Brussels, 13/10/2000 (Agence Europe) - The Council has amended the EU anti-dumping regulation (No384/96) in the aim of extending the special "market economy" regime to a group of former Communist countries and to decide from now on that this regime will be automatically granted to all countries that will become members of the World Trade Organisation (WTO). The advantage of this classification is that, in the event of inquiry, the data used for determining the existence of dumping practices and their magnitude are founded on the situation in the country itself and not in relation to the sitaution in another third market economy country. Exporters therefore have the possibility of proving that they operate under market economy conditions and not State economy conditions.
The seven countries concerned by this measure are: a) three countries that have already carried out sufficient reforms to be considered "market economy" countries even if they are still in the transition stage, namely Ukraine, Kazakhstan and Vietnam; b) four countries that are members of the WTO (World Trade Organisation) and which are therefore subject to the rules of this organisation, namely Albania, Georgia, Mongolia and Kyrgyzstan.
The "market economy" regime had been introduced in 1998 In favour of Russia and China. It is confirmed for these two countries, and henceforth it will be automatically applied to all the countries "in transition" at the time when they are admitted to the WTO.
At the same time, the Council decided to reexamine the criteria of "individual treatment" for companies in antidumping affairs.
The regime in question provides, in anti-dumping procedures, for producers and exporters to have the possibility to prove, on a case by case basis, that their production costs and their prices are not influenced by the State. Consequently, the "normal value" of their products (which serves as a basis for evaluating the possible existence of dumping practices) is calculated on the basis of real manufacturing costs and prices. Failing proof, the "normal value" is calculated on the basis of costs and prices in another third market economy country, having a comparable economic situation.
The new regulation came into force on 12 October and applies to all the anti-dumping procedures open after this date. It is published in the Official Journal N.L/257.
In the meantime, the Council defined its "common position" in favour of Oman's WTO membership, a position that will be presented to Geneva by the European Commission.