G/ADP/N/1/EU/3/Suppl.3  
G/SCM/N/1/EU/2/Suppl.3  
 
2 July 2018 
(18-4138) Page: 1/23 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
 Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS  UNDER  
ARTICLES 18.5 AND 32 .6 OF THE AGREEMENTS  
EUROPEAN UNION 
Supplement  
The following communication, dated 22 June 2018, is being ci rculated at the request of the 
delegation of the European  Union.  
 
_______________  
 
 
In line with the obligations under Article 18.5 of the WTO Ant i-Dumping Agreement and 
Article  32.6 of the Agreement on Subsidies and Countervailing Measures to notify laws, regulations 
and administrative procedures to the Committee on Anti -Dumping Practice s and the Committee on 
Subsidies and Countervailing Measures respectively, the European Union (EU) hereby notifies the 
Committees:  
 
Regulation (EU) 2018/825 of the European Parliament and the Council of 30 May 2018 amends 
both:  
 
- Council Regulation (EC) No 2016/1036 on protection against dumped imports from 
countries not members of the European Community and  
 
- Council Regulation (EC) No 2016/1037 on protection against subsidised imports from 
countries not members of the European Community Regulation (EU ) 
 
You will find attached a copy of the published text.  
  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  Official Journal of the European Union  
L143 
 
I 
 
(Legislative acts)  
 
REGULATIONS  
 
REGULATION (EU) 2018/825 OF THE EUROPEAN  
PARLIAMENT AND OF THE COUNCIL  
 
of 30 May 2018  
 
amending Regulation (EU) 2016/1036 on protection against dumped imports from 
countries not members of the European Unio n and Regulation (EU) 2016/1037  
on protection against subsidis ed imports from countries not  
members of the European Union  
 
THE EUROPEAN PARLIAMENT AN D THE COUNCIL  OF THE EUROPEAN UNION,  
 
Having regard to the Treaty on the Functioning of the European U nion, and in particular 
Article  207(2) thereof,  
 
Having regard to the proposal from the European Commission,  
 
After transmission of the draft legislative a ct to the na tional parliaments,  
 
Acting in accordance with the ordinary legislative procedure1, 
 
Whereas:  
 
(1) The common rules for protection against dumped and subsidised imports from countries 
which are not members of the Union are containe d in Regulations (EU) 201 6/10362 and 
(EU) 2016/10373 of the European Parliament and the Council (hereinafter jointly referred to 
as the 'Regulations'). The Regulations were initially adopted in 1968 and last significantly 
amended in 1996 following the conclusion of the Uruguay Rou nd conducted within the 
framework of the General Agreement on Tariffs and Trade (GATT). Given that a number of 
amendments had been made to the Regulations since 1996, the legislators decided to codify 
the Regulations in the interest of clarity and rational ity. 
 
(2) While the Regulations have been amended and codified, there has not been a fundamental 
review of their functioning. The Commission launched a review of the Regulations in order, 
inter alia, to better reflect the needs of business at the beginning  of the 21st century.  
 
(3) Following that review, certain provisions of the Regulations should be amended in order to 
improve transparency and predictability, to provide for effective measures to fight against 
retaliation by third countries, to improve effectiveness and enforcement, and to optimise 
review practice. In addition, certain practices that have been applied  in recent years in the 
context of anti -dumping and countervailing duty investigations should be included in the 
Regulations.  
 
                                                
1 Position of the European Parliament of 16 April 2014 (OJ C 443, 22.12.2017, p.  934) and position of 
the Council at first reading of 16 April 2018 (not yet published in the Official Journal). Position of the European 
Parliament of 29 May 2018 (not yet published in the Official Journal).  
2 Regulation (EU) 2016/1036 of th e European Parliament and of the Council of 8 June 2016 on 
protection against dumped imports from countries not  members of the European Union (OJ L 176, 30.6.2016, 
p. 21). 
3 Regulation (EU) 2016/1037 of the Eur opean Pa rliament and of the Council of 8 June 2016 on 
protection against subsidised imports  from countries not members of the European Union ( OJ L 176, 
30.6.2016, p.  55). G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  (4) In order  to improve the transparency and predictability of anti -dumping and countervailing 
duty investigations, parties which will be affected by the imposition of provisional 
antidumping and countervailing measures, in particular importers, should be made aware o f 
the impending imposition of such measures. In addition, in investigations where it is not 
appropriate to impose provisional measures, it is desirable that parties are aware suff iciently 
in advance of such non -imposition. In order to limit the risk of a s ubstantial rise in imports 
in the  period of pre -disclosure, the Commission should register imports where possible. 
When providing for registration of imports during the period of pre -disclosure, it is necessary 
to consider that it requires a prospective an alysis of the risks associated and the likelihood 
that these circumstances would undermine the remedial effects of the measures. 
Furthermore, the Commission should collect additional statistical inform ation at the level of 
the Inte grated Tariff of the Euro pean Union (TARIC ) to ensure a proper factual basis of the 
analysis of the imports. Where registration is not possible, and a further substantial rise in 
imports takes place during the period of pre -disclosure, the Commission should reflect this 
additional  injury in the injury margin.  
 
(5) A short period of time in advance of the imposition of provisional measures should be 
allowed for exporters or producers to check the calculation of their individual dumping 
margin or amount of the countervailable subsidy  and the margin adequate to remove injury 
to the Union industry. Calculation errors could then be corrected in advance of the 
imposition of measures.  
 
(6) In order to ensure that measures to fight against retaliation are effective, Union producers 
should b e able to rely on the Regulations without fear of retaliation by third countries. 
Existing provisions, under special circumstances, provide for the initiation of an investigation 
without having received a complaint, where sufficient evidence exists of dump ing or 
countervailable subsidies, and of injury and causal link. Such special circumstances should 
include the threat of retaliation by third countries.  
 
(7) Where an investigation is not initiated by a complaint, the Commission should request Union 
produc ers to provide the information necessary for the investigation to proceed, in order to 
ensure that sufficient information is available for carrying out the investigation in case of 
threats  of retaliation by third countries.  
 
(8) Third countries increasingl y interfere in the trade of raw materials with a view to keeping 
raw materials in those countries for the benefit of domestic downstream users, for instance 
by imposing export taxes or operating dual pricing schemes. Such interference creates 
additional di stortions of trade. As a result, the costs of raw materials do not reflect the 
operation of normal market forces of supply and demand for a given raw material. As a 
result, Union producers are not only harmed by dumping, but suffer from additional 
distorti ons of trade compared to third -country downstream producers which engage in such 
practices. In order to adequately protect trade, due regard should be had to such distortions 
when determining the level of duties to be imposed.  
 
(9) The Commission should ve rify the existence of distortions on raw materials on the basis of 
the complaint received and the Organisation for Economic Co -operation and Development 
(OECD) 'Inventory on export restrictions on industrial raw materials' or any other OECD 
database which replaces that database and identifies distortions on raw materials.  
 
(10) Within the Union, countervailable subsidies are in principle  prohibited pursuant to 
Article  107(1) of the Treaty on the Functioning of the European Union (TFEU). Therefore, 
counterva ilable subsidies granted by third countries are particularly distortive of trade. The 
amount of State aid authorised by the Commission has steadily been reduced over time. 
When determining the level of countervailing measures, it is, in general, no longer possible 
to apply the lesser duty rule.  
 
(11) Where measures are not prolonged after the conclusion of an expiry review investigation 
because the conditions required for the continuation have not been found to exist during the 
investigation, duties collect ed during the investigation on goods that were customs -cleared 
should be reimbursed to  importers.  
 G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  (12) The Commission should initiate interim reviews, where appropriate, in cases where the 
Union industry faces increased costs resulting from higher social and environmental 
standards. Furthermore, the Commission should also initiate interim reviews in cases of 
changed circumstances in exporting countries relating to social and environmental 
standards. For instance, if a country under measures withdraws from multilateral 
environmental agreements, and protocols thereunder, to which the Union is a party, or from 
International Labour Organisation (ILO) Conventions listed in Annex Ia to the Regulations, 
the interim review investigation could result in the  withdraw al of acceptance of the 
undertakings in force. The scope of the review would depend on the precise nature of the 
change. Such interim reviews could be also initiated ex officio . 
 
(13) It is possible for the Commission to adopt interpretative notices provid ing general guidance 
to possible interested parties on the application of the Regulations. In accordance with the 
established case -law of the Court of Justice of the European Union, such notices are not 
legally binding and do not modify mandatory rules of Union  law. On the basis of the general 
principles of equal treatment and legitimate expectations, the Commission applies such 
notices but it cannot waive by their adoption the discretion it enjoys in the area of the 
common commercial policy. Prior to adopt ing such notices, the Commission should carry out 
consultations in line with Article  11(3) of the Treaty on European Union  (TEU). It is also 
possible for the European Parliament and the Council to express their views.  
 
(14) Union industry should no longer be defined by reference to the initiation thresholds set out 
in the Regulations.  
 
(15) The Commission should ensure that all interested parties have the best possible access to 
information by putting in place an information system whereby interested partie s are 
notified when new non -confidential information is added to the investigation files and by 
making such information accessible to those parties through a web -based platform.  
 
(16) In initial investigations where the dumping margin or the amount of the countervailable 
subsidy has been found to be less than the de minimis  thresholds, the investigation should 
be immediately terminated in relation to the exporters concerned and such exp orters will not 
be subject to subsequent review investigations.  
 
(17) The Commission should only accept an offer for an undertaking where it is satisfied, based 
on a prospective analysis, that it effectively eliminates the injurious effect of dumping.  
 
(18) Where the conditions exist for the initiation of an anti -circumvention investigation, imports 
should in all cases be made subject to registration.  
 
(19) Experience in anti -circumvention investigations has shown that, sometimes, although 
producers of the product concerned are found not to be engaged in circumvention practices 
themselves, they are found to be related to a producer that is subject to the original 
measures. In such cases, producers should not be denied an exemption merely on the 
grounds that they are related to a producer that is subject to the original measures. 
Therefore, the condition that in order to be granted an exemption from registration or 
extended duties, producers of the product concerned should not be related to any producer 
that i s subject to the original measures, should be removed. In addition, where the 
circumvention practice takes place in the Union, the fact that importers are related to 
producers that are subject to the measures should not be decisive in determining whether 
the importer may be granted an exemption.  
 
(20) Where the number of Union producers is so large that resort must be made to sampling, a 
sample of producers should be chosen from among all Union producers and not just those 
producers submitting the  complaint . 
 
(21) In cases of distortions on raw materials as identified in Article 7(2a) of 
Regulation  (EU) 2016/1036, as amended by this Regulation, the Commission should conduct 
a Union -interest test as laid out  in Article 7(2b) of that Regu lation. If the Commiss ion 
decides, when establishing the level of duties subject to Article 7 of that Regulation, to apply 
Article 7(2) of that Regulation, it should carry out the Union -interest test in accordance with G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  Article 21 of that Regulation on the basis of the measures determined pursuant to  
Article  7(2). 
 
(22) In applying the Union -interest test, the opportunity to provide comments should be given to 
all Union producers and not just those producers submitting the complaint.  
 
(23) The annual report by the Commission to t he European Parliament and to the Council on its 
implementation of the Regulations allows for the regular and timely monitoring of the trade 
defence instruments. There should be an exchange of views about that report in the 
European Parliament and such exc hange should also cover the functioning of the trade 
defence instruments. It should be possible for the Council to attend such  exchange.  
 
(24) The Commission should extend the application and collection of anti -dumping and 
countervailing duties to the cont inental shelf of a Member State or the exclusive economic 
zone declared by a Member State pursuant to the United Nations Convention on the Law of 
the Sea (UNCLOS), provided that the product subject to measures is used in any of both 
places with the purpose  of exploring or exploiting of the non -living natural resources of the 
seabed and its subsoil or in order to produce energy from the water, currents and winds, 
and provided that the product subject to measures is consumed there in significant 
quantities. T he intention to extend the application in that manner should be set out in the 
notice of initiation of proceedings, and should be supported by sufficient evidence in the 
request. In order to ensure uniform conditions for the implementation of this Regulati on, 
implementing powers should be conferred on the Commission to specify the arrangements 
for the application and collection of anti -dumping and countervailing duties. Those powers 
should be exercised in accordance with Regulation (EU) No  182/2011 of the E uropean 
Parliament and of the Council .4 
 
(25) In order to update the list identifying distortions on raw materials by adding further 
distortions on raw materials if the OECD 'Inventory on export restrictions on industrial raw 
materials', or any OECD databa se which replaces that inventory, identifies distortions on raw 
materials in addition to those included in the list, the power to adopt acts  in accordance with 
Article 290 TFEU should be delegated to the Commission in respect of amending the list of 
distor tions on raw materials referred to in Article 7(2a ) of Regulation (EU) 2016/1036. 
Furthermo re, in order to address appropriately a substantial rise in imports in the event it 
occurs during the period of pre -disclosure, the power to adopt acts in accordance  with 
Article  290 TFEU should be delegated to the Commission in respect of increasing or 
decreasing the duration of the pe riod of pre -disclosure. The period of pre -disclosure should 
be decreased if the substantial rise in imports occurs but the Commission is not able to 
address it. Nevertheless, if a substantial rise in imports has not occurred or if the 
Commission is able to address it, the period of pre­ disclosure should be increased in order 
to ensure predictability for Union operators. It is of particu lar imp ortance that the 
Commission carry out appropriate consultations during its preparatory work, including at 
expert level, and that those consultations be conducted in accordance with the principles laid 
down in the Interinstitutional - Agreement of 13  April 2016 on Be tter Law -Making .5 In 
particular, to ensure equal participation in the preparation of delegated acts, the European 
Parliament and the Council receive all documents at the same time as Member States' 
experts, and their experts systematically  have access to meetings of Commission expert 
groups dealing with the preparation of delegated acts.  
 
(26) Regulations (EU) 2016/1036 and (EU) 2016/1037 should therefore be amended  accordingly,  
 
HAVE ADOPTED THIS REGULATION:  
 
                                                
4 Regulation (EU) No  182/2011 of the European Parliament and of the Council of 16  February 2011 
laying down the rules and general principles concerning mechanisms for control by Member States of the 
Commission’s exercise of implementing powers ( OJ L 55, 28.2.2011, p.  13). 
5  OJ L 123, 12.5.2016, p.  1. G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  Article 1  
 
Regulation (EU) 2016/1036 is amended as follows:  
 
(1) in Article 4(1), the introductory wording is replaced by the  following:  
 
'1. For the purposes of this Regulation, the term "Union industry" shall be interpreted 
as referring to the Union producers as a whole of the lik e products or to those of them 
whose collective output of the products constitutes a major proportion of the total 
Union production of those products, except that:'.  
(2) Article 5 is amended as follows:  
 
(a) in paragraph 1, a subparagraph is inserted after  the first subparagraph as 
follows:  
'Complaints may also be submitted jointly by the Union industry, or by any natural or 
legal person or any association not having legal personality acting on behalf thereof, 
and trade unions, or be supported by trade unio ns. This does not affect the possibility 
for the Union industry to withdraw the  complaint.';  
(b) the following paragraph is inserted:  
'1a. The Commission shall facilitate access to the trade defence instrument for diverse 
and fragmented industry sectors, l argely composed of small and medium -sized 
enterprises (SMEs), through a dedicated SME Helpdesk, for example by awareness 
raising, by providing general information and explanations on procedures and on how 
to submit a complaint, by releasing standard questi onnaires in all official languages of 
the Union and by replying to general, non -case-specific queries.  
The SME Helpdesk shall make available standard forms for statistics to be submitted 
for standing purposes and questionnaires.'.  
(3) Article 6 is amended as follows:  
 
(a) in paragraph 7, the first subparagraph is replaced by the following:  
'7. The Union producers, trade unions, importers and exporters and their 
representative associations, users and consumer organisations, which have made 
themselves known i n accordance with Article 5(10), as well as the representatives 
of the exporting country, may, upon written request, inspect all information made 
available by any party to an investigation, as distinct from internal documents 
prepared by the authorities of  the Union or  its Member States, which is relevant to 
the presentation of their cases and not confidential within the meaning of 
Article  19, and is used in the investigation.';  
(b) paragraph 9 is replaced by the following:  
'9. For proceedings initiated pur suant to Article 5(9), an investigation shall, 
whenever possible, be concluded within one year. In any event, such investigations 
shall in all cases be concluded within 14 months of initiation, in accordance with 
the findings made pursuant to Article 8 for  undertakings or the findings made 
pursuant to Article 9 for definitive action. Investigation periods shall, whenever 
possible, especially in the case of diverse and fragmented sectors largely composed 
of SMEs, coincide with the financial year.';  
(c) the following paragraphs are added:  
'10. Union producers of the like product are requested to cooperate with the 
Commission in investigations that have been initiated pursuant to Article 5(6).  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  11. The Commission shall have in place the office of the Hearing Off icer whose 
powers and responsibilities  are set out in a mandate adopted by the Commission 
and who shall safeguard the effective exercise of the procedural rights of the 
interested parties.'.  
(4) Article 7 is amended as follows:  
 
(a) paragraph 1 is replaced  by the following:  
'1. Provisional duties may be imposed if:  
(a)  proceedings have been initiated in accordance with Article 5;  
(b)  a notice has been given to that effect and interested parties have been given 
an adequate opportunity to submit information  and make comments in 
accordance with Article 5(10);  
(c) a provisional affirmative determination has been made of dumping and 
consequent injury to the Union industry; and  
(d) the Union interest calls for intervention to prevent such injury.  
The provisional  duties shall be imposed no earlier than 60 days from the initiation 
of the proceedings and normally not later than seven months, but in any event not 
later than eight months, from the initiation of the proceedings.  
Provisional  duties shall not be imposed within three weeks of the information being 
sent to interested parties in accordance Article 19a (period of pre -disclosure). The 
provision of such information shall not prejudice any subsequent related decision 
that may be taken by the Commission.  
The Comm ission shall review by 9 June 2020, wh ether a substantial rise in impor ts 
has occurred during the period of pre -disclosure and whether, if such rise has 
occurred, it has caused additional injury to the Union industry, despite the 
measures that the Commissi on might have taken based on Article 14(5a) and 
Article 9(4). It shall rely in particular on data co llected on the basis of Article  14(6) 
and any relevant information at its disposal. The Commission shall adopt a 
delegated act in accordance with Article 23 a to amend the duration of the period of 
pre-disclosure to two weeks in the case of a substantial rise of imports that have 
caused additional injury and to four weeks where this is not the case.  
The Commission shall make public on its website its intention  to impose provisional 
duties, including information on the possible duty rates, at the same time when it 
provides interested parties with the information pursuant to Article  19a.';  
(b) the following paragraphs are inserted:  
'2a. When examining whether a d uty lower than the margin of dumping would be 
sufficient to remove injury, the Commission shall take into account whether there 
are distortions on raw materials with regard to the product concerned.  
For the purposes of this paragraph, distortions on raw ma terials consist of the 
following measures: dual pricing schemes, export taxes, export sur tax, export 
quota, export prohibition, fiscal tax on exports, licensing  requirements, minimum 
export price, value added tax (V AT) refund reduction or withdrawal, restriction on 
customs  clearance point for exporters, qualified exporters list, domestic market 
obligation, captive mining if the price of a raw material is significantly lower as 
compared to prices in the representative international markets.  
The Commissi on is empowered to adopt delegated acts in accordance with 
Article  23a to amend this Regulation by adding further distortions on raw materials G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  on to the list referred to in the second subparagraph of this paragraph, if the OECD 
"Inventory on export restric tions on industrial raw materials", or any OECD 
database which replaces this inventory, identifies other types of  measures.  
The investigation shall cover any distortion on raw materials identified in the 
second subparagraph of this paragraph, for the exist ence of which the Commission 
has sufficient evidence pursuant to  Article 5.  
For the purpose of this Regulation, a single raw material, whether unprocessed or 
processed, including energy, for which a distortion is found, mu st account for not 
less than 17 % of the cost of production of the product concerned. For the purpose 
of this calculation, an undistorted price of the raw material as established in 
representative international markets shall be used.  
2b. Where the Commission, on the basis of all the informa tion submitted, can 
clearly conclude that it is in  the Union's interest to determine the amount of the 
provisional duties in accordance with paragraph 2a of this Article, paragraph 2 of 
this Article shall not apply. The Commission shall actively seek infor mation from 
interested parties enabling it to determine whether paragraph 2 or 2a of this Article 
shall apply. In this regard, the Commission shall examine all pertinent information 
such as spare capacities in the exporting country, competition for raw mat erials 
and the effect on supply chains for Union companies. In the absence of cooperation 
the Commission may conclude that it is in accordance with the Union interest to 
apply paragraph 2a of this Article. When carrying out the Union -interest test in 
accor dance with Article 21, special consideration shall be given to this matter.  
2c. When the injury margin is calculated on the basis of a target price, the target 
profit used shall be established taking into account factors such as the level of 
profitability before the increase of imports from the country under investigation, 
the level of profitability needed to cover full costs and investments, research and 
development (R&D) and innovation, and the level of profitability to be expected 
under normal conditions  of competition. Such profit m argin shall not be lower than 
6%. 
2d. When establishing the target price, the actual cost of production of the Union 
industry, which results from multilateral environmental agreements, and protocols 
thereunder, to which the Un ion is a party, or from International Labour 
Organisation (ILO) Conventions listed in Annex Ia to this Regulation, shall be duly 
reflected. Moreover, future costs, which are not covered in paragraph 2c of this 
Article, which result from those agreements an d conventions, and which the Union 
industry will incur during the period of the application of the measure pursuant to 
Article 11 (2), shall be taken into  account.'.  
(5) Article 8 is amended as follows:  
 
(a) paragraph 1 is replaced by the  following:  
'1. Where a provisional affirmative determination of dumping and injury has been 
made, the Commission may, in accordance with the advisory procedure referred to 
in Article 15(2), accept satisfactory voluntary undertaking offers submitted by any 
exporter to revis e its prices or to cease exports at dumped prices, if the injurious 
effect of the dumping is thereby  eliminated.  
In such a case and as long as such undertakings are in force, provisional duties 
imposed by the Commission in accordance with Article  7(1), or definitive duties 
imposed in accordance with Article  9(4), as the case may be, shall not apply to the 
relevant imports of the product concerned manufactured by the companies referred 
to in the Commission decision accepting undertakings, as subsequently ame nded.  
Price increases under such undertakings shall not be higher than necessary to 
eliminate the margin of dumping and they shall be less than the margin of G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  dumping if such increase would be adequate to remove the injury to the Union 
industry.  
When examin ing whether price increases under such undertakings lower than the 
margin of dumping would be sufficient to remove injury,  Article 7(2a), (2b), (2c) 
and ( 2d) shall apply accordingly.';  
(b) in paragraph 2, the third subparagraph is replaced by the  following : 
'Save in exceptional circumstances, undertakings may not be offered later than five 
days prior to the end of the period during which representations may be made 
pursuant to Article 20(5), so as to ensure the opportunity to comment for other 
parties.';  
(c) paragraphs 3 and 4 are replaced by the following:  
 
'3. Undertakings offered need not be accepted if their acceptance is considered 
impractical, such as where the number of actual or potential exporters is too great, 
or for other reasons, including reason s of general policy which comprise in 
particular the principles and obligations set out in multilateral environmental 
agreements and protocols thereunder, to which the Union is a party, and of ILO 
Conventions listed in Annex Ia to this Regulation. The expo rter concerned may be 
provided with the reasons for which it is proposed to reject the offer of an 
undertaking and may be given an opportunity to make comments thereon. The 
reasons for rejection shall be set out in the definitive  decision.  
4. Parties which  offer an undertaking shall be required to provide a non -
confidential version of such under­ taking that is mea ningful in the sense of 
Article  19, so that it may be made available to interested parties to the 
investigation, to the European Parliament and t o the Council.  
Furthermore, before accepting any such offer, the Union industry shall be given an 
opportunity to comment with regard to the main features of the undertaking.'.  
(6) in Article 9, paragraphs 3 and 4 are replaced by the following:  
 
'3. For a p roceeding initiated pursuant to Article 5(9), injury shall normally be 
regarded as negligible where the imports concerned represent less than the 
volumes set out in Article 5(7). For the same proceeding, there shall be immediate 
termination where it is det ermined that the margin of dumping is less than 2 %, 
expressed as a percentage of the export p rice. 
4. Where the facts as finally established show that there is dumping, and injury 
caused thereby, and the Union interest calls for intervention in accordance  with 
Article 21, a definitive anti -dumping duty shall be imposed by the Commission 
acting in accordance with the examination procedure referred to in Article 15(3). 
Where provisional duties are in force, the Commission shall initiate that procedure 
no lat er than one month of the expiry of such duties.  
The amount of the anti -dumping duty shall not exceed the margin of dumping 
established but it should be less than the margin if such lesser duty would be 
adequate to remove the injury to the Union industr y. Article 7(2a), (2b) (2c) 
and (2d), shall apply accordingly.  
Where the Commission has not registered imports, but where it finds, based on an 
analysis of all relevant information at its disposal when adopting definitive 
measures, that a further substantial r ise in imports subject  to the investigation 
occurs during the period of pre -disclosure, the Commission shall reflect the 
additional injury resulting from such increase in the determination of the injury 
margin for a period no longer than that referred to i n Article 11 (2).'.  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  (7) Article 11 is amended as follows:  
 
(a) in paragraph 2, the second subparagraph is replaced by the following:  
'An expiry review shall be initiated where the request contains sufficient evidence 
that the expiry of the measures would l ikely result in a continuation or recurrence 
of dumping  and injury. Such likelihood may, for example, be indicated by evidence 
of continued dumping and injury or evidence that the removal of injury is partly or 
solely due to the existence of measures or ev idence that the circumstances of the 
exporters, or market conditions, are such that they would indicate the likelihood of 
further injurious dumping, or by evidence of continued distortions on raw 
materials.';  
(b) in paragraph 5, the following subparagraph is added:  
'If, following an investigation pursuant to paragraph 2, the measure expires, any 
duties collected from the date of the initiation of such investigation on goods that 
were customs -cleared shall be repaid provided that this is requested from natio nal 
customs authorities and granted by those authorities in accordance with the 
applicable Union customs legislation concerning repayment and remission of duty. 
Such repayment shall not give rise to the payment of interest by the national 
customs authoriti es concerned.'.  
(8) Article 1 3 is amended as follows:  
 
(a) in paragraph 3, the first subparagraph is replaced by the following:  
'3. Investigations shall be initiated pursuant to this Article on the initiative of the 
Commission or at the request of a Member  State or any interested party on the 
basis of sufficient evidence regarding the factors set out in paragraph 1 of this 
Article. Initiations shall be made by means of a Commission regulation which shall 
also instruct customs authorities to subject imports to registration in accordance 
with Article 14(5) or to request guarantees. The Commission shall provide 
information to the Member States once an interested party or a Member State has 
submitted a request justifying the initiation of an investigation and th e Commission 
has completed its analysis thereof, or where the Commission has itself determined 
that there is a need to initiate an investigation.';  
(b) in paragraph 4, the first, second, third and fourth subparagraphs are replaced 
by the following:  
'4. Imp orts shall not be subject to registration pursuant to Article 14(5) or 
measures where they are traded by companies which benefit from exemptions.  
Requests for exemptions duly supported by evidence shall be submitted within the 
time limits established in th e Commission regulation pursuant to which the 
investigation is initiated.  
Where the circumventing practice, process or work takes place outside the Union, 
exemptions may be granted to producers of the product concerned that are found 
not to be engaged in c ircumvention practices as defined in paragraphs 1 and 2 of 
this Article.  
Where the circumventing practice, process or work takes place inside the Union, 
exemptions may be granted to importers that can show that they are not engaged 
in circumvention practic es as defined in paragraphs 1 and 2 of this Article.'.  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 11 - 
 
  (9) Article 14 is amended as follows:  
 
(a) paragraph 3 is replaced by the following:  
'3. Special provisions, in pa rticular with regard to the common definition of the 
concept of origin, as contained in  Regulation (EU) No 952/2013 of the European 
Parliament and of the Council(*), and with regard to the application and collection 
of an anti -dumping duty in the continental shelf of a Member State or the exclusive 
economic zone declared by a Member State pursuant to the United Nations 
Convention on the Law of the Sea (UNCLOS), may be adopted pursuant to this 
Regulation.  
__________  
(*) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 
2013 laying down the Union Customs C ode (OJ L 269, 10.10.2013, p.  1).'; 
(b) paragraph 5 is replaced by the following:  
'5. As of the initiation of the investigation and having informe d the Member States 
in due time, the Commission may direct the customs authorities to take the 
appropriate steps to register imports, so that measures may subsequently be 
applied against those imports from the date of such registration. Imports shall be 
made subject to registration following a request, from the Union industry, which 
contains sufficient evidence to justify such action. Imp orts may also be made 
subject to registration on the Commission's own initiative. Registration shall be 
introduced by Com mission regulation. Such regulation shall specify the pu rpose of 
the action and, if appropriate, the estimated amount of possible future liability. 
Imports shall not be made subject to registration for a pe riod longer than nine 
months.';  
(c) the following paragraph is inserted:  
'5a. The Commission shall, unless it has sufficient evidence within the meaning of 
Article  5 that the requirements either under point (c) or (d) of Article  10(4) are not 
met, register imports pursuant to paragraph 5 of this Article d uring the period of 
pre-disclosure pursuant to Article  19a. When deciding on registration, the 
Commission shall in particular analyse the information collected based on the 
creation of Integrated Tariff of the European Union (TARIC)  codes for the product 
under investigation pursuant to paragraph 6 of this Article.';  
(d) paragraph 6 is replaced by the following:  
'6. Member States shall report to the Commission every month on the import trade 
in products subject to investigation and to measures, and on the amount of duties 
collected pursuant to this Regulation. When initiating an investigation pursuant to 
Article 5, the Commission shall create TARIC codes corresponding to the product 
under investigation. Member States shall use those TARIC codes in order to report 
on imports of the product under investigation as of the initiation of the 
investigation. The Commission may, upon receiving a specific reasoned request 
from an interested party, decide to provide them with a non -confidential summary 
of the informati on on aggregated import volumes and values of the products 
concerned.';  
(e) the following paragraph is added:  
'8. Whenever the Commission intends to adopt any document providing general 
guidance to possible interested parties on the application of this Reg ulation, a 
public consultation in line with Article 11 (3) TEU shall be carried out. The 
European Parliament and the Council may also express their views.'.  
 G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 12 - 
 
  (10) the following Article is inserted:  
 
'Article 14a  
Continental shelf or exclusive economic zone  
1. An anti -dumping duty may also be imposed on any dumped product brought in 
significant quantities to an artificial island, a fixed or floating installation or any other 
structure in the continental shelf of a Member State or the exclusive economic zone 
declared by a Member State pursuant to UNCLOS, where this would cause injury to 
the Union industry. The Commission shall adopt implementing acts laying down the 
conditions for the incurrence of such duties, as well as the procedures relating to the 
notific ation and declaration of such products and the payment  of such duties, 
including recovery, repayment and remission (customs tool). Those implementing acts 
shall be adopted in accordance with the examination p rocedure referred to in 
Article  15(3).  
2. The Co mmission shall only impose duties as referred to in paragraph 1 as of the 
date the customs tool referred to in paragraph 1 is operational. The Commission shall 
inform all economic operators that the customs tool is operational by separate 
publication in th e Official Journal of the European Union .'. 
(11) in Article 17, paragraphs 1 and 2 are replaced by the following:  
 
'1. In cases where the number of Union producers, expor ters or importers, types of 
product or transactions is large, the investigation may be  limited to a reasonable 
number of parties, products or transactions by using samples which are statistically 
valid, on the basis of information available at the time of the selection, or to the 
largest representative volume of production, sales or exports  which can reasonably be 
investigated within the time  available.  
2. The final selection of parties, types of products or transactions made under these 
sampling provisions shall rest with the Commission. However, in order to enable the 
selection of a repres entative sample preference shall be given to choosing a sample in 
consultation with, and with the consent of, the parties concerned, provided that such 
parties make themselves known and make sufficient information available within one 
week of initiation of  the investigation.'.  
(12) the following Article is inserted:  
 
'Article 19a  
Information at provisional stage  
1. Union producers, importers and exporters and their representative associations, 
and representatives of the exporting country, may request information on the planned 
imposition of provisional duties. Requests for such information shall be made in 
writing within the time limit prescribed in the notice of initiation. Such information 
shall be provided to those parties three weeks before the imp osition of provisional 
duties. Such information shall include: a summary of the proposed duties for 
information purposes only, and details of the calculation of the dumping margin and 
the margin adequate to remove the injury to the Union industry, due acco unt being 
taken of the need to respect the confidentiality obligations contained in Article  19. 
Parties shall have a period of three working days from the supply of such information 
to provide comments on the accuracy of the calculations.  
2. In cases where  it is intended not to impose provisional duties but to continue the 
investigation, interested parties shall be informed of the non -imposition of duties 
three weeks before the expiry of the deadline mentioned in Article 7(1) for the 
imposition of provision al duties.'.  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 13 - 
 
  (13) Article 21 is amended as follows:  
 
(a) paragraph 2 is replaced by the following:  
'2. In order to provide a sound basis on which the Commission can take account of all 
views and information in the decision as to whether or not the impositi on of measures 
is in the Union's interest, the Union producers, trade unions, importers and their 
representative associations,  representative users and repre sentative consumer 
organisations may, within the time limits specified in the notice of initiation of the 
anti­dumping proceedings, make themselves known, and provide information, to the 
Commission. Such information, or appropriate summaries thereof, shall be made 
available to the other parties specified in this Article, and they shall be entitled to 
respond to such information.';  
(b) paragraph 4 is replaced by the following:  
'4. The parties which have acted in accordance with paragraph 2 may provide 
comments on the application  of any provisional duties. Such comments shall be 
received within 15 days of the date of application of such measures if they are to be 
taken into account and they, or appropriate summaries thereof, shall be made 
available to other parties who shall be entitled to respond to such comments.'.  
(14) Article 23 is amended as follows:  
 
(a) paragraph 1 is replaced by the following:  
'1. The Commission shall, with due regard to the protection of confidential information 
within the meaning  of Article 19, present an annual report on the application and 
implementation of this Regulation to the  European Parliament and to the Council.  
That report shall include information about the application of provisional and definitive 
measures, the termination of investigations without measures, undertakings, 
reinvestigations, reviews, significant distortion s and verification visits, and the 
activities of the various bodies responsible for monitoring the implementation of this 
Regulation and fulfilment of the obligations arising therefrom. The report shall also 
cover the use of trade defence instruments by th ird countries targeting the Union and 
appeals against the measures imposed. It shall include the activities of the Hearing 
Officer of the Commission's Directorate General for Trade and those of the SME 
Helpdesk in relation to the application of this  Regula tion. 
The Report shall also include how social and environmental standards have been 
considered and taken into account in the investigations. Such standards shall cover 
those embodied in multilateral environmental agreements to which the Union is party 
and in ILO Conventions listed in Annex Ia to this Regulation, as well as equivalent 
national legislation of the exporting  country.';  
(b) the following paragraph is added:  
'4. By 9 June 2023 and every five years thereafter, the Commission shall submit, to 
the European Parliament and to the Council, a review  of the application of 
Articles  7(2a), 8(1) and 9(4), including an evaluation of that application. Such a 
review may, where appropriate, be accompanied by a legislative  proposal.'.  
(15) the following Article is inserted:  
 
'Article 23a  
 
Exercise of the delegation  
 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 14 - 
 
  2. The power to adopt delegated acts referred to in Article 7(1) shall be confe rred on 
the Commission for a period of two years from 8 June 2018 and it can be exercised 
only once.  
The power to adopt delegated acts referred to in Article  7(2a) shall be conferred on 
the Commission for a period of five years from 8 June 2018. The Commis sion shall 
draw up a report in respect of the delegation of power not later than nine months 
before the end of the five -year period. The delegation of power shall be tacitly 
extended for a period of an identical duration, unless the European Parliament or the 
Council opposes such extension not later than three  months before the end of each 
period.  
3. The delegation of power refe rred to in Article 7(1) and (2a)  may be revoked at any 
time by the European Parliament or by the Council. A decision to revoke shall put an 
end to the delegation of the power specified in that decision. It shall take effect the 
day following the publication of the decision in the Official Journal of the 
European  Union or at a later date specified therein. It shall not affect the validity of 
any delegated acts already in force.  
4. Before adopting a delegated act, the Commission shall consult experts designated 
by each Member State in accor dance with the principles laid down in the 
Interinstitutional Agreement of 13 Apri l 2016 on Better Law­ Making.* 
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council.  
6. Delegat ed acts adopted pursuant to Article 7(1) and (2a) shall enter into force only 
if no objection has been expressed either by the European Parliament or by the 
Council within a period of two months of notification of that act to the European 
Parliament and to  the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will not 
object. That period shall be extended by two months at the initiative of the European 
Parliament or of the Co uncil.  
__________  
* OJ L 123, 12.5.2016, p.  1.’. 
Article 2  
 
Regulation (EU) 2016/1037 is amended as follows:  
 
(1) in Article 9(1), the introductory wording is replaced by the following:  
 
'1. For the purposes of this Regulation, the term "Union industry'' shall be interpreted 
as referring to the Union producers as a whole of the like products or to those of them 
whose collective output of the products constitutes a major proportion of the total 
Union production of those products, except that:'.  
(2) Article 10 is amended as follows:  
 
(a) in paragraph 1, a subparagraph is inserted after the first subparagraph as 
follows:  
'Complaints may also be submitted jointly by the Union industry, or by any natural or 
legal person or any association not having legal personality acting on behalf thereof, 
and trade unions, or be supported by trade unions. This does not affect the possibility 
for the Union in dustry to withdraw the complaint.';  
(b) the following paragraph is inserted:  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 15 - 
 
  '1a. The Commission shall facilitate access to the trade defence instrument for diverse 
and fragmented industry sectors, largely composed of small and medium -sized 
enterprises (SM E) through a dedicated SME Helpdesk, for example by awareness 
raising, by providing general information and explanations on procedures and on how 
to submit a complaint, by releasing standard questionnaires in all official languages of 
the Union and by repl ying to general, non -case-specific queries.  
The SME Helpdesk shall make available standard forms for statistics to be submitted 
for standing purposes and questionnaires.'.  
(3) Article 11 is amended as follows:  
 
(a) in paragraph 7, the first subparagraph is  replaced by the following:  
'7. The Union producers, the government of the country of origin and/or export, trade 
unions, importers and exporters and their representative associations, users and 
consumer organisations, which have made themselves known in a ccordance with the 
second subparagraph of Article  10(12), may, upon written request, inspect all 
information made available to the Commission by any party to an investigation, as 
distinct from internal documents prepared by the authorities of the Union or its 
Member States, which is relevant to the presentation of their cases and is not 
confidential within the meaning of Article  29, and is used in the investigation.';  
(b) paragraph 9 is replaced by the following:  
'9. For proceedings initiated pursuant to Ar ticle 10(11), an investigation shall, 
whenever possible, be concluded within  one year. In any event, such  investigations 
shall in  all cases be concluded  within  13 months of their initiation, in accordance with 
the findings made pursuant to Article 13 for u ndertakings or the findings made 
pursuant to Article 15 for definitive action. Investigation periods shall, whenever 
possible, especially in the case of diverse and fragmented sectors largely composed of 
SMEs, coincide with the financial year.';  
(c) the fo llowing paragraphs are added:  
'11. Union producers of the like product are requested to cooperate with the 
Commission in investigations that have been initiated pursuant to Article 10(8).  
12. The Commission shall have in place the office of the Hearing Off icer whose powers 
and responsibilities  are set out in a mandate adopted by the Commission and who 
shall safeguard the effective exercise of the procedural rights of the interested 
parties;'.  
(4) Article 12 is amended as follows:  
 
(a) paragraph 1 is replaced by the following:  
'1. Provisional duties may be imposed if:  
(a) proceedings have been initiat ed in accordance with Article 10 ; 
(b) a notice has been given to that effect and interested parties have been given an 
adequate  opportunity to submit inf ormation and make comments in accordance with 
the second subparagraph of Article 10(12);  
(c) a provisional affirmative determination has been made that the importe d product 
benefits from counter vailable subsidies and consequent injury to the Union industry ; 
and 
(d) the Union interest calls for intervention to prevent such  injury.  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 16 - 
 
  The provisional duties shall be imposed no earlier than 60 days from the initiation of 
the proceedings but no later than nine months from the initiation of the proceedings.  
The amo unt of the provisional countervailing duty shall correspond to the total 
amount of countervailable subsidies as provisionally established.  
Where the Commission, on the basis of all the information submitted, can clearly 
conclude provisionally that it  is not in the Union's interest to impose the provisional 
duty at that amount, the provisional countervailing duty shall be the amount adequate 
to remove the injury to the Union industry, if this is lower than the total amount  of 
countervailable subsidies.  
Provisional duties shall not be imposed within a period of three weeks after the 
information is sent to interested parties under Article 29a (period of pre -disclosure). 
The provision of such information shall not prejudice any subsequent related decision 
that m ay be taken by the Commission.  
The Commission shall review by 9 June 2020, whether a substantial rise in imports 
has occurred during the period of pre -disclosure and whether, if such rise has 
occurred, it has caused additional injury to the Union industry,  despite the measures 
that the Commission might have taken based on Article 24(5a) and Article 15(1). It 
shall rely in particular on data collected on the basis of Article 24(6) and any relevant 
information at its disposal. The Commission shall adopt a del egated act in accordance 
with Article 32b to amend the duration of the period of pre -disclosure to two weeks in 
the case of a substantial rise of imports that have caused additional injury and to four 
weeks where this is not the case.  
The Commission shall make public on its website its intention to impose provisional 
duties, including information  on the possible duty rates, at the same time when it 
provides interested parties with the  information  
(b) the following paragraphs are inserted:  
'1a. When the inju ry margin is calculated on the basis of a target price, the target 
profit used shall be established taking into account factors such as the level of 
profitability before the increase of imports from the country under investigation, the 
level of profitabili ty needed to cover full costs and investments, research and 
development (R&D) and innovation, and the level of profitability to be expected under 
normal conditions of competition. Such profit margin shall not be lower than 6%.  
1b. When establishing the tar get price, the actual cost of production of the Union 
industry, which results from multilateral environmental agreements, and protocols 
thereunder, to which the Union is a party, or from International Labour Organisation 
(ILO) Conventions listed in Annex I a to this Regulation, shall be duly reflected. 
Moreover, future costs, which are not covered in paragraph la of this Article, which 
result from those agreements and conventions, and which the Union industry will incur 
during the period of the application o f the measure pursuant to Article 18(1), shall be 
taken into  account.'.  
(5) Article 13 is amended as follows:  
 
(a) paragraph 1 is replaced by the following:  
'1. Where a provisional affirmative determination of subsidisation and injury has been 
made, the Co mmission may, in accordance with the advisory procedure referred to in 
Article 25(2), accept satisfactory voluntary undertakings offers under which:  
(a) the country of origin and/or export agrees to eliminate or limit the subsidy or take 
other measures con cerning its effects; or  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 17 - 
 
  (b) any expor ter undertakes to revise its prices or to cease exports to the area in 
question as long as such exports benefit from countervailable subsidies, if the 
injurious effect of the subsidies is thereby eliminated.  
In such a c ase and as long as such undertakings are in force, provisional duties 
imposed by the Commission in accordance with Article 12(3), or definitive duties 
imposed in accordance with Article 15(1), as the case may be, shall not apply to the 
relevant imports of the product concerned manufactured by the companies referred to 
in the Com mission decision accepting under takings, as subsequently amended.  
Price increases under such undertakings shall not be higher than necessary to offset 
the amount of countervailable s ubsidies.  
Where the Commission, on the basis of all the information submitted, can clearly 
conclude provisionally that it is not in the Union's interest to determine the price 
increase under such undertakings, in accordance with the third subparagraph of 
paragraph 1 of this Article, the increase under such undertakings shall be less than 
the amount of countervailable subsidies if such increase would be adequate to rem ove 
the injury to the Union in dustry.';  
(b) in paragraph 2, the third subparagraph is repla ced by the following:  
'Save in exceptional circumstances, undertakings may not be offered later than five 
days prior to the end of the period during which representations may be made 
pursuant to Article 30(5), so as to ensure the opportunity to comment for  other 
parties.';  
(c) paragraphs 3 and 4 are replaced by the following:  
'3. Undertakings offered need not be accepted if their acceptance is considered 
impractical, such as where the number of actual or potential exporters is too great, or 
for other reasons, including reasons of general policy which comprise in particular the 
principles and obligations set out in multilateral environmental agreements and 
protocols thereunder, to which the Union is a party, and of ILO  Conventions listed in 
Annex  Ia to this Regulation. The exporter and/or the country of origin and/or export 
concerned may be provided with the reasons for which it is proposed to reject the 
offer of an undertaking and may be given an opportunity to make comments thereon. 
The reasons for rej ection shall be set out in the definitive decision.  
4. Parties which offer an undertaking shall be required to provide a non -confidential 
version of such under­ taking that is meaningful in the sense of Article 29, so that it 
may be made available to inter ested parties to the investigation, to the European 
Parliament and to the Council.  
Further more, before accepting any such offer, the Union industry shall be given an 
opportunity to comment with regard to the main features of the undertaking.'.  
(6) in Artic le 14, paragraph 5 is replaced by the following:  
 
'5. The amount of the countervailable subsidies shall be considered to be de minimis  if 
such amount is less than  1% ad valorem . However, as regards investigations 
concerning imports from developing countries, the de minimis  threshold shall be 2 % 
ad valorem .'. 
(7) in Article 15(1), the third subparagraph is replaced by the following:  
 
'The amount of the countervailing duty shall n ot exceed the amount of countervailable 
subsidies  established.  
Where the Commission, on the basis of all the information submitted, can clearly 
conclude that it is not in the Union's interest to determine the amount of measures in G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 18 - 
 
  accordance with the third  subparagraph, the amount of the countervailing duty shall 
be less if such lesser duty would be adequate to remove the injury to the Union 
industry.  
Where the Commission has not registered imports, but where the Commission finds, 
based on an analysis of al l relevant information at its disposal when adopting 
definitive measures, that a further substantial rise in imports subject to the 
investigation occurs during the period of pre -disclosure, the Commission shall reflect 
the additional injury resulting from such increase in the determination of the injury 
margin for a period no longer than that referred to in Article 18(1).'.  
(8) in Article 18(1), the following subparagraph is added:  
 
'If, following an investigation pursuant to this Article, the measure expir es, any duties 
collected from the date of the initiation of such investigation on goods that were 
customs -cleared shall be repaid provided that this is requested from national customs 
authorities and granted by those authorities in accordance with the appl icable Union 
customs legislation concerning repayment and remission of duty. Such repayment 
shall not give rise to the payment of interes t by the national customs author ities 
concerned.'.  
(9) Article 23 is amended as follows:  
 
(a) in paragraph 4, the first  subparagraph is replaced by the following:  
'4. Investigations shall be initiated pursuant to this Article on the initiative of the 
Commission or at the request of a Member State or any interested party on the basis 
of sufficient evidence regarding the fac tors set out in paragraphs 1, 2 and 3 of this 
Article. Initiations shall be made by means of a Commission regulation which shall 
also instruct customs authorities to subject imports to registration in accordance with 
Article 24(5) or to request guarantees.  The Commission shall provide information to 
the Member States once an interested party or a Member State has submitted a 
request justifying the initiation of an investigation and the Commission has completed 
its analysis thereof, or where the Commission h as itself determined that there is a 
need to initiate an investigation.';  
(b) in paragraph 6, the second and third subparagraphs are replaced by the  following:  
'Where the circumventing practice, process or work takes place outside the Union, 
exemptions may  be granted to producers of the product concerned that are found not 
to be engaged in circumvention practices as defined in paragraph 3.  
Where the circumventing practice, process or work takes place inside the Union, 
exemptions may be granted to importers that can show that they are not engaged in 
circumvention practices as defined in paragraph  3.'. 
(10) Article 24 is amended as follows:  
 
(a) paragraph 3 is replaced by the following:  
'3. Special provisions, in particular with regard to the common definition  of the 
concept of origin, as contained in Regulation (EU) No 952/2013 of the European 
Parliament and of the Council(*), and with regard to the application and collection of a 
countervailing duty in the continental shelf of a Member State or the exclusive 
economic zone declared by a Member State pursuant to the United Nations 
Convention on the Law of the Sea (UNCLOS), may be adopted pursuant to this 
Regulation.  
__________  
(*) Regulation (EU) No  952/2013 of the European Parliament and of the Council of 9 October 2013 
laying down the Union Customs Code ( OJ L 269, 10.10.2013, p.  1).’; G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 19 - 
 
  (b) paragraph 5 is replaced by the following:  
'5. As of the init iation of the investigation and having informed Member States in due 
time, the Commission  may direct the customs authorities to take the appropriate 
steps to register imports, so that measures may subsequently be applied against 
those imports from the date  of such registration. Imports shall be made subject to 
registration following a request, from the Union industry, which contains sufficient 
evidence to justify such action. Imports may also be made subject to registration on 
the Commission's own initiativ e. Registration shall be introduced by Commission 
regulation. Such regulation shall specify the purpose of the action and, if appropriate, 
the estimated amount of possible future liability. Imports shall not be made subject to 
registration for a period lon ger than nine months.';  
(c) the following paragraph is inse rted: 
'5a. The Commission shall, unless it has sufficient evidence within the meaning of 
Article 10 that the requirements either under point (c) or (d) of Article 16(4) are not 
met, register import s pursuant to paragraph 5 of this Article during the period of pre -
disclosure pursuant to Article 29a. When deciding on registration, the Commission 
shall in particular analyse the information collected based on the creation of 
Integrated Tariff of the Eur opean Union (TARI C) codes for the product under 
investigation pursuant to paragraph 6 of this  Article.';  
(d) paragraph 6 is replaced by the following:  
'6. Member States shall report to the Commission every month on the import trade in 
products subject to investigation and to measures, and on the amount of duties 
collected pursuant to this Regulation. When initiating an investigation pursuant to 
Article 10, the Commission shall create TARIC codes corresponding to the product 
under investigation. Member Stat es shall use those TARIC codes in order to report on 
imports of the product under investigation as of the initiation of the investigation. The 
Commission may, upon receiving a specific reasoned request from an interested party, 
decide to provide them with a non -confidential summary of the information on 
aggregated import volumes and values of the products  concerned.';  
(e) the following paragraph is added:  
'8. Whenever the Commission intends to adopt any document providing general 
guidance to possible intere sted parties on the application of this Regulation, a public 
consultation in line with Article 11(3) TEU shall be carried out. The European 
Parliament and the Council may also express their views.'.  
(11) the following Article is inserted:  
 
'Article 24a  
 
Continental shelf of a Member State or exclusive economic zone  
 
1. A countervailing duty may also be imposed on any subsidised product brought in 
significant quantities to an artificial island, a fixed or floating installation or any other 
structure in the c ontinental shelf of a Member State or the exclusive economic zone 
declared by a Member State pursuant to UNCLOS, where this would cause injury to 
the Union industry. The Commission shall adopt implementing acts laying down the 
conditions for the incurrence  of such duties, as well as the procedures relating to the 
notification and declaration of such products and the payment of such duties, 
including recovery, repayment and remission (customs tool). Those implementing acts 
shall be adopted in accordance with  the examination procedure referred to in 
Article  25(3).  
2. The Commission shall only impose duties as referred to in paragraph 1 as of the 
date the customs tool referred to in paragraph 1 is operational. The Commission shall G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
- 20 - 
 
  inform all economic operators that the customs tool is operational by separate 
publication in the Official Journal of the European Union .'. 
(12) in Article 27, paragraphs 1 and 2 are replaced by the following:  
 
'1. In cases where the number of Union producers, exporters or importers, t ypes of 
product or transactions is large, the investigation may be limited to a reasonable 
number of parties, products or transactions by using samples which are statistically 
valid, on the basis of information available at the time of the selection, or to  the 
largest  
2. The final selection of parties, types of products or transactions made under those 
sampling provisions shall rest with the Commission. However, in order to enable the 
selection of a representative sample preference shall be given to choosin g a sample in 
consultation with, and with the consent of, the parties concerned, provided that such 
parties make themselves known and make sufficient information available, within one 
week of initiation of the investigation.'.  
(13) the following Article is  inserted:  
 
'Article 29a  
 
Information at provisional stage  
 
1. Union producers, importers and exporters and their representative associations, 
and the count ry of origin and/or export, may request information on the planned 
imposition of provisional duties.  Requests for such information shall be made in 
writing within the time limit prescribed in the notice of initiation. Such information 
shall be provided to those parties three weeks before the imposition of provisional 
duties. Such information shall includ e: a summary of the proposed duties for 
information purposes only, and details of the calculation of the amount of the 
countervailable subsidy and the margin adequate to remove the injury to the Union 
industry, due account being taken of the need to respec t the confidentiality obligations 
contained in Article 29. Parties shall have a period of three working days from the 
supply of such information to provide comments on the accuracy of the calculations.  
2. In cases where it is intended not to impose provisi onal duties but to continue the 
investigation, interested parties shall be informed of the non -imposition of duties 
three weeks before the expiry of the deadline mentioned in Article 12(1) for the 
imposition of provisional duties.'.  
(14) Article 31 is amen ded as follows:  
 
(a) paragraph 2 is replaced by the following:  
'2. In order to provide a sound basis on which the Commission can take account of all 
views and information in the decision as to whether or not the imposition of measures 
is in the Union's int erest, the Union producers, trade unions, importers and their 
representative associations, representative users and repre sentative consumer 
organisations may, within the time limits specified in the notice of initiation of the 
counter­ vailing duty proceed ings, make themselves known, and provide information, 
to the Commission. Such information, or appropriate summaries thereof, shall be 
made available to the other parties specified in this Article, and they shall be entitled 
to respond to such information.' ; 
(b) paragraph 4 is replaced by the following:  
'4. The parties which have acted in accordance with paragraph 2 may provide 
comments on the application  of any provisional duties. Such comments shall be 
received within 15 days of the date of application of such measures if they are to be G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  taken into account and they, or appropriate summaries thereof, shall be made 
available to other parties who shall be entitled to respond to such comments.'.  
(15) the following Articles are inserted:  
 
'Article 32a  
Report  
1. The Commission shall, with due regard to the protection of confidential inf ormation 
within the meaning of Article 29, present an annual report on the application and 
implementation of this Regulation to the European Parliament and to the Council.  
That repor t shall include information about the application of provisional and definitive 
measures, the termination of investigations without measures, undertakings, 
reinvestigations, reviews, significant distortions and verification visits, and the 
activities of th e various bodies responsible for monitoring the implementation of this 
Regulation and fulfilment of the obligations arising therefrom. The report shall also 
cover the use of trade defence instruments by third countries targeting the Union and 
appeals again st the measures imposed. It shall include the activities of the Hearing 
Officer of the Commission's Directorate General for Trade and those of the SME 
Helpdesk in relation to the application of this Regulation.  
The Report shall also include how social and environmental standards have been 
considered and taken into account in the investigations. Such standards shall cover 
those embodied in multilateral environmental agreements to which the Union is party 
and in ILO  Conventions listed in Annex  Ia to this Regu lation, as well as equivalent 
national legislation of the exporting country.  
2. By 9 June 2023 and every five years thereafter, the Commission shall submit, to 
the European Parliament and to the Council, a review of the application of the third 
and fourth subparagraphs of Article 12(1), the third and fourth subparagraphs of 
Article 13(1), and of the third and fourth subparagraphs of Article 15(1), including an 
evaluation of this application. Such a review may, where appropriate, be accompanied 
by a legislat ive proposal.  
Article 32b  
 
Exercise of the delegation  
 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  
2. The power to adopt delegated acts referred to in Article 12(1) shall be conferred on 
the Commission for period of two years from 8 June 2018 and it can be exercised only 
once.  
3. The delegation of power referred to in Article 12(1) may be revoked at any time by 
the European  Parliament  or by the Council. A decision to revoke sh all put an end to 
the delegation of the power specified in that decision. It shall take effect the day 
following the publication of the decision in the Official Journal of the European Union  
or at a later date specified  therein. It shall not  affect the  validity of any  delegated  acts 
already in force.  
4. Before adopting a delegated act, the Commission shall consult experts designated 
by each Member State in accordance with the principles laid down in the 
Interinstitutional Agreement of 13 April 2016 on Bette r Law­ Making (*). 
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council.  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  6. A delegated act adopted pursuant to Article 12(1) shall enter into force only if no 
objection has be en expressed either by the European Parliament or by the Council 
within a period of two months of notification of that act to the European Parliament 
and to the Council or if, before the expiry of that period, the European Parliament and 
the Council have b oth informed the Commission that they will not object. That period 
shall be extended by two months at the initiative of the European Parliament or of the 
Council.  
__________  
(*) OJ L 123, 12.5.2016, p.  1.’. 
 
Article 3  
 
The Annex to this Regulation shall be added as Annex Ia to Regu lations (EU) 2016/1036 and 
(EU) 2016/1037.  
Article 4  
 
This Regulation shall enter into force on the day following that of its publication in the Official 
Journal of the European Union . 
Article 5  
 
This Regulation shall apply to all investigations for which the notice of  initiation pursuant to 
Article  5(9) of R egulation (EU) 2016/1036 or Article 10 (11) of Regulation (EU) 2016/1037 has 
been published in the Official Journal of the European Union  after the date of entry into force of 
this Regulation.  
 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
 
Done at Strasbourg, 30 May 2018.  
 
  
For the European Parliament  
 
The President  
 
A. TAJANI  
 
 
 
 For the Council  
 
The President  
 
L. PAVLOVA  
 
 
 
 
 
  G/ADP/N/1/EU/3/Suppl.3 • G/SCM/N/1/EU/2/Suppl.3  
 
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  ANNEX  
'ANNEX IA  
ILO CONVENTIONS REFERRED TO IN THIS REGULATION  
 
1. Convention concerning Forced or Compulsory Labour, No 29 (1930)  
2. Convention concerning Freedom of Association and Protecti on of the Right to Organise, 
No 87 (1948)  
3. Convention concerning the Application of  the Principles of the Right to Organise and to 
Bargain Collectively, No 98 (1949)  
4. Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal 
Value, No 100  (1951)  
5. Convention concerning the Abolition of Forced Labour, No 10 5 (1957)  
6. Convention concerning Discrimination in Respect of Em ployment and Occupation, 
No 111 (1958)  
7. Convention concerning Minimum Age for Admission to Employment, No 138 (1973)  
8. Convention concerning the Prohibition and Immediate Action for the Elim ination of the Worst 
Forms of Child Labour, No 182 (1999)'  
 
__________