24. 3. 86 Official Journal of the European Communities No L 78/1 (Acts whose publication is obligatory) 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 THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Act of Accession of Spain and Portugal, and in particular Article 380 thereof, Having regard to the proposal from the Commission, Whereas Article 380 of the Act of Accession of Spain and Portugal provides that the procedures for applying the Article shall be adopted by the Council upon accession ; Whereas it is necessary to interpret basic concepts such as dumping, normal value and injury and to lay down the procedures to be followed in the determination of dumping and the imposition of anti-dumping duties; Whereas it is desirable that the rules for determining normal value should be presented clearly and in sufficient detail ; whereas it should be specifically provided that where sales on the domestic market of the country of export or origin do not for any reason form a proper basis for determining the existence of dumping, recourse may be had to a constructed normal value; whereas it is appropriate to give examples of situations which may be considered as not representing the ordinary course of trade, in particular where a product is sold at prices which are less than the costs of production, or where transac- tions take place between parties which are associated or which have a compensatory arrangement; whereas it is appropriate to list the possible methods of determining normal value in such circumstances ; Whereas it is expedient to define the export price and to enumerate the necessary allowances to be made in those cases where reconstruction of this price from the first open-market price is deemed appropriate ; Whereas, for the purpose of ensuring a fair comparison between export price and normal value, it is advisable to establish guidelines for determining the allowances to be made in respect of differences in physical characteristics, in quantities, in conditions and terms of sale and to draw attention to the fact that the burden of proof falls on any person claiming such allowances; Whereas the term ‘dumping margin’ should be clearly defined ; Whereas it is necessary to set out certain factors that may, be relevant for the determination of injury; Whereas it is necessary to lay down procedures for the lodging of complaints on behalf of an industry in the Community as constituted before 1 January 1986, here- inafter referred to as the ‘Community of Ten’, or in Spain or Portugal that considers itself injured or threatened by dumped imports originating from the Community of Ten or Spain and Portugal ; Whereas rules should be laid down for the lodging of complaints ; Whereas there should be cooperation between the Member States and the Commission both as regards infor- mation about the existence of dumping and injury resul- ting therefrom, and as regards the subsequent examina- tion of the matter in these cases; whereas, to this end, consultations should take place with the Member States concerned ; Whereas it is appropriate to lay‘down clearly the pro- cedure to be followed during investigations ; Whereas it should be made clear that, if information is to be treated as confidential, a request to that effect must be made by the supplier of the information and that the information may be disregarded unless a non-confidential summary is provided, where the information is suscep- tible of such summary; Whereas it is necessary to specify the content of the recommendations and authorizations that the Commis- sion may issue ;