Indicadores de calidad de suelo

The common commercial policy, in Article 113, covers anti-dumping and anti-subsidy measures. The anti-dumping law of the EC is seen as one of the most important instruments of the CCP. The first EC anti-dumping regulation was enacted in 1968^^ as

^^F.T. ‘ Japanese agree to further cut in cars for EC Sep. 6 ,1 9 9 3 , p.6.

^^F.T. ' Japanese cars lose ground in Europe ’, July 14, 1994, p.2. The overall sales of car in the EC market have risen by 6.8% to 6.5m from 6.08m in the first half year of 1994. However, sales by Japanese carmakers, by contrast, have fallen by 5.8% to an estimated 712,000 depressing their share to 11% from 12.4% a year ago in the EC market.

^^GATT. BISD 30S/129.

^ Jackson, John H. The World Trading System: Law and Policy of International Economic Relations. (1989), at 129.

^^Reg.459/68 on protection against dumping of the granting of bounties or subsidies, by countries which are not members of the European Economic Community, OJ 1968, L93/1 (English Special Edition, 1968, p.80); as replaced by Reg.3017/79, OJ 1979, L339/1.

amended through Regulation 2423/88 of 11 July 1988^^, as partly amended.^^ In recent years, the relevant anti-dumping law and its practice has been subject to controversial public debates and external concerns.

Dumping is a form of price discrimination. Dumping is considered as the export at than

price of a produc^es^its normal value. Under GATT rules, dumping is not illegal as such. Article VI of the GATT condemns dumping only ‘ if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of domestic industry ’. In such cases, the contracting party may impose an anti-dumping duty. In accordance with GATT provisions, both the imposition of provisional duties and of definitive duties are contingent upon the establishment of dumping and of injury caused thereby. In other words, EC anti-dumping policy takes care to impose duties only to the level adequate to remove the injury. This level is usually lower than the full dumping margin. Dumping margins are defined as the difference by which the normal value of the product concerned ( for example, in the export’s domestic market ) exceeds the export prices. There is no substantial difference in the methods of calculation of normal value contained in the earlier basic Regulation 2176/84 governing anti-dumping procedures, and the present basic Regulation 2423/88.^® A constructed value can be taken in cases where no domestic normal value can compare. The constructed value includes all production cost, ‘a reasonable amount’ for selling, administrative and other general expenses, plus the average profit realized by the producer or exporter on the profitable sales of like products on the domestic market. With respect to state-trading countries, normal value is based on actual prices or constructed value of

^^Reg.2423/88 on protection against dumped or subsidized imports from not members of the European Economic Community, OJ 1988, L209/1.

^^Reg.521/94 on the introduction of time limits for investigation procedures carried out against dumped or subsidized imports from countries not members of the European Community and amending Regulation (EEC) No 2423/88, OJ 1994, L66/7; and Reg.522/94 on the streamlining of decision making procedures for certain Community instruments of commercial defence and amending Regulation (EEC) No 2641 and No 2423/88, OJ 1994, L66/10.

^^The Commission submits regulariy an annuai Report to the European Pariiament following the Resolution of 16 December 1981 on the Community’s anti-dumping activities, see OJ 1982, Cl 1/37. The Annual Report were given in COM (83) 519 finai/2; Com (84) 721 finai; COM (86) 308 finai; COM (87) 178 final; COM (88) 92 final; COM (89) 106 final; COM (90) 229 finai; SEC (91) 92 final; SEC (91) 974 final; SEC (92) 716 final; and COM (93) 156 final.

^^Art.VI GATT.

like products in a third market-economy country. As regards export prices, Regulation 2423/88 provides either for the use of actual prices or of constructed prices. The latter may be established when no export prices exist, when exporters and importers are associated, or when actual prices are considered unreliable for other reasons. In general, prices are constructed on the basis at which the products are first re-sold to an independent buyer.

Anti-dumping has become an important EC trade policy. Article 15 of Regulation 2176/84 contains a five years expiry requirement to prevent measures from remaining in force longer than necessary. However, this so-called sunset clause was amended by Regulation 2423/88. Under the amended provisions a notice of the impending expiry of the measure is still published within a period of six months prior to the end of the five year period and there is still a requirement to inform the relevant Community industry of the impending expiry. Where an interested party is subsequently able to demonstrate that the expiry of the measure would lead again to injury or the threat of injury, then for the purpose of greater legal certainty the Commission is required to publish, before the end of the five year period, a notice of intention to carry out a review of the measure. The measure then remains in force pending the outcome of the review. This amendment actually creates uncertainty for foreign exporters and possibly leads to a protectionist use.^^ The change for a quick decision-making procedure on 7 March 1994 for anti­ dumping action has further confirmed this impression. The ‘ qualified majority ’ for an anti-dumping measure provided in Article 11(6) and 12(1) and (2)(a) of Regulation 2423/88 was amended to a ‘ simple majority ’ to speed up anti-dumping decision making.^^