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Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply

article  8

CELEX:  31986R0812

Recommendations and undertakings
1. Where the facts indicate that there was dumping during the period covered by the investigation, and injury, the Commission may address to the party or parties who were the originators of the dumping recommendations that dumping be terminated, within the period it lays down, by means of a measure which eliminates the dumping margin or puts an end to the injury resulting therefrom.
2. The party or parties who are the originators of the dumping shall communicate, to the Commission, their undertakings to this effect before expiry of the period laid down.
3. Before addressing its recommendations to the enterprises, the Commission shall consult with the Member States concerned.
4. The Commission may require any party from whom an undertaking has been accepted to provide periodically information relevant to the fulfilment of the undertaking, and to permit verification of pertinent data. Non-compliance with such requirements shall be construed as a violation of the undertakings.
Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply

article  8

CELEX:  31986R0812

5. Where an undertaking has been withdrawn or the Commission has reason to believe that it has been violated, the Commission may, where the Community interest calls for such action, after consultations of the interested Member States and after having offered the exporter concerned an opportunity to comment, authorize the imposition of anti-dumping duties on the basis of the facts established before acceptance of the undertaking. Article 9 Protective measures Where the originator or originators of the dumping fail to comply with the recommendations of the Commission or fail to give an undertaking to this end within the period laid down, or fail to comply with such undertaking, the Commission shall authorize the injured Member State or Member States to introduce anti-dumping duties and shall define the conditions and procedures for such duties after consultation of the interested Member States.