE COMMISSION SHOWS THAT PROTECTIVE MEASURES AGAINST DUMPING MAY BE NECESSARY THE COMMISSION , IN COOPERATION WITH THE MEMBER STATES , SHALL IMMEDIATELY COMMENCE EXAMINATION OF THE MATTER AT COMMUNITY LEVEL . SUCH EXAMINATION SHALL COVER BOTH DUMPING AND INJURY .  2 . THE COMMISSION SHALL ADVISE THE REPRESENTATIVES OF THE EXPORTING COUNTRY AND THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED . IT SHALL AT THE SAME TIME PUBLISH A NOTICE IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . SUCH NOTICE SHALL INDICATE THE PRODUCT IN QUESTION AND THE COUNTRY OF ORIGIN OR OF EXPORT , AS THE CASE MAY BE . THE NOTICE SHALL ALSO STATE THAT ALL RELEVANT INFORMATION IS TO BE COMMUNICATED TO THE COMMISSION AND SHALL SET THE PERIOD WITHIN WHICH INTERESTED PARTIES MAY APPLY TO BE HEARD BY THE COMMISSION IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 6 .  3 . ( A ) IN CARRYING OUT ITS DUTIES UNDER PARAGRAPH 1 , THE COMMISSION IS AUTHORIZED TO OBTAIN ALL NECESSARY INFORMATION .   ( B ) HOWEVER , WHEN IT IS NECESSARY TO CARRY OUT INVESTIGATIONS IN COUNTRIES WHICH ARE NOT MEMBERS OF THE COMMUNITY IN ORDER TO VERIFY INFORMATION COLLECTED OR TO OBTAIN FURTHER DETAILS , THE INVESTIGATIONS OF THE COMMISSION MAY BE CARRIED OUT ONLY IF THE UNDERTAKINGS CONCERNED GIVE THEIR CONSENT AND THE GOVERNMENT OF THE COUNTRY IN QUESTION HAS BEEN OFFICIALLY NOTIFIED AND RAISES NO OBJECTION . THE COMMISSION MAY BE ASSISTED BY OFFICIALS OF ONE OR MORE MEMBER STATES IF THE LATTER HAVE SO REQUESTED , IN ALL INVESTIGATIONS CONDUCTED ON THE SPOT .  4 . THE COMMISSION SHALL PROVIDE OPPORTUNITIES FOR THE COMPLAINANT AND THE IMPORTERS AND EXPORTERS KNOWN TO BE CONCERNED , AND THE REPRESENTATIVES OF THE EXPORTING COUNTRY , TO SEE ALL INFORMATION THAT IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS AND NOT CONFIDENTIAL WITHIN THE MEANING OF ARTICLE 13 , AND THAT IT IS USED BY THE COMMISSION IN THE ANTI-DUMPING INVESTIGATION .  5 . ( A ) FOR THE PURPOSES OF DETERMINING CORRECTLY THE MARGIN OF DUMPING AND THE INJURY CAUSED , THE COMMISSION MAY REQUEST MEMBER STATES :   - TO SUPPLY INFORMATION ,   - TO CARRY OUT ALL NECESSARY CHECKS AND INSPECTIONS ,   - TO CARRY OUT INVESTIGATIONS IN COUNTRIES WHICH ARE NOT MEMBERS OF THE COMMUNITY ; WHERE THE PURPOSE OF SUCH INVESTIGATIONS IS TO VERIFY INFORMATION PROVIDED OR TO OBTAIN FURTHER DETAILS FROM WITHIN THE UNDERTAKINGS CONCERNED ; THEY MAY BE CARRIED OUT ONLY IF THE UNDERTAKINGS CONCERNED GIVE THEIR CONSENT AND THE GOVERNMENT OF THE COUNTRY IN QUESTION HAS BEEN OFFICIALLY NOTIFIED AND RAISES NO OBJECTION ;   ( B ) MEMBER STATES SHALL TAKE WHATEVER STEPS ARE NECESSARY IN ORDER TO GIVE EFFECTS TO REQUESTS FROM THE COMMISSION . THEY SHALL SEND TO THE COMMISSION THE INFORMATION REQUESTED TOGETHER WITH THE RESULTS OF ALL INSPECTIONS , CHECKS OR INVESTIGATIONS CARRIED OUT ;   ( C ) THE COMMISSION SHALL FORWARD THIS INFORMATION TO THE OTHER MEMBER STATES FORTHWITH ;   ( D ) OFFICIALS OF THE COMMISSION SHALL BE AUTHORIZED , IF THE COMMISSION OR A MEMBER STATE SO REQUESTS , TO ASSIST THE OFFICIALS OF MEMBER STATES IN CARRYING OUT THEIR DUTIES .  6 . ( A ) THE COMMISSION MAY HEAR THE INTERESTED PARTIES . IT SHALL SO HEAR THEM IF THEY HAVE , WITHIN THE PERIOD PRESCRIBED IN THE NOTICE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES , MADE A WRITTEN REQUEST FOR A HEARING SHOWING THAT THEY MAY BE DIRECTLY AFFECTED BY THE RESULT OF THE EXAMINATION OF THE MATTER . IN SUCH CASE , THE COMMISSION SHALL GIVE THE PARTIES AN OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING WITHIN A PERIOD WHICH IT SHALL SET . THE COMMISSION SHALL , FURTHERMORE , GIVE THE PARTIES DIRECTLY INTERESTED WHO HAVE SO REQUESTED IN WRITING AND CAN SHOW A SUFFICIENT INTEREST , AN OPPORTUNITY TO EXPRESS THEIR VIEWS ORALLY ;   ( B ) FURTHERMORE , THE COMMISSION SHALL , ON REQUEST , GIVE THE PARTIES DIRECTLY CONCERNED AN OPPORTUNITY TO MEET , SO THAT OPPOSING VIEWS MAY BE PRESENTED AND ANY REBUTTAL ARGUMENT PUT FORWARD . IN PROVIDING THIS OPPORTUNITY THE COMMISSION SHALL TAKE ACCOUNT OF THE NEED TO PRESERVE CONFIDENTIALITY AND OF THE CONVENIENCE OF THE PARTIES . THERE SHALL BE NO OBLIGATION ON ANY PARTY TO ATTEND A MEETING AND FAILURE TO DO SO SHALL NOT BE PREJUDICIAL TO THAT PARTY'S CASE .  7 . ( A ) THE PROVISIONS OF THIS ARTICLE SHALL NOT PRECLUDE THE COMMISSION FROM REACHING PRELIMINARY DETERMINATIONS , OR FROM TAKING AN EXPEDITED DECISION APPLYING PROVISIONAL MEASURES UNDER ARTICLE 15 .   ( B ) IN CASES IN WHICH ANY INTERESTED PARTY WITHHOLDS THE NECESSARY INFORMATION OR WHERE THE GOVERNMENT OF A COUNTRY , WHICH IS NOT A MEMBER OF THE COMMUNITY OBJECTS TO AN INVESTIGATION WITHIN THE MEANING OF PARAGRAPH 5 ( A ) BEING HELD IN ITS TERRITORY , A FINAL FINDING MAY BE MADE ON THE BASIS OF THE FACTS AVAILABLE .  ARTICLE 12  WHERE THERE IS NO ENQUIRY AT COMMUNITY LEVEL , A MEMBER STATE MAY HAVE AN EXAMINATION OF THE MATTER AT NATIONAL LEVEL ; IT SHALL SO INFORM THE COMMISSION AND SEND THE RESULTS OF SUCH AN INVESTIGATION TO THE COMMISSION . THE PROVISIONS OF ARTICLE 10 OF THIS RECOMMENDATION SHALL APPLY .  ARTICLE 13  1 . INFORMATION RECEIVED IN PURSUANCE OF THIS RECOMMENDATION SHALL BE USED ONLY FOR THE PURPOSE FOR WHICH IT WAS REQUESTED .  2 . NEITHER THE COMMISSION NOR MEMBER STATES , NOR THE OFFICIALS OF ANY OF THESE , SHALL REVEAL ANY INFORMATION OF A CONFIDENTIAL NATURE RECEIVED IN PURSUANCE OF THIS RECOMMENDATION , OR ANY INFORMATION PROVIDED ON A CONFIDENTIAL BASIS BY A PARTY TO AN ANTI-DUMPING INVESTIGATION , WITHOUT SPECIFIC PERMISSION FROM THE PARTY SUBMITTING SUCH INFORMATION .  3 . HOWEVER , IF IT APPEARS THAT A REQUEST FOR CONFIDENTIALITY IS NOT WARRANTED AND IF THE SUPPLIER IS EITHER UNWILLING TO MAKE THE INFORMATION PUBLIC OR TO AUTHORIZE ITS DISCLOSURE IN GENERALIZED OR SUMMARY FORM , THE INFORMATION IN QUESTION MAY BE DISREGARDED , UNLESS IT CAN BE SATISFACTORILY DEMONSTRATED FROM APPROPRIATE SOURCES THAT THE INFORMATION IS CORRECT .  4 . THE PROVISIONS OF PARAGRAPHS 1 TO 3 SHALL NOT PRECLUDE THE PUBLICATION OF GENERAL INFORMATION PURSUANT TO ARTICLE 11 ( 2 ) , AND OF THE REASONS FOR MEASURES TAKEN IN PURSUANCE OF THIS RECOMMENDATION . SUCH PUBLICATION MUST TAKE INTO ACCOUNT THE LEGITIMATE INTEREST OF THE INTERESTED PARTIES THAT THEIR COMMERCIAL SECRETS SHOULD NOT BE DIVULGED .  ARTICLE 14  1 . ( A ) IF AFTER CONSULTATION AS PROVIDED FOR IN ARTICLE 10 THE COMMISSION CONSIDERS THAT PROTECTIVE MEASURES ARE UNNECESSARY , IT SHALL IMMEDIATELY TERMINATE THE PROCEEDING .   ( B ) THE COMMISSION SHALL INFORM THE REPRESENTATIVES OF THE EXPORTING COUNTRY AND THE PARTIES DIRECTLY CONCERNED OF THE TERMINATION OF THE PROCEEDING , IT SHALL INFORM THEM OF THE REASONS FOR TERMINATION AND OF THE CRITERIA APPLIED . UNLESS THERE ARE SPECIAL REASONS AGAINST SO DOING , THE COMMISSION SHALL PUBLISH A NOTICE OF TERMINATION OF THE PROCEEDING IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES IF A NOTICE OPENING THE PROCEEDING HAD BEEN PUBLISHED THEREIN .  2 . ( A ) THE PROVISIONS OF THE FOREGOING PARAGRAPH SHALL ALSO APPLY WHERE , DURING EXAMINATION OF THE MATTER , THE EXPORTERS GIVE A VOLUNTARY UNDERTAKING TO REVISE THEIR PRICES SO THAT THE MARGIN OF DUMPING IS ELIMINATED OR TO CEASE TO EXPORT THE PRODUCT IN QUESTION TO THE COMMUNITY , PROVIDED THAT THE COMMISSION , AFTER CONSULTATIONS AS PROVIDED FOR IN ARTICLE 10 , CONSIDERS THIS ACCEPTABLE .   ( B ) WHERE THE COMMISSION , ACTING IN ACCORDANCE WITH THE PROVISIONS OF THE FOREGOING SUBPARAGRAPH , ACCEPTS THE UNDERTAKING REFERRED TO THEREIN , THE INVESTIGATION OF INJURY SHALL NEVERTHELESS BE COMPLETED IF THE EXPORTERS SO DESIRE OR IF , AFTER CONSULTATIONS AS PROVIDED FOR IN ARTICLE 10 , THE COMMISSION SO DECIDES . IF THE COMMISSION MAKES A DETERMINATION OF NO INJURY , THE UNDERTAKING GIVEN BY THE EXPORTERS SHALL AUTOMATICALLY LAPSE UNLESS THE EXPORTERS CONFIRM IT .   ( C ) THE FACT THAT EXPORTERS DO NOT OFFER TO GIVE SUCH UNDERTAKINGS , OR DO NOT ACCEPT AN INVITATION MADE BY THE COMMISSION TO DO SO , SHALL IN NO WAY BE PREJUDICIAL TO THE CONSIDERATION OF THE CASE . HOWEVER , THE COMMISSION SHALL BE FREE TO DETERMINE THAT A THREAT OF INJURY IS MORE LIKELY TO BE REALIZED IF THE DUMPED IMPORTS CONTINUE .   ( D ) WHERE THE COMMISSION FINDS THAT THE UNDERTAKING OF EXPORTERS IS BEING 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 RECOMMENCE THE EXAMINATION OF THE FACTS IN ACCORDANCE WITH ARTICLE 11 .   ( E ) THE PROVISIONS OF ARTICLE 18 ( 1 ) SHALL APPLY MUTATIS MUTANDIS TO THE UNDERTAKINGS GIVEN BY EXPORTERS ON THE BASIS OF THIS ARTICLE . ANY MODIFICATION OF SUCH UNDERTAKINGS SHALL BE MADE IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN THIS ARTICLE .  ARTICLE 15   ( A ) WHERE PRELIMINARY EXAMINATION OF THE MATTER SHOWS THAT THERE IS DUMPING AND THERE IS SUFFICIENT EVIDENCE OF INJURY AND THE INTERESTS OF THE COMMUNITY CALL FOR IMMEDIATE INTERVENTION , THE COMMISSION SHALL :   - HAVING DUE REGARD TO THE PROVISIONS OF ARTICLE 19 ( 3 ) , FIX AN AMOUNT TO BE SECURED BY WAY OF PROVISIONAL ANTI-DUMPING DUTY , COLLECTION OF WHICH SHALL BE DETERMINED BY THE SUBSEQUENT RECOMMENDATION OF THE COMMISSION UNDER ARTICLE 17 ;   - INDICATE , USING THE DESCRIPTION REQUIRED UNDER ARTICLE 20 , THE PRODUCTS COVERED BY THIS MEASURE ;   - RECOMMEND THAT ENTRY OF SUCH PRODUCTS FOR COMMUNITY CONSUMPTION SHALL BE CONDITIONAL UPON THE PROVISION OF SECURITY FOR THE AFOREMENTIONED AMOUNT .   ( B ) THE COMMISSION SHALL TAKE SUCH PROVISIONAL ACTION AFTER HEARING THE OPINIONS EXPRESSED IN THE COMMITTEE OR , IN CASES OF EXTREME URGENCY , AFTER INFORMING THE MEMBER STATES . IN THIS LATTER CASE CONSULTATIONS SHALL TAKE PLACE WITHIN THE COMMITTEE 10 DAYS AT THE LATEST AFTER NOTIFICATION TO THE MEMBER STATES OF THE ACTION TAKEN BY THE COMMISSION .   ( C ) WHERE A MEMBER STATE REQUESTS IMMEDIATE INTERVENTION BY THE COMMISSION , THE COMMISSION SHALL , WITHIN A MAXIMUM OF FIVE WORKING DAYS OF RECEIPT OF THE REQUEST , RECOMMEND WHETHER A PROVISIONAL ANTI-DUMPING DUTY SHOULD BE IMPOSED .  ARTICLE 16  1 . WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 18 , PROVISIONAL MEASURES SHALL CONTINUE TO OPERATE FOR A PERIOD OF THREE MONTHS ; BEFORE THIS PERIOD EXPIRES , THE COMMISSION SHALL EITHER DECIDE ON COMMUNITY INTERVENTION WITHIN THE MEANING OF ARTICLE 17 OR , IF SO REQUESTED BY THE IMPORTERS AND EXPORTERS AND IF THE EXAMINATION OF FACTS WERE STILL NOT TERMINATED , DECIDE ON THE EXTENSION OF THE PROVISIONAL MEASURES FOR A MAXIMUM OF THREE MONTHS .  2 . AFTER THE PERIOD OF VALIDITY OF SUCH MEASURES HAS EXPIRED , THE SECURITY SHALL BE RELEASED , TO THE EXTENT OF THE AMOUNT SECURED , THE DEFINITIVE COLLECTION OF WHICH HAS NOT BEEN RECOMMENDED BY THE COMMISSION UNDER ARTICLE 17 . WHERE THE PROVISIONAL DUTY IS RETROACTIVELY CANCELLED OR REDUCED UNDER ARTICLE 18 , THE SECURITY UNDULY OBTAINED SHALL BE RELEASED AS PROMPTLY AS POSSIBLE .  ARTICLE 17  1 . WHERE THE FACTS AS FINALLY ESTABLISHED SHOW THAT THERE IS DUMPING AND INJURY , AND THE INTERESTS OF THE COMMUNITY CALL FOR COMMUNITY INTERVENTION , THE COMMISSION SHALL , AFTER CONSULTATION AS PROVIDED FOR IN ARTICLE 10 , ADDRESS THE NECESSARY RECOMMENDATION TO MEMBER STATES . SUCH RECOMMENDATIONS SHALL ALSO COVER THE MATTERS SET OUT IN PARAGRAPH 2 .  2 . ( A ) WHERE ARTICLE 15 HAS BEEN APPLIED , THE COMMISSION SHALL RECOMMEND , SUBJECT TO THE PROVISIONS OF ARTICLE 16 , WHAT PROPORTION OF THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY IS TO BE DEFINITIVELY COLLECTED .   ( B ) THE DEFINITIVE COLLECTION OF SUCH AMOUNT SHALL NOT BE DECIDED UPON UNLESS THE FACTS AS FINALLY ESTABLISHED SHOW THAT THERE IS MATERIAL INJURY  ( AND NOT MERELY THREAT OF MATERIAL INJURY OR OF MATERIAL RETARDATION OF THE ESTABLISHMENT OF A COMMUNITY INDUSTRY ) OR THAT SUCH INJURY WOULD HAVE BEEN CAUSED IF PROVISIONAL ACTION HAD NOT BEEN TAKEN .  ARTICLE 18  1 . ( A ) WHILE MEASURES REFERRED TO IN ARTICLE 15 , 16 AND 17 ARE IN OPERATION THE COMMISSION , AT THE REQUEST OF A MEMBER STATE OR ON ITS OWN INITIATIVE :   - SHALL EXAMINE THE EFFECTS OF THE SAID MEASURES ;   - SHALL ASCERTAIN WHETHER THE CONDITIONS FOR THEIR APPLICATION ARE SATISFIED ;   - IF NECESSARY , HOLD CONSULTATIONS AS PROVIDED FOR IN ARTICLE 10 .   ( B ) REQUESTS FOR SUCH CONSULTATIONS TO BE HELD , ACCOMPANIED BY SUPPORTING EVIDENCE , MAY BE MADE BY EXPORTERS OR BY IMPORTERS OF THE PRODUCT IN QUESTION , EITHER DIRECTLY TO THE COMMISSION OR BY WAY OF A MEMBER STATE . WHERE THE COMMISSION RECEIVES THE REQUEST , IT SHALL INFORM THE MEMBER STATES THEREOF .  2 . IF , THE COMMISSION DECIDES THAT THE MEASURES IN QUESTION SHOULD BE AMENDED , REVOKED OR ANNULLED IT SHALL ITSELF FORTHWITH AMEND , REVOKE OR ANNUL THEM WITHOUT DELAY .  ARTICLE 19  1 . ANTI-DUMPING MEASURES , WHETHER PROVISIONAL OR DEFINITIVE , SHALL NORMALLY BE IMPOSED BY WAY OF DUTIES , ON A COMMISSION RECOMMENDATION .  2 . ( A ) WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 17 ( 2 ) , SUCH DUTIES SHALL BE NEITHER IMPOSED NOR INCREASED WITH RETROACTIVE EFFECT .   ( B ) SUCH DUTIES SHALL APPLY TO ALL PRODUCTS SPECIFIED IN THE COMMISSION MEASURE WHICH , AFTER ENTRY INTO FORCE OF SUCH MEASURE , ARE ENTERED FOR COMMUNITY CONSUMPTION . FOR THIS PURPOSE , THE DATE OF ACCEPTANCE BY THE CUSTOMS AUTHORITIES OF THE DECLARANT'S STATEMENT OF HIS INTENTION TO ENTER THE GOODS FOR CONSUMPTION SHALL BE DETERMINANT .   ( C ) WHERE A PRODUCT IS IMPORTED INTO THE COMMUNITY FROM MORE THAN ONE COUNTRY , DUTY SHALL BE LEVIED AT AN APPROPRIATE AMOUNT ON A NONDISCRIMINATORY BASIS ON ALL IMPORTS OF SUCH PRODUCT FOUND TO BE DUMPED AND CAUSING INJURY .  3 . THE AMOUNT OF AN ANTI-DUMPING DUTY , WHETHER DEFINITIVE OR PROVISIONAL , SHALL NOT EXCEED THE MARGIN OF DUMPING ESTABLISHED , OR , IN THE CASE OF A PROVISIONAL DUTY , THE MARGIN OF DUMPING PROVISIONALLY DETERMINED ; IT SHOULD BE LESS THAN THE MARGIN IF SUCH LESSER DUTY WOULD BE ADEQUATE TO REMOVE THE INJURY .  4 . ( A ) WHERE AN IMPORTER CAN SHOW THAT THE PRODUCTS WHICH HE HAS ENTERED FOR COMMUNITY CONSUMPTION WERE NOT DUMPED , OR WHERE THE MARGIN OF DUMPING IS LOWER THAN THAT ON WHICH THE COMMISSION RECOMMENDATION WAS BASED , THE ANTI-DUMPING DUTIES COLLECTED ON THOSE PRODUCTS SHALL BE RETURNED TO HIM IN WHOLE OR IN PART ; WHERE PROVISIONAL MEASURES WERE TAKEN , THE SAME SHALL APPLY IN RESPECT OF THE RELEASE OF SECURITIES .   ( B ) FOR THIS PURPOSE THE IMPORTER MAY , WITHIN THREE MONTHS OF THE DATE ON WHICH THE PRODUCTS WERE ENTERED FOR CONSUMPTION , SUBMIT AN APPLICATION TO THE MEMBER STATE IN WHOSE TERRITORY THEY WERE SO ENTERED . THAT MEMBER STATE SHALL FORWARD THE APPLICATION TO THE COMMISSION AS SOON AS POSSIBLE , TOGETHER WITH AN OPINION AS TO ITS MERITS . THE COMMISSION SHALL INFORM THE OTHER MEMBER STATES FORTHWITH . IF WITHIN ONE MONTH OF RECEIPT OF THIS COMMUNICATION THE COMMISSION HAS NOT , ON ITS OWN INITIATIVE OR AT THE REQUEST OF ANOTHER MEMBER STATE , RAISED ANY OBJECTION , THE MEMBER STATE IN QUESTION SHALL DECIDE UPON THE MATTER IN ACCORDANCE WITH THE OPINION WHICH IT COMMUNICATED TO THE COMMISSION . IN ALL OTHER CASES THE COMMISSION SHALL , AFTER HEARING THE OPINIONS EXPRESSED WITHIN THE COMMITTEE , DECIDE WHETHER AND TO WHAT EXTENT THE MEMBER STATE SHOULD GRANT THE APPLICATION .  5 . WHERE THE SECOND INDENT OF ARTICLE 4 ( 5 ) HAS BEEN APPLIED , THE COMMISSION SHALL , AFTER CONSULTATION AS PROVIDED FOR IN ARTICLE 10 , GIVE EXPORTERS AN OPPORTUNITY TO CEASE DUMPING ON THE COMPETITIVE MARKET CONCERNED . IN SUCH CASES , IF AN ADEQUATE UNDERTAKING IS PROMPTLY GIVEN , THE COMMISSION SHALL NOT TAKE PROVISIONAL MEASURES . HOWEVER , IF SUCH AN UNDERTAKING IS NOT GIVEN PROMPTLY OR IS NOT FULFILLED , THE COMMISSION MAY , IN RESPECT OF THE COMMUNITY AS A WHOLE , IMPOSE A PROVISIONAL OR DEFINITIVE DUTY .  6 . ANTI-DUMPING PROCEEDINGS SHALL NOT CONSTITUTE A BAR TO CUSTOMS CLEARANCE OF THE PRODUCT CONCERNED .  ARTICLE 20  1 . THE DESCRIPTION OF ANY PRODUCT COVERED BY A MEASURE PROVIDED FOR IN THE FOREGOING ARTICLE SHALL INCLUDE :   ( A ) TARIFF DESCRIPTION ;   ( B ) COMMERCIAL DESCRIPTION ;   ( C ) COUNTRY OF ORIGIN OR EXPORT ;   ( D ) NAME OF SUPPLIER .  2 . IF SEVERAL SUPPLIERS FROM THE SAME COUNTRY ARE INVOLVED , AND IT IS IMPRACTICABLE TO NAME THEM ALL , THE PRODUCT MAY BE DESCRIBED BY THE PARTICULARS REFERRED TO IN ( A ) , ( B ) AND ( C ) OF THE FOREGOING PARAGRAPH . IF SEVERAL SUPPLIERS FROM MORE THAN ONE COUNTRY ARE INVOLVED , IT SHALL BE SUFFICIENT TO GIVE , IN ADDITION TO THE PARTICULARS SET OUT IN ( A ) AND ( B ) , DETAILS EITHER OF ALL THE SUPPLIERS INVOLVED , OR , IF THIS IS IMPRACTICABLE , OF ALL THE SUPPLYING COUNTRIES INVOLVED .  3 . IN THE ABSENCE OF ANY SPECIAL PROVISIONS TO THE CONTRARY ADOPTED WHEN A DEFINITIVE OR PROVISIONAL ANTI-DUMPING DUTY WAS IMPOSED , THE RULES ON THE COMMON DEFINITION OF THE CONCEPT OF ORIGIN AND THE RELEVANT COMMON IMPLEMENTING PROVISIONS SHALL APPLY .  ARTICLE 21  ANTI-DUMPING DUTIES SHALL BE COLLECTED BY MEMBER STATES IN THE FORM , AT THE RATE AND ACCORDING TO THE OTHER CRITERIA LAID DOWN WHEN THE DUTIES WERE IMPOSED , AND INDEPENDENTLY OF THE CUSTOMS DUTIES , TAXES AND OTHER CHARGES NORMALLY IMPOSED ON IMPORTS .  TITLE II  BOUNTIES , SUBSIDIES AND COUNTERVAILING DUTIES  ARTICLE 22  COUNTERVAILING MEASURES , NORMALLY IN THE FORM OF DUTIES , ON A COMMISSION RECOMMENDATION MAY BE IMPOSED ON PRODUCTS IN RESPECT OF WHICH BOUNTIES OR SUBSIDIES ARE GRANTED IN THEIR COUNTRY OF ORIGIN OR EXPORT IF THEIR INTRODUCTION INTO COMMUNITY COMMERCE CAUSES OR THREATENS MATERIAL INJURY TO AN ESTABLISHED COMMUNITY INDUSTRY OR MATERIALLY RETARDS THE ESTABLISHMENT OF SUCH AN INDUSTRY . THE PROVISIONS OF ARTICLE 3 ( 5 ) SHALL APPLY CORRESPONDINGLY .  ARTICLE 23  THE AMOUNT OF ANY COUNTERVAILING DUTY , WHETHER DEFINITIVE OR PROVISIONAL , SHALL NOT EXCEED AN AMOUNT EQUAL TO THE ESTIMATED , OR , IN THE CASE OF A PROVISIONAL DUTY , THE PROVISIONALLY ESTIMATED , BOUNTY OR SUBSIDY GRANTED DIRECTLY OR INDIRECTLY IN THE COUNTRY OF ORIGIN OR EXPORT ON THE MANUFACTURE , PRODUCTION OR EXPORT OF THE PRODUCT CONCERNED , INCLUDING ANY SPECIAL SUBSIDY TO THE TRANSPORTATION OF THE PRODUCT .  ARTICLE 24  NO PRODUCT SHALL BE SUBJECT TO BOTH ANTI-DUMPING AND COUNTERVAILING DUTIES FOR THE PURPOSE OF DEALING WITH ONE AND THE SAME SITUATION ARISING FROM DUMPING OR FROM THE GRANTING OF ANY BOUNTY OR SUBSIDY .  ARTICLE 25  THE PROVISIONS OF ARTICLE 6 TO 21 SHALL APPLY CORRESPONDINGLY TO THIS TITLE .  TITLE III  FINAL PROVISIONS  ARTICLE 26  MEMBER STATES SHALL TAKE ALL APPROPRIATE MEASURES TO ALLOW GOVERNMENTS TO IMPLEMENT , WITHIN THE TIME LIMITS LAID DOWN , THE OBLIGATIONS WHICH DEVOLVE UPON THEM CONCERNING PROTECTION AGAINST DUMPING , OR THE GRANTING OF BOUNTIES OR SUBSIDIES , UNDER THE TERMS OF THIS RECOMMENDATION . THEY SHALL ACCORDINGLY INFORM THE COMMISSION FORTHWITH . THE COMMISSION SHALL IMMEDIATELY COMMUNICATE THIS INFORMATION TO THE OTHER MEMBER STATES .  ARTICLE 27  THIS RECOMMENDATION SHALL BE NOTIFIED TO THE GOVERNMENTS OF THE MEMBER STATES AND PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  IT SHALL ENTER INTO FORCE IN RESPECT OF EACH MEMBER STATE WITH EFFECT FROM THE DATE OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 15 APRIL 1977 .  FOR THE COMMISSION  THE PRESIDENT  ROY JENKINS  ( 1 ) OJ NO L 93 , 17 . 4 . 1968 , P . 1 .  ( 2 ) OJ NO L 206 , 27 . 7 . 1973 , P . 3 .


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31982K3025

Commission Recommendation No 3025/82/ECSC of 12 November 1982 amending Recommendation No 3018/79/ECSC on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community

Official Journal L 317 , 13/11/1982 P. 0017 - 0018

*****COMMISSION  RECOMMENDATION No 3025/82/ECSC  of 12 November 1982  amending recommendation No 3018/79/ECSC on protection against dumped or subsidized imports from countries not members of the European Coal and Steel Community  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Articles 74 and 86 thereof,  Whereas by recommendation No 3018/79/ECSC of 21 December 1979 (1), as amended by recommendation No 1995/82/ECSC (2), the Commission has established rules and procedures to be applied in case of dumped or subsidized imports from countries not members of the European Coal and Steel Community;  Whereas the present text of the above recommendation provides that within a basic price system the basic price shall be used for determining normal value; whereas, in order to ensure more equitable treatment for all parties and to take into account the recent GATT interpretation of this subject, it is appropriate to provide that the usual methods for determining normal value be used where these would produce a significantly different result;  Whereas by virtue of Article 74 of the above Treaty the Commission is empowered, in cases of dumping or subsidization by third countries not only to make recommendations to Member States but to take any measures which are in conformity with the Treaty; whereas recent experience has shown that the practice of imposing duties by recommendation has caused delay and unnecessary administrative complications; whereas anti-dumping or countervailing duties by their very nature do not leave to Member States any choice of the appropriate methods of their execution; whereas it is appropriate, therefore, to provide that henceforth such duties may be imposed either by recommendation or by any appropriate measures,  MAKES THE FOLLOWING RECOMMENDATION:  Article 1  Commission recommendation No 3018/79/ECSC is amended as follows:  1. Article 2 (6) b is replaced by the following text:  '(b) Where several suppliers from one or more countries are involved and it is deemed appropriate to establish a basic price system the normal value may be derived from the basic price; however normal value shall be determined in accordance with the preceding provisions of this Article where it becomes apparent that such method of determination would produce a significantly different result.'  2. Article 11 (1) is replaced by the following text:  '1. Where preliminary examination shows that dumping or a subsidy exists and that there is sufficient evidence of injury caused thereby and the interests of the Community call for intervention to prevent injury being caused during the proceeding, the Commission, acting at the request of a Member State or on its own initiative, shall impose a provisional anti-dumping or countervailing duty. In such cases entry of the products concerned for Community consumption shall be conditional upon the provision of security for the amount of the provisional duty, definitive collection of which shall be determined by the subsequent decision of the Commission under Article 12 (2).'  3. Article 11 (6) is replaced by the following text:  '6. After expiration of the period of validity of provisional duties, the security shall be released as promptly as possible to the extent that the Commission has not decided to collect it definitively.'  4. Article 12 (1) is replaced by the following text:  '1. Where the facts as finally established show that there is dumping or subsidization and injury caused thereby, and the interests of the Community call for Community intervention, the Commission, after consultation, shall impose a definitive anti-dumping or countervailing duty.'  5. Article 12 2 (a) is replaced by the following text:  '(a) Where a provisional duty has been applied, the Commission shall decide irrespective of whether a definitive anti-dumping or countervailing duty is to be imposed, what proportion of the provisional duty is to be definitively collected.'  6. Article 13 (1) is replaced by the following text:  '1. Anti-dumping or countervailing duties, whether provisional or definitive, shall be imposed by a Commission recommendation or any other appropriate measure.'  7. Article 13 (2) is replaced by the following text:  '2. Such measures shall indicate in particular the amount and type of duty imposed, the product covered, the country of origin or export, the name of the supplier, if practicable, and the reasons on which the measures are based.'  8. Article 14 (1) is replaced by the following text:  '1. Measures imposing anti-dumping or countervailing duties and decisions to accept undertakings shall be subject to review where warranted. Such review may be held either at the request of a Member State or on the initiative of the Commission. A review shall also be held where an interested party so requests and submits evidence of changed circumstances sufficient to justify the need for such review, provided that at least one year has elapsed since the conclusion of the proceeding. Such requests shall be addressed to the Commission which shall inform the Member States.'  Article 2  This recommendation shall enter into force on the day following its publication in the Official Journal of the European Communities.  Done at Brussels, 12 November 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 15.  (2) OJ No L 215, 23. 7. 1982, p. 28.


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		52012DC0301

			Recommendation for a COUNCIL RECOMMENDATION on the implementation of the broad guidelines for the economic policies of the Member States whose currency is the euro /* COM/2012/0301 final */

			   	Recommendation for a
COUNCIL RECOMMENDATION
on the implementation of the broad
guidelines for the economic policies of the Member States whose currency is the
euro
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 136 in combination
with Article 121(2) thereof,
Having regard to the recommendation of the
European Commission[1],
Having regard to the resolutions of the
European Parliament[2]
Having regard to the conclusions of the European
Council,
After consulting the Economic and Financial
Committee,
Whereas:
(1)       Since its creation, the
Eurogroup has played a pivotal role and has a special responsibility in the economic
governance of the euro area. The economic crisis clearly exposed the close
interrelations in the euro area, underscoring the need for a coherent aggregate
policy stance which reflects the strong spillovers between countries whose
currency is the euro, for effective arrangements for policy coordination to
swiftly respond to changes in the economic environment.
(2)       The Council has issued
country-specific recommendations to each of the Member States whose currency is
the euro. These recommendations address economic challenges at the national
level and at the same time are a central element in determining stability and
growth in the euro area as a whole. The Member States whose currency is the
euro have also committed themselves to a set of far-reaching additional policy
reforms under the Euro Plus Pact, aiming to foster competitiveness, promote
employment, contribute to the sustainability of public finances and reinforce
financial stability. On 2 March 2012, the Member States whose currency is the
euro and eight other Member States signed a Treaty on Stability, Coordination
and Governance in the Economic and Monetary Union in which they agreed to ensure that all
major economic policy reforms that they plan to undertake will be discussed
ex-ante and, where appropriate, coordinated among themselves. Ex ante
coordination in the euro area context, both via the submission of draft budget
plans and the discussion of major economic policy reform plans, will contribute
to taking into account the spillover effects from national actions on the euro
area as a whole.
(3)       The existence of
well-designed budgetary frameworks strengthening domestic fiscal governance is
a key element in the sound management of public finances, and contributes to
the sustainability of public finances in the euro area as a whole. Euro area
Heads of State or Government committed in July and October 2011 to introduce
national fiscal frameworks as foreseen in the Directive on national budgetary
frameworks already by the end of 2012 ahead of the timetable foreseen in the
Directive, and to go beyond the requirements contained therein. Moreover, on 2
March 2012, the euro area Member States, together with eight non-euro area
Member States, by signing the Treaty on Stability, Coordination and Governance
in the Economic and Monetary Union, committed themselves to a further
strengthening of their national fiscal governance, notably by introducing binding
rules for the budgetary position of the government to reach the medium-term
objective.
(4)       The pursuit of fiscal
consolidation is a central element in the strategy to overcome the crisis in
the euro area. The EU fiscal framework allows for differentiation in the pace
of consolidation between Member States according to their fiscal space and
macroeconomic conditions. The focus of the Stability and Growth Pact and the
Treaty on Stability, Coordination and Governance in the Economic and Monetary
Union is on structural balances and hence it allows taking into account the
effects of the cycle and of one-off measures on headline budget balances. The
assessment of effective action in response to Council recommendations on the
correction of the excessive deficit positions is carried out in structural
terms. An appropriate composition of consolidation is crucial to enhance
confidence in the permanent nature of consolidation in the euro area and to
limit its negative short-term impact on growth. Growth-friendly expenditure, in
particular investment expenditure, needs to be prioritised; in several euro
area Member States productive investment projects could be identified where
both the private and the social returns would exceed the currently low interest
rates. Reforms of long-term entitlements, notably health, are urgently needed,
to underpin the long-term sustainability of public finances. Appropriate tax
policy, such as shifting the tax burden away from labour, broadening the tax
bases and more effective action to combat tax evasion could contribute to
consolidation while increasing competitiveness and creating better conditions
for growth.
(5)       Stability and the good functioning
of the financial system are pre-conditions for averting a "lost-decade
scenario" of slow growth in the euro area and for enhancing investors'
confidence. As further deleveraging of bank balance sheets is necessary, it is
important to ensure that it proceeds in an orderly manner and is consistent
with maintaining an adequate flow of credit to the real economy. In order to
counter the emerging trend of financial fragmentation, further progress is
necessary with integration in supervisory structures and practices as well as
in cross-border crisis management.
(6)       An orderly unwinding of
intra-euro area macroeconomic imbalances is crucial for sustainable growth and
stability in the euro area. A process of reduction in the imbalances has
started, but needs to be pursued steadfastly. The urgency of actions to correct
the imbalances is greater in deficit countries, where reforms are necessary to
improve competitiveness and facilitate resources reallocation towards tradable
sectors. At the same time, surplus countries can contribute to rebalancing by
removing unnecessary regulatory and other constraints on domestic demand,
non-tradable activities and on investment opportunities.
(7)       Recognising the
interdependence between the economies of those Member States whose currency is
the euro and the benefits that stability in this monetary union can bring to
its members and the wider EU is a prerequisite for the further development of
economic union. Looking ahead the Member States whose currency is the euro will
need to deepen their integration to attain full economic and monetary union[3].
HEREBY RECOMMENDS that Member States
whose currency is the euro should take action, individually and collectively,
without prejudice to the competences of the Council as regards the coordination
of economic policies of the Member States, but in particular in the context of
economic policy coordination in the framework of the Eurogroup, within the
period 2012-2013 to:
(1)
Strengthen the working methods of the Eurogroup
to allow it to take responsibility for the aggregate policy stance in the euro
area, rapidly responding to changes in the economic environment, and to lead
the coordination of economic policy in the context of the strengthened
surveillance framework which applies to the Member States whose currency is the
euro.
(2)
Engage in genuine policy cooperation in the
Eurogroup by sharing information and discussing draft budgets and the plans of
major reforms with potential spillover effects on the euro area. Ensure that
such reforms are undertaken that are necessary for a stable and robust euro
area, including the implementation of the recommendations which the Council has
addressed to individual Member States whose currency is the euro and which, in
addition to addressing challenges at national level, have an impact on the euro
area as a whole.
(3)
Strengthen fiscal discipline and fiscal
institutions at both national and sub-national levels, leading to enhanced
market confidence in the medium- and long-term sustainability of public
finances in the euro area. Following the agreement by the euro area Heads of
State or Government in July and October 2011 and on 2 March 2012, advance the
transposition of the Directive on national budgetary frameworks to the end of
2012 and strengthen fiscal governance further, notably by introducing in the
national legislation of all euro area Member States the rules for balanced
budget in structural terms and the automatic correction mechanisms.
(4)
Ensure a coherent aggregate fiscal stance in the
euro area by pursuing fiscal consolidation as set out in Council
recommendations and decisions, in line with the
rules of the Stability and Growth Pact, which account for country-specific macro-financial
situation. Member States affected by significant and potentially rising risk
premia should limit deviations from the nominal balance targets even against
worse-than-expected macroeconomic conditions; other Member States should let
the automatic stabilizers play along the adjustment path assessed in structural terms and stand ready to review the pace
of consolidation should macroeconomic conditions deteriorate further.
Composition of government expenditure and revenues should reflect the growth
impact of spending items and revenue sources. In particular, all the available
budgetary margins should be used to foster public investment in the euro area,
including by taking into account cross-country differences in the cost of
funding.
(5)
Take action to improve the functioning and
stability of the financial system in the euro area. Accelerate the steps
towards a more integrated financial architecture, comprising banking
supervision and cross-border crisis resolution.
(6)
Implement structural reforms, which – together
with the differentiated fiscal stance – would promote an orderly unwinding of
intra-euro area macroeconomic imbalances, including action at national level
which reflects the country-specific situation and takes account of the Council
recommendations to individual euro area Member States.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               COM(2012)301
[2]               P7_TA(2012)0048 and P7_TA(2012)0047
[3]               See section 2.1 of COM (2012) 299


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31996Y0919(06)

Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third-country nationals

Official Journal C 274 , 19/09/1996 P. 0018 - 0019

ANNEX II.1COUNCIL RECOMMENDATION of 30 November 1994  concerning the adoption of a standard travel document for the expulsion of third-country nationals  THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article K.1 (3) (c) thereof, Whereas combating unauthorized immigration, residence and work by nationals of third countries on  the territory of Member States is regarded as a matter of common interest; Noting that consultation and cooperation on the execution of expulsion measures is considered a  priority action in the 1994 work programme; Acknowledging that a recent seminar on expulsion measures showed that the great majority of Member  States experience difficulties in cases of third-country nationals possessing no travel documents  who are required to be expelled from their territory; Desirous of improving the efficiency with which expulsion measures are executed, HEREBY RECOMMENDS THAT: - with effect from 1 January 1995 the attached standard travel document valid for  a single journey shall be used as appropriate by all Member States in the case of third-country  nationals being expelled from the territory of the Union, - the document shall be established in the language of the Member State executing the expulsion  order, - the document, where appropriate, shall be translated into both French and English. >REFERENCE TO A FILM> >START OF GRAPHIC>MEMBER STATE . Reg. No: Doc. No: No d'enregistrement No doc. Valid for one journey from: . Valable pour un seul voyage de to: . à Name: . Nom Forename: . Prénom Date of birth: . Date de naissance Height: . Taille Distinguishing marks: . Signes particuliers Nationality: . Nationalité PHOTO Photo Address in home country (if known): . . . Adresse dans le pays d'origine (si connu) Seal/Stamp Sceau:Cachet Issuing authority: . Autorité de délivrance Issued at: . Lieu de délivrance Issued on: . Date de délivrance Signature: . Signature Remarks/Observations: . . . >END OF GRAPHIC>


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31990H0326

90/326/EEC: Commission Recommendation of 22 May 1990 to the Member States concerning the adoption of a European schedule of occupational diseases

Official Journal L 160 , 26/06/1990 P. 0039 - 0048

*****COMMISSION  RECOMMENDATION  of 22 May 1990  to the Member States concerning the adoption of a European schedule of occupational diseases  (90/326/EEC)  The Commission, under the terms of the Treaty establishing the European Economic Community and in particular Article 155 thereof, and without prejudice to more favourable national laws or regulations, recommends that the Member States:  1. introduce as soon as possible into their national laws, regulations or administrative provisions concerning scientifically recognized occupational diseases liable for compensation and subject to preventive measures, the European schedule in Annex I;  2. take steps to introduce into their national laws, regulations or administrative provisions the right of a worker to compensation in respect of occupational diseases if the worker is suffering from an ailment which is not listed in Annex I but which can be proved to be occupational in origin and nature, particularly if the ailment is listed in Annex II;  3. ensure as far as possible that all cases of occupational disease are reported and progressively make their statistics on occupational diseases compatible with the schedule in Annex I;  4. - develop and improve the various preventive measures for the diseases mentioned in the European schedule, turning, if necessary, to the Commission for information on the experience acquired by Member States,  - use for this purpose the European schedule as a reference document on the prevention of occupational diseases and certain work accidents;  5. - circulate notices on the occupational diseases in their national list, taking special account of the medical information notices on occupational diseases in the European schedule, drawn up by the Commission,  - supply in particular all relevant information on diseases or agents recognized in their national legislation when requested to do so by another Member State through the Commission, and supply the Commission with statistical and epidemiological information on the incidence of occupational diseases;  6. Provide the personnel responsible for implementing the national provisions resulting from this recommendation with adequate training;  7. - introduce a system for the collection of information on data concerning the epidemiology of the diseases listed in Annex II and any other disease of an occupational nature,  - promote research in the field of ailments linked to an occupational activity, in particular the ailments listed in Annex II. This recommendation shall not apply to diseases which are not recognized as being occupational in origin.  The Member States shall themselves determine the criteria for recognizing each occupational disease in accordance with their current national laws or practices.  The Commission requests the Member States to inform it, at the end of a three-year period, of the measures taken or envisaged in response to this recommendation. The Commission will then examine the extent to which this recommendation has been implemented in the Member States, in order to determine whether there is a need for binding legislation.  Done at Brussels, 22 May 1990.  For the Commission  Vasso PAPANDREOU  Member of the Commission  ANNEX I  EUROPEAN SCHEDULE OF OCCUPATIONAL DISEASES  The diseases mentioned in this schedule must be linked directly to the occupation. The Commission will determine the criteria for recognizing each of the occupational diseases listed hereunder:  1.2.3 // 1.   // Diseases caused by the following chemical agents:   //   //   //   // EEC No   // 100   // Acrylonitrile  // 608 003 004   // 101   // Arsenic or compounds thereof  // 033 002 005   // 102   // Beryllium (glucinium) or compounds thereof   // -   // 103.01   // Carbon monoxide  // 006 001 002   // 103.02   // Carbon oxychloride   // -  // 104.01   // Hydrocyanic acid   // -   // 104.02  // Cyanides and compounds thereof   // 006 007 005   // 104.03   // Isocyanates   // -   // 105   // Cadmium or compounds thereof   // 048 001 005   // 106   // Chromium or compounds thereof   // -   // 107   // Mercury or compounds thereof  // 080 001 000   // 108   // Manganese or compounds thereof  // -   // 109.01   // Nitric acid   // 007 004 001   // 109.02   // Oxides of nitrogen   // 007 002 000   // 109.03  // Ammonia   // 007 001 005   // 110   // Nickel or compounds thereof   // -   // 111   // Phosphorus or compounds thereof  // 015 001 001   // 112   // Lead or compounds thereof  // 082 001 006   // 113.01   // Oxides of sulphur   // -  // 113.02   // Sulphuric acid   // 016 020 008   // 113.03  // Carbon disulphide   // 006 003 003   // 114   // Vanadium or compounds thereof   // -   // 115.01   // Chlorine   // 017 001 007   // 115.02   // Bromine   // -   // 115.04   // Iodine   // 602 005 003   // 115.05   // Fluorine or compounds thereof   // 009 001 000   // 116   // Aliphatic or alicyclic hydrocarbons derived from petroleum spirit or petrol   // -  // 117   // Halogenated derivatives of the aliphathic or alicyclic hydrocarbons   // -   // 118   // Butyl, methyl and isopropyl alcohol   // -   // 119   // Ethylene glycol, diethylene glycol, 1,4-butanediol and the nitrated derivatives of the glycols and of glycerol   // -   // 120   // Methyl ether, ethyl ether, isopropyl ether, vinyl ether, dichloroisopropyl ether, guaiacol, methyl ether and ethyl of ethylene glycol   // -   // 121   // Acetone, chloroacetone, bromoacetone, hexafluoroacetone, methyl ethyl ketone, methyl n-butyl ketone, methyl isobutyl ketone, diacetone alcohol, mesityl oxide, 2-methylcyclohexanone   // -   // 122  // Organophosphorus esters   // -   // 123   // Organic acids  // -   // 124   // Formaldehyde   // -   // 125   // Aliphatic nitrated derivatives   // -   // 126.01   // Benzene or counterparts thereof (the counterparts of benzene are defined by the formula: CnH2n-6)   // 601 020 008   // 126.02  // Naphthalene or naphthalene counterparts (the counterpart of naphthalene is defined by the formula: CnH2n-12)   // -  // 126.03   // Vinylbenzene and divinylbenzene   // -   // 127   // Halogenated derivatives of the aromatic hydrocarbons  // -  //  //  // EEC No   // 128.01   // Phenols or counterparts or halogenated derivatives thereof   // -   // 128.02  // Naphthols or counterparts or halogenated derivatives thereof   // -   // 128.03   // Halogenated derivatives of the alkylaryl oxides   // -   // 128.04   // Halogenated derivatives of the alkylaryl sulfonates   // -   // 128.05  // Benzoquinones   // -   // 129.01   // Aromatic amines or aromatic hydrazines or halogenated, phenolic, nitrified, nitrated or sulfonated derivatives thereof   // -   // 129.02  // Aliphatic amines and halogenated derivatives thereof   // -   // 130.01   // Nitrated derivatives of aromatic hydrocarbons  // -   // 130.02   // Nitrated derivatives of phenols or their counterparts   // -   // 131   // Antimony and derivatives thereof   // 051 003 009   // 2.   // Skin diseases caused by substances and agents not included under other headings   //  // 201   // Skin diseases and skin cancers caused by:   //  // 201.01   // Soot   //   // 201.02   // Tar   //   // 201.03   // Bitumen   //   // 201.04   // Pitch   //   // 201.05  // Anthracene or compounds thereof   // -   // 201.06  // Mineral and other oils   //   // 201.07   // Crude paraffin   //   // 201.08   // Carbazole or compounds thereof   // -  // 201.09   // By-products of the distillation of coal   // 1.2 // 202   // Occupational skin ailments caused by scientifically recognized allergy provoking or irritative substances not included under other headings   // 3.  // Diseases caused by the inhalation of substances and agents not included under other headings   // 301   // Diseases of the respiratory system and cancers:   // 301.11   // Silicosis  // 301.12   // Silicosis combined with pulmonary tuberculosis  // 301.21   // Asbestosis   // 301.22   // Mesothelioma following the inhalation of asbestos dust   // 301.31  // Pneumoconioses caused by dusts of silicates   // 302  // Complication of asbestos in the form of bronchial cancer  // 303   // Broncho-pulmonary ailments caused by dusts from sintered metals   // 304.01   // Extrinsic allergic alveolites  // 304.02   // Lung diseases caused by the inhalation of dusts and fibres from cotton, flax, hemp, jute, sisal and bagasse  // 304.03   // Respiratory ailments of an allergic nature caused by the inhalation of substances consistently recognized as causing allergies and inherent to the type of work  // 304.04   // Respiratory ailments caused by the inhalation of dust from cobalt, tin, barium and graphite   // 304.05  // Siderosis   // 305.01   // Cancerous diseases of the upper respiratory tract caused by dust from wood   // 4.  // Infectious and parasitic diseases:   // 401   // Infectious or parasitic diseases transmitted to man by animals or remains of animals   // 402   // Tetanus   // 403   // Brucellosis  // 404   // Viral hepatitis   // 405   // Tuberculosis  // 406   // Amoebiasis   // 5.   // Diseases caused by the following physical agents:   // 502.01   // Cataracts caused by heat radiation   // 502.02   // Conjunctival ailments following exposure to ultraviolet radiation   // 503   // Hypoacousis or deafness caused by noise   // 504   // Diseases caused by atmospheric compression or decompression  // 505.01   // Osteoarticular diseases of the hands and wrists caused by mechanical vibration   // 505.02   // Angioneurotic diseases caused by mechanical vibration   // 506.10  // Diseases of the periarticular sacs due to pressure  // 506.21   // Diseases due to overstraining of the tendon sheaths   // 506.22   // Diseases due to overstraining of the peritendineum   // 506.23   // Diseases due to overstraining of the muscular and tendonous insertions   // 506.30   // Meniscus lesions following extended periods of work in a kneeling or squatting position   // 506.40   // Paralysis of the nerves due to pressure   // 507   // Miner's nystagmus   // 508  // Diseases caused by ionizing radiation  ANNEX II  ADDITIONAL LIST OF DISEASES SUSPECTED OF BEING OCCUPATIONAL IN ORIGIN WHICH SHOULD BE SUBJECT TO NOTIFICATION AND WHICH MAY BE CONSIDERED AT A LATER STAGE FOR INCLUSION IN ANNEX I TO THE EUROPEAN SCHEDULE  1.2.3 // 2.1.   // Diseases caused by the following chemical agents:   //   //   //   // EEC No   // 2.101   // Ozone   // -   // 2.102   // Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I   // -   // 2.103  // Diphenyl   // -   // 2.104   // Decalin   // -   // 2.105  // Aromatic acids - aromatic anhydrides   // -   // 2.106  // Diphenyl oxide   // -   // 2.107   // Tetrahydrophurane  // 603 025 000   // 2.108   // Thiopene   // -   // 2.109  // Methacrylonitrile   // 608 001 003   //   // Acetonitrile  // -   // 2.110   // Hydrogen sulphide   // 016 001 004  // 2.111   // Thioalcohols   // -   // 2.112   // Mearcaptans and thioethers   // -   // 2.113   // Thallium or compounds thereof   // 081 002 009   // 2.114   // Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I   // -   // 2.115   // Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I  // -   // 2.116   // Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I   // -  // 2.117   // Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I   // -   // 2.118  // Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I   // -   // 2.119   // Furfural  // 605 010 004   // 2.120   // Thiophenols or counterparts or halogenated derivatives thereof   // -   // 2.121   // Silver  // -   // 2.122   // Selenium   // 034 002 008   // 2.123  // Copper   // -   // 2.124   // Zinc   // -   // 2.125  // Magnesium   // -   // 2.126   // Platinum   // -   // 2.127   // Tantalum   // -   // 2.128   // Titanium   // -   // 2.129   // Terpenes   // -   // 2.130   // Boranes   // -   // 2.140  // Diseaes caused by inhaling nacre dust   //   // 2.141  // Diseases caused by hormonal substances   //   // 2.150  // Dental caries associated with work in the chocolate, sugar and flour industries   //   // 2.2.   // Skin diseases caused by substances and agents not included under other headings:  //  // 2.201   // Allergic and orthoallergic skin ailments not recognized in Annex I  //  // 2.3.   // Diseases caused by inhaling substances not included under other headings:  //  // 2.301   // Pulmonary fibroses due to metals not included in the European schedule  //  // 2.302  // Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof  //  // 2.303   // Broncho-pulmonary ailments and cancers associated with exposure to the following:  //  //  // - soot,  //  //  // - tar,  //  //  // - bitumen,  //  //  // - pitch,  //  //  // - anthracene or compounds thereof,   //   //   // - mineral and other oils   //   // 2.304   // Broncho-pulmonary ailments caused by man-made mineral fibres  //  // 2.305  // Broncho-pulmonary ailments caused by synthetic fibres  //  // 2.306   // Broncho-pulmonary ailments caused by dusts from basic slags  //  // 2.4.   // Infectious and parasitic diseases not described in Annex I:  //  // 2.401   // Parasitic diseases  //  // 2.402   // Tropical diseases  //  // 2.403  // Infectious diseases, not included in Annex I, of workers engaged in disease prevention, health care, domiciliary assistance or laboratory work and other activities where a risk of infection exists  //  // 2.5.   // Avulsion due to overstraining of the spinous processes  ANNEX III  THE SITUATION IN THE MEMBER STATES  This Annex was adopted in 1989 and is for guidance only, as the situation is in constant development. It will be updated when the Commission presents its report on the impact of the present recommendation in accordance with Item 4 of the explanatory memorandum.  I. Belgium  Belgium has a list of occupational diseases carrying entitlement to compensation.  The occupational diseases are broken down into the following categories:  1. caused by chemical agents;  2. caused by physical agents;  3. caused by biological agents;  4. of the skin due to various causes;  5. of the respiratory tract due to various causes.  Furthermore, Belgium has lists of 'occupational' diseases not carrying entitlement to compensation, but which are now being studied with a view to possible inclusion in the list of occupational diseases carrying entitlement to compensation.  The mixed system of compensation is not used in Belgium.  2. Denmark  The list of occupational diseases contains seven categories:  1. occupational diseases caused by chemical agents (Category A);  2. occupational diseases of the skin caused by substances or agents which do not come under other headings (Category B);  3. occupational diseases caused by the inhalation of substances or agents which do not come under other headings (Category C);  4. infectious or parasitic occupational diseases (Category D);  5. occupational diseases caused by physical agents (Category E);  6. initial stages of malignant aliments caused by organic compounds (Category F);  7. dental or periodontal diseases (Category G).  The mixed system of compensation is used.  3. Federal Republic of Germany  The list of occupational diseases carrying entitlement to compensation contains six categories:  1. diseases caused by chemical agents;  2. diseases caused by physical agents;  3. diseases caused by biological agents;  4. respiratory tract and lung diseases;  5. skin diseases;  6. diseases not covered in the above.  Total: 59 occupational diseases carrying entitlement to compensation.  A mixed system is used on the basis of specific conditions governing compensation.  4. Greece  The list of occupational diseases carrying entitlement to compensation contains five categories:  1. (a) poisoning and allergies caused by 13 listed chemical substances;  (b) skin diseases caused by chromium and cement;  2. parasitic and contagious diseases;  3. (a) diseases caused by physical agents;  (b) miners' diseases;  4. skin diseases;  5. lung diseases.  Total: 52 occupational diseases carrying entitlement to compensation.  The mixed system of compensation is not used. 5. Spain  The list of occupational diseases carrying entitlement to compensation contains six categories:  - diseases caused by chemical agents,  - diseases of the skin caused by agents which do not come under other headings:  - skin cancers,  - other skin diseases of occupational origin,  - pneumoconioses,  - infectious and parasitic diseases,  - diseases caused by physical agents,  - diseases not classifiable under other headings.  Total: 71 occupational diseases carrying entitlement to compensation.  The mixed system is not used.  6. France  For the general scheme for employees, there are 91 occupational disease tables, which are not broken down by the agents responsible but by disease families and the products or agents responsible. Compensation for occupational diseases is on a flat-rate basis, but employees are given the benefit of the assumption that their disease is attributable to work if it meets the conditions set out in each table (symptoms of the disease, products or agents, period required for recognition, work involving exposure, and occasionally duration of exposure).  There is a mixed system for recognition and compensation in the case of pneumoconioses, with the procedure involving an approved doctor or a board of three specialists.  A claim for compensation (not limited to a flat-rate) can be made in respect of any disease not covered by the tables by invoking the liability of the employer.  There is also a schedule for occupational diseases containing 47 tables for farmers and farm employees. It effectively corresponds largely to the first schedule, but with special features owing to the particular nature of the risks covered.  A total of 300 symptoms or groups of symptoms carry entitlement to compensation under the general scheme for employees and nearly the same number is covered by the farm scheme. New tables are established or the existing ones are revised when it is found, as a result of epidemiological study, that a new type of disease is, almost certainly, occupationally induced. Furthermore, consideration is being given to the extension of the mixed system.  7. Ireland  The classification of occupational diseases is divided into four categories (A, B, C and D):  A: diseases caused by physical agents (14 diseases),  B: diseases caused by biological agents (10 diseases),  C: diseases caused by chemical agents (29 diseases),  D: diseases with various causes other than those above (three diseases).  Total: 56 occupational diseases carrying entitlement to compensation; seven further occupational diseases have carried entitlement to compensation since 1985.  A mixed system of compensation exists only for certain respiratory diseases, including certain pneumoconioses, respiratory and skin diseases.  8. Italy  There are two lists of occupational diseases:  - one list covering occupational diseases in industry,  - one list covering occupational diseases in agriculture.  The first list contains 49 headings carrying entitlement to compensation not classified by agents responsible.  The second list contains 21 occupational diseases in agriculture carrying entitlement to compensation not classified by agents responsible.  Total: 70 occupational diseases carrying entitlement to compensation.  The system of compensation is currently being amended.  9. Luxembourg  The list of occupational diseases carrying entitlement to compensation contains six categories:  1. diseases caused by chemical agents;  2. diseases caused by physical agents;  3. diseases caused by biological agents;  4. respiratory tract and lung diseases (including pneumoconioses);  5. skin diseases;  6. diseases covered in the above.  Total: 55 occupational diseases carrying entitlement to compensation.  The mixed system is used on the basis of specific conditions governing compensation. 10. Netherlands  In the Netherlands the European Schedule of Occupational Diseases is used as a basic reference document for the diagnosis, reporting and registration of occupational diseases, provided, however, that there is a cause-and-effect link between the disease and the occupational activity. Under the Dutch social security system all cases of disease or incapacity for work give rise to compensation, regardless of the cause.  The form this compensation takes does not depend on whether the disease is occupational in origin or not.  11. Portugal  There are two groups of occupational diseases:  (a) The diseases contained in a list published by the relevant Ministry, which is based on the French list and contains 89 tables of diseases giving the causal agent, the type of disease caused, the recognition period and a list of the main activities responsible. These occupational diseases are divided into seven categories:  1. poisoning;  2. lung ailments;  3. dermatoses;  4. diseases caused by physical agents;  5. diseases caused by biological agents;  6. tumours;  7. mucous membrane allergies.  (b) Injuries, functional disorders or diseases not included in the above list for which no compensation will be obtained unless a link is established between the activity carried out by the worker and the ailment caused (mixed system).  12. United Kingdom  The list of occupational diseases contains four categories (A, B, C and D):  A: diseases caused by physical agents (11 diseases);  B: diseases caused by biological agents (nine diseases);  C: diseases caused by chemical agents (29 diseases);  D: diseases with various causes which do not come under the above categories (10 diseases).  Total: 59 occupational diseases carrying entitlement to compensation.  There is no mixed system of compensation, except in the case of industrial accidents and certain specific diseases.502.01  Cataracts caused by heat radiation  502.02  Conjunctival ailments following exposure to ultraviolet radiation  503  Hypoacousis or deafness caused by noise  504  Diseases caused by atmospheric compression or decompression  505.01  Osteoarticular diseases of the hands and wrists caused by mechanical vibration  505.02  Angioneurotic diseases caused by mechanical vibration  506.10  Diseases of the periarticular sacs due to pressure  506.21  Diseases due to overstraining of the tendon sheaths  506.22  Diseases due to overstraining of the peritendineum  506.23  Diseases due to overstraining of the muscular and tendonous insertions  506.30  Meniscus lesions following extended periods of work in a kneeling or squatting position  506.40  Paralysis of the nerves due to pressure  507  Miner's nystagmus  508  Diseases caused by ionizing radiation  ANNEX II  ADDITIONAL LIST OF DISEASES SUSPECTED OF BEING OCCUPATIONAL IN ORIGIN WHICH SHOULD BE SUBJECT TO NOTIFICATION AND WHICH MAY BE CONSIDERED AT A LATER STAGE FOR INCLUSION IN ANNEX I TO THE EUROPEAN SCHEDULE  1.2.32.1 .  Diseases caused by the following chemical agents :   //  //  //  EEC No  2.101  Ozone  _  2.102  Aliphatic hydrocarbons other than those referred to under heading 1.116 of Annex I  _  2.103  Diphenyl  _  2.104  Decalin  _  2.105  Aromatic acids _ aromatic anhydrides  _  2.106  Diphenyl oxide  _  2.107  Tetrahydrophurane  603 025 000  2.108  Thiopene  _  2.109  Methacrylonitrile  608 001 003   //  Acetonitrile  _  2.110  Hydrogen sulphide  016 001 004  2.111  Thioalcohols  _  2.112  Mearcaptans and thioethers  _  2.113  Thallium or compounds thereof  081 002 009  2.114  Alcohols or their halogenated derivatives not referred to under heading 1.118 of Annex I  _  2.115  Glycols or their halogenated derivatives not referred to under heading 1.119 of Annex I  _  2.116  Ethers or their halogenated derivatives not referred to under heading 1.120 of Annex I  _  2.117  Ketones or their halogenated derivatives not referred to under heading 1.121 of Annex I  _  2.118  Esters or their halogenated derivatives not referred to under heading 1.122 of Annex I  _  2.119  Furfural  605 010 004  2.120  Thiophenols or counterparts or halogenated derivatives thereof  _  2.121  Silver  _  2.122  Selenium  034 002 008  2.123  Copper  _  2.124  Zinc  _  2.125  Magnesium  _  2.126  Platinum  _  2.127  Tantalum  _  2.128  Titanium  _  2.129  Terpenes  _  2.130  Boranes  _  2.140  Diseaes caused by inhaling nacre dust   //  2.141  Diseases caused by hormonal substances   //  2.150  Dental caries associated with work in the chocolate, sugar and flour industries   //  2.2 .  Skin diseases caused by substances and agents not included under other headings :  2.201  Allergic and orthoallergic skin ailments not recognized in Annex I  2.3 .  Diseases caused by inhaling substances not included under other headings :  2.301  Pulmonary fibroses due to metals not included in the European schedule  2.302  Broncho-pulmonary ailments caused by dusts or fumes from aluminium or compounds thereof  2.303  Broncho-pulmonary ailments and cancers associated with exposure to the following :  _ soot,  _ tar,  _ bitumen,  _ pitch,  _ anthracene or compounds thereof,   //  //  _ mineral and other oils   //  2.304  Broncho-pulmonary ailments caused by man-made mineral fibres  2.305  Broncho-pulmonary ailments caused by synthetic fibres  2.306  Broncho-pulmonary ailments caused by dusts from basic slags  2.4 .  Infectious and parasitic diseases not described in Annex I :  2.401  Parasitic diseases  2.402  Tropical diseases  2.403  Infectious diseases, not included in Annex I, of workers engaged in disease prevention, health care, domiciliary assistance or laboratory work and other activities where a risk of infection exists  2.5 .  Avulsion due to overstraining of the spinous processes  ANNEX III  THE SITUATION IN THE MEMBER STATES  This Annex was adopted in 1989 and is for guidance only, as the situation is in constant development . It will be updated when the Commission presents its report on the impact of the present recommendation in accordance with Item 4 of the explanatory memorandum .  I . Belgium  Belgium has a list of occupational diseases carrying entitlement to compensation .  The occupational diseases are broken down into the following categories :  1 . caused by chemical agents;  2 . caused by physical agents;  3 . caused by biological agents;  4 . of the skin due to various causes;  5 . of the respiratory tract due to various causes .  Furthermore, Belgium has lists of "occupational' diseases not carrying entitlement to compensation, but which are now being studied with a view to possible inclusion in the list of occupational diseases carrying entitlement to compensation .  The mixed system of compensation is not used in Belgium .  2 . Denmark  The list of occupational diseases contains seven categories :  1 . occupational diseases caused by chemical agents ( Category A );  2 . occupational diseases of the skin caused by substances or agents which do not come under other headings ( Category B );  3 . occupational diseases caused by the inhalation of substances or agents which do not come under other headings ( Category C );  4 . infectious or parasitic occupational diseases ( Category D );  5 . occupational diseases caused by physical agents ( Category E );  6 . initial stages of malignant aliments caused by organic compounds ( Category F );  7 . dental or periodontal diseases ( Category G ).  The mixed system of compensation is used .  3 . Federal Republic of Germany  The list of occupational diseases carrying entitlement to compensation contains six categories :  1 . diseases caused by chemical agents;  2 . diseases caused by physical agents;  3 . diseases caused by biological agents;  4 . respiratory tract and lung diseases;  5 . skin diseases;  6 . diseases not covered in the above .  Total : 59 occupational diseases carrying entitlement to compensation .  A mixed system is used on the basis of specific conditions governing compensation .  4 . Greece  The list of occupational diseases carrying entitlement to compensation contains five categories :  1 . ( a ) poisoning and allergies caused by 13 listed chemical substances;  ( b ) skin diseases caused by chromium and cement;  2 . parasitic and contagious diseases;  3 . ( a ) diseases caused by physical agents;  ( b ) miners' diseases;  4 . skin diseases;  5 . lung diseases .  Total : 52 occupational diseases carrying entitlement to compensation .  The mixed system of compensation is not used .  5 . Spain  The list of occupational diseases carrying entitlement to compensation contains six categories :  _ diseases caused by chemical agents,  _ diseases of the skin caused by agents which do not come under other headings :  _ skin cancers,  _ other skin diseases of occupational origin,  _ pneumoconioses,  _ infectious and parasitic diseases,  _ diseases caused by physical agents,  _ diseases not classifiable under other headings .  Total : 71 occupational diseases carrying entitlement to compensation .  The mixed system is not used .  6 . France  For the general scheme for employees, there are 91 occupational disease tables, which are not broken down by the agents responsible but by disease families and the products or agents responsible . Compensation for occupational diseases is on a flat-rate basis, but employees are given the benefit of the assumption that their disease is attributable to work if it meets the conditions set out in each table ( symptoms of the disease, products or agents, period required for recognition, work involving exposure, and occasionally duration of exposure ).  There is a mixed system for recognition and compensation in the case of pneumoconioses, with the procedure involving an approved doctor or a board of three specialists .  A claim for compensation ( not limited to a flat-rate ) can be made in respect of any disease not covered by the tables by invoking the liability of the employer .  There is also a schedule for occupational diseases containing 47 tables for farmers and farm employees . It effectively corresponds largely to the first schedule, but with special features owing to the particular nature of the risks covered .  A total of 300 symptoms or groups of symptoms carry entitlement to compensation under the general scheme for employees and nearly the same number is covered by the farm scheme . New tables are established or the existing ones are revised when it is found, as a result of epidemiological study, that a new type of disease is, almost certainly, occupationally induced . Furthermore, consideration is being given to the extension of the mixed system .  7 . Ireland  The classification of occupational diseases is divided into four categories ( A, B, C and D ):  A : diseases caused by physical agents ( 14 diseases ),  B : diseases caused by biological agents ( 10 diseases ),  C : diseases caused by chemical agents ( 29 diseases ),  D : diseases with various causes other than those above ( three diseases ).  Total : 56 occupational diseases carrying entitlement to compensation; seven further occupational diseases have carried entitlement to compensation since 1985 .  A mixed system of compensation exists only for certain respiratory diseases, including certain pneumoconioses, respiratory and skin diseases .  8 . Italy  There are two lists of occupational diseases :  _ one list covering occupational diseases in industry,  _ one list covering occupational diseases in agriculture .  The first list contains 49 headings carrying entitlement to compensation not classified by agents responsible .  The second list contains 21 occupational diseases in agriculture carrying entitlement to compensation not classified by agents responsible .  Total : 70 occupational diseases carrying entitlement to compensation .  The system of compensation is currently being amended .  9 . Luxembourg  The list of occupational diseases carrying entitlement to compensation contains six categories :  1 . diseases caused by chemical agents;  2 . diseases caused by physical agents;  3 . diseases caused by biological agents;  4 . respiratory tract and lung diseases ( including pneumoconioses );  5 . skin diseases;  6 . diseases covered in the above .  Total : 55 occupational diseasescarrying entitlement to compensation .  The mixed system is used on the basis of specific conditions governing compensation .  10 . Netherlands  In the Netherlands the European Schedule of Occupational Diseases is used as a basic reference document for the diagnosis, reporting and registration of occupational diseases, provided, however, that there is a cause-and-effect link between the disease and the occupational activity . Under the Dutch social security system all cases of disease or incapacity for work give rise to compensation, regardless of the cause .  The form this compensation takes does not depend on whether the disease is occupational in origin or not .  11 . Portugal  There are two groups of occupational diseases :  ( a ) The diseases contained in a list published by the relevant Ministry, which is based on the French list and contains 89 tables of diseases giving the causal agent, the type of disease caused, the recognition period and a list of the main activities responsible . These occupational diseases are divided into seven categories :  1 . poisoning;  2 . lung ailments;  3 . dermatoses;  4 . diseases caused by physical agents;  5 . diseases caused by biological agents;  6 . tumours;  7 . mucous membrane allergies .  ( b ) Injuries, functional disorders or diseases not included in the above list for which no compensation will be obtained unless a link is established between the activity carried out by the worker and the ailment caused ( mixed system ).  12 . United Kingdom  The list of occupational diseases contains four categories ( A, B, C and D ):  A : diseases caused by physical agents ( 11 diseases );  B : diseases caused by biological agents ( nine diseases );  C : diseases caused by chemical agents ( 29 diseases );  D : diseases with various causes which do not come under the above categories ( 10 diseases ).  Total : 59 occupational diseases carrying entitlement to compensation .  There is no mixed system of compensation, except in the case of industrial accidents and certain specific diseases .


title: Commission recommendation No 120/78/ECSC of 18 January 1978 imposing a provisional anti-dumping duty on certain sheets and plates, of iron or steel, originating in Czechoslovakia

text:
24 . 1 . 78                             Official Journal of the European Communities                                  No L 19/7
                              COMMISSION RECOMMENDATION No 120/ 78 / ECSC
                                                        of 18 January 1978
                 imposing a provisional anti-dumping duty on certain sheets and plates, of iron
                                            or steel , originating in Czechoslovakia
THE COMMISSION OF THE EUROPEAN                                       Czechoslovakia having risen from 43 000 tons to
COMMUNITIES,                                                         approximately 120 000 tons in the same period and
                                                                     that, as a result, they have been able to acquire a
Having regard to the Treaty establishing the European                market share of over 10 % in total and approximately
Coal and Steel Community, and in particular Articles                 1 -2 % for imports originating in Czechoslovakia, in
74 and 86 thereof,                                                   the markets most particularly concerned, that is
                                                                     France and Italy and that, on the other hand, the
Having regard to Commission recommendation                           Community steel industry is in a crisis situation char
77/329/ ECSC on protection against dumping or the                    acterized by a reduction of about 1 1 % in the produc
granting of bounties or subsidies by countries which                 tion of these products between 1974 and 1977 in the
are not members of the European Coal and Steel                       Community and by a reduction in employees from
Community ('), as amended by recommendation No                       780 000 to 720 000 between 1974 and 1977 and by
3004/77/ ECSC (2), and in particular Articles 15 and 19              short-time working and that, as a result, the Commu
thereof,                                                             nity steel industry recorded serious losses in most of
                                                                     the firms concerned ;
Having heard the opinions expressed within the Advi
sory Committee provided for by recommendation
77 / 329 / ECSC ,                                                    Whereas, in order to remedy this situation, the
                                                                     Commission has introduced, in particular, a system of
Whereas the Commission has received a complaint,                     guidance prices (4) for sales within the Community of
submitted in the name of the relevant Community                      certain steel products produced by the European steel
industry, setting out evidence as to the existence of                industry ;
dumping of certain sheets and plates, of iron or steel ,
originating in Czechoslovakia and certain other coun
tries and material injury resulting therefrom ;                      Whereas, the import prices into the Community of
                                                                     products originating in Czechoslovakia are consider
Whereas the Commission has published basis                           ably lower than these guidance prices and that such
prices (3) based on the lowest normal prices or costs of             undercutting prevents the European producers from
 production in the supplying countries where normal                  achieving the guidance prices and jeopardizes the
conditions of competition prevail, including the costs               equilibrium of the entire pricing system and threatens
of transport, insurance and customs duties ;                         to cause material injury to the Community industry or
                                                                     to a major part of it ;
Whereas the prices of imports into the Community of
the products which are the subject of the complaint
 have been compared with these basis prices ;                        Whereas immediate action has been requested by a
                                                                     Member State ;
Whereas a preliminary examination of the matter
 based on this comparison shows that these products,
                                                                     Whereas, in the serious conditions being experienced
originating in Czechoslovakia are offered for import
within the Community (the British market) at prices                  by the Community steel industry, the interests of the
                                                                      Community require immediate action ;
 lower than the basis prices and that dumping has
 taken place, the margin of which is constituted by this
undercutting ;                                                       Whereas it is for the Commission, without prejudice
                                                                      to the results of the investigation opened in accor
 Whereas, with regard to injury to the industry                       dance with Article 1 1 of recommendation 77/ 329/
 concerned , the evidence submitted to the Commis                    ECSC, to decide promptly to apply provisional
 sion shows that, on the one hand, imports into the                   measures consisting of the imposition of a provisional
 Community of the products increased globally from                    anti-dumping duty on imports of the products
 560 000 tons to approximately 1 350 000 tons                         concerned originating in Czechoslovakia, the rate of
 between 1974 and 1977, imports originating in                       which corresponds to the difference between the basis
                                                                      price published by the Commission for this product
 (') OJ No L 1 14, 5 . 5 . 1977, p. 6 .                              and its price on importation into the Community,
 (2 ) OJ No L 352, 31 . 12 . 1977, p . 13 .
 (3 ) cf. Communication from the Commission of 31
      December 1977 concerning the basis prices of certain           (4) OJ No L 1 14, 5 . 5 . 1977, p. 1 ; OJ No C 174, 22. 7. 1977
      steel products, OJ No L 353 , 31 . 12. 1977, p. 1 .                and OJ No L 352, 31 . 12 . 19 77, p . 17.
 ---pagebreak--- No L 19/ 8                         Official Journal of the European Communities                             24 . 1 . 78
MAKES THE FOLLOWING RECOMMENDATION :                          tional upon the deposit of security for the amount of
                                                              the provisional duty.
                        Article 1
                                                                                Article 3
1 . A provisional anti-dumping duty is hereby
imposed on the following products originating in             This recommendation shall be notified to the Member
Czechoslovakia :                                              States .
— sheets and plates, of iron or steel, other than elec
                                                              It shall enter into force for each Member State on the
    trical, not further worked thaw cold-rolled, of a
    thickness of less than 3 mm,                              date of its publication in the Official Journal of the
                                                              European Communities.
— Common Customs Tariff subheading 73.13 B II b)
    and c),                                                   Without prejudice to the provisions of Article 18 of
— NIMEXE codes 73.13-43 , 45, 47 and 49 .                     recommendation 77/329/ ECSC, it shall apply until
                                                              the entry into force of an Act of the Commission
2. The amount of this duty shall be equal to the              either adopting definitive measures or extending the
amount by which the effective price (basic price plus         provisional duty, and in any event for a maximum
extras) established by contract, free frontier duty-paid,     period of three months.
is lower than the effective price (basic price plus
extras) published by the Commission for this product.
3 . The provisions in force for the collection of             Done at Brussels, 18 January 1978 .
customs duty shall apply to the collection of this duty.
                                                                                For the Commission
                        Article 2
                                                                                Wilhelm HAFERKAMP
The entry of the products described in Article 1 for
consumption within the Community shall be condi                                              Vice-President