11985I380

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Article 380

1 . If , before the expiry of the period of application of the transitional measures laid down under this Act for each case , the Commission , on application by a Member State or by any other interested party and in accordance with rules of procedure to be adopted upon accession by the Council acting by a qualified majority on a proposal from the Commission , finds that dumping is being practised between the Community as at present constituted and the new Member States or between the new Member States , it shall address recommendations to the person or persons with whom such practices originate for the purpose of putting an end to them .

Should the practices continue , the Commission shall authorize the injured Member State or States to take protective measures , the conditions and details of which the Commission shall determine .

2 . For the application of this Article to the products listed in Annex II to the EEC Treaty , the Commission shall evaluate all relevant factors , in particular the level of prices at which these products are imported into the market in question from elsewhere , account being taken of the provisions of the EEC Treaty relating to agriculture and in particular Article 39 .

3 . The measures adopted before accession under Regulation ( EEC ) No 2176/84 and Decision 2177/84/ECSC ) with regard to the new Member States , and those adopted before accession under the anti-dumping legislation of the new Member States with regard to the Community as at present constituted , shall remain provisionally in force and shall be re-examined by the Commission which shall decide whether to amend or repeal them . Such amendment or repeal shall be implemented by the Commission or the national authorities concerned , as the case may be . Proceedings instituted before accession in Spain , Portugal or in the Community as at present constituted shall be pursued in accordance with the provisions of paragraph 1 .