52003XC0813(01)

Notice on the consequences of Severe Acute Respiratory Syndrome (SARS) on anti-dumping and anti-subsidy investigations

(2003/C 191/02)

1. Background

Article 16 of Council Regulation (EC) No 384/96 of 22 December 1995(1) on protection against dumped imports from countries not members of the European Community and Article 26 of Council Regulation (EC) No 2026/97 of 6 October 1997(2) on protection against subsidised imports from countries not members of the European Community (the basic Regulations) state that "the Commission shall, where it considers it appropriate, carry out visits to examine the records of importers, exporters, traders, agents, producers, trade associations and organizations and to verify information provided on dumping and injury".

In view of the significant threat of SARS transmission, the Commission has decided not to conduct any verification visits by Commission officials to areas with recent local transmission of SARS. A list of such areas is published by the World Health Organisation (WHO) and updated on a regular basis.

2. Impact of SARS on anti-dumping and anti-subsidy investigations

Since information provided by exporting producers located in the affected SARS areas will thus not be subject to verification on spot, the Commission will have to base its findings on the verified or other proven facts on the record of the investigation.

Therefore, the Commission will carefully examine, inter alia, the following information when making its finding with respect to the imports under investigation:

- the complaint and the verified information contained therein submitted on behalf of the Community industry pursuant to Articles 5 or 10 of the respective basic Regulations,

- the information submitted pursuant to Articles 6(2) or 11(2) of the respective basic Regulations by other interested parties, in particular exporting producers, which can be properly verified by the Commission services in Brussels.

In this respect, the utmost cooperation will be required from interested parties, in particular in providing information which is sufficiently detailed, can be cross-checked from independent and verifiable sources and is fully and properly certified. If such necessary information cannot be provided by interested parties, the Commission will have to make its findings on the basis of the facts available in accordance with Articles 18 and 28 of the respective basic Regulations.

In this context, the Commission will take particular care that due process and transparency requirements are observed.

3. Duration and review

The situation during which no verification visits will take place, will only last until the affected areas have been taken off the WHO list. This list can be consulted on the WHO web site: www.who.int

If in the course of an investigation, affected areas are no longer considered restricted zones for travelling, verification visits will again be carried out provided this is still feasible in view of the deadlines applicable to investigations.

In the case where an investigation has been concluded and definitive measures were imposed on the basis of the facts available, the Commission may, as soon as affected areas are no longer considered restricted zones for travelling, initiate on its own initiative a review pursuant to Article 11(3) or Article 19(1) of the basic Regulations.

Parties concerned may wish to comment on the abovementioned approach. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union and must be made in writing to: European Commission J-79 5/16 B - 1049 Brussels Fax (32-2) 295 65 05 Telex COMEU B 21877.

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).

(2) OJ L 288, 21.10.1997, p. 1, as last amended by Regulation (EC) No 1973/2002 (OJ L 305, 7.11.2002, p. 3).