No L 349/22 Official Journal of the European Communities 31. 12. 94 COUNCIL REGULATION (EC) No 3284/94 of 22 December 1994 on protection against subsidized imports from countries not members of the European Community 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 Regulations establishing the common organization of agricultural markets and the Regulations adopted pursuant to Articie 235 of the Treaty applicable to goods manufactured from agricultural products, and in particular the provisions of - those Regulations which allow for derogation from the general principle that protective measures at frontiers may be replaced solely by the measures provided for in those Regulations, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (1), Whereas, by Regulation (EEC) No 2423/88 (3), the Council adopted common rules for protection against dumped or subsidized imports from countries which are not members of the European Community; Whereas, these rules were adopted in accordance with existing international obligations, in particular those arising from Article VI of the General Agreement on Tariffs and Trade (‘the GATT’), from the Agreement qn Implementation of Article VI of the GATT (‘the 1979 Anti-Dumping Code’) and from the Agreement on Interpretation and Application of Articles VI, XVI and XXII of the GATT (‘the 1979 Subsidies Code’); Whereas, the conclusion of the Uruguay Round of multilateral trade negotiations has led to the establishment of the World Trade Organization (‘the WTO); Whereas, Annex 1A to the Agreement establishing the WTO (‘the WTO Agreement’) contains, inter alia, the General Agreement on Tariffs and Trade 1994 (‘the GATT 1994°), an Agreement on Agriculture (‘the Agreement on Agriculture’), a new Agreement on {(!) Opinion delivered on 14 December 1994 (not yet published " in the Official Journal). {3) OJ No L 209, 2. 8. 1988, p. 1. Regulation as amended by Regulation (EC) No 521/94 (O] No L 66, 10. 3. 1994, p. 7) and Regulation (EC) No 522/94 (O] No L 66, 10. 3. 1994, p. 10). ‘ implementation of Article VI of the GATT 1994 (‘the Anti-Dumping Agreement’), and a new Agreement on Subsidies and Countervailing Measures (‘the Subsidies Agreement’); Whereas, in order to reach greater transparency and effectiveness in the application by the Community of the rules laid down in the Anti-Dumping Agreement and the Subsidies Agreement respectively, it is considered necessary to adopt two separate Regulations which will lay down in sufficient detail the requirements for the application of each of these commercial defence instruments; Whereas, it is therefore appropriate to amend Community rules governing the application of countervailing measures in the light of the new multilateral rules, with regard inter alia to the procedures for initiation of proceedings and the conduct of subsequent investigations, including the establishment and treatment of the facts, the application of provisional measures, the imposition and collection of countervailing duties, the duration and review of countervailing measures, and the public disclosure of information relating to countervailing investigations; Whereas, in view of the extent of the changes brought about by the new Agreements and to ensure an adequate and transparent implementation of the new rules, it is appropriate to transpose the language of the new Agreements into Community legislation to the extent possible; " Whereas, furthermore, it seems advisable to explain, in adequate detail, when a subsidy shall be deemed to exist, according to which principles it shall be countervailable (in particular whether the subsidy has been granted specifically), and according to which criteria the amount of the countervailable subsidy is to be calculated; Whereas, it is clear that in determining the existence of a subsidy it is necessary to demonstrate that there has been a financial contribution by a government or any public authority within the territory of a country, or that there has been any form of income or price support in the sense of Article XVI of the GATT 1994, and that a benefit has thereby been conferred to the recipient enterprise; Whereas, it is necessary to explain in sufficient detail which kind of subsidies are not countervailable and which procedure shall be followed if during an investigation it is determined that an investigated enterprise has received non-countervailable subsidies;