Regulation 1996/385 - Protection against injurious pricing of vessels - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1996/385
Original proposal	COM(1995)473
CELEX number i	31996R0385

Avis juridique important

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Council Regulation (EC) No 385/96 of 29 January 1996 on protection against injurious pricing of vessels

Official Journal L 056 , 06/03/1996 P. 0021 - 0033

COUNCIL REGULATION (EC) No 385/96 of 29 January 1996 on protection against injurious pricing of vessels

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

• (1) 

  Whereas multilateral negotiations conducted under the auspices of the Organization for Economic Cooperation and Development led to the conclusion, on 21 December 1994, of an Agreement respecting normal competitive conditions in the commercial shipbuilding and repair industry (hereinafter referred to as 'the Shipbuilding Agreement`);

• (2) 

  Whereas it has been recognized in the framework of the Shipbuilding Agreement that the special characteristics of ship-purchase transactions have made it impractical to apply countervailing and anti-dumping duties, as provided under Article VI of the General Agreement on Tariffs and Trade (GATT) 1994, the Agreement on Subsidies and Countervailing Measures, and the Agreement on the Implementation of Article VI of GATT 1994 annexed to the Agreement establishing the World Trade Organization; whereas the need to provide for an effective means of protection against sales of ships below their normal value which cause injury has led to the conclusion of a Shipbuilding Injurious Pricing Code which, together with its Basic Principles, constitutes Annex III to the Shipbuilding Agreement (hereinafter referred to as 'the IPI Code`);

• (3) 

  Whereas the text of this IPI Code is mainly based on the Agreement on Implementation of Article VI of GATT 1994, but deviates from this Agreement when warranted by the specific nature of ship-purchase transactions; whereas it is therefore appropriate to transpose the language of the IPI Code into Community legislation, to the extent possible on the basis of the text of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Communities (3);

• (4) 

  Whereas the Shipbuilding Agreement and the legislative provisions deriving therefrom are of significant importance for Community law;

• (5) 

  Whereas, to maintain the balance of rights and obligations which the Shipbuilding Agreement establishes, action should be taken by the Community against any injuriously priced vessel whose sale at less than normal value causes injury to the Community industry;

• (6) 

  Whereas, vis-à-vis shipbuilders from Parties to the Shipbuilding Agreement, the sale of a vessel may be subject to an investigation by the Community only when the buyer of the vessel is a Community buyer, and provided the ship is not a military vessel;

• (7) 

  Whereas it is desirable to lay down clear and detailed rules on the calculation of normal value; whereas in particular such value should where possible be based on a representative sale of a like vessel in the ordinary course of trade in the exporting country; whereas it is expedient to define the circumstances in which a domestic sale may be considered to be made at a loss and may be disregarded and in which recourse may be had to sale of a like vessel to a third country or to constructed normal value; whereas it is also desirable to provide for a proper allocation of costs, even in start-up situations; whereas it is also necessary, when constructing normal value, to indicate the methodology that is to be applied in determining the amounts for selling, general and administrative costs and the profit margin that should be included in such value;

• (8) 

  Whereas, in order to be able to apply correctly the new instrument for...

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