G/ADP/N/1/EU/3  
 
1 November  2016 
(16-5998) Page: 1/36 
Committee on Anti -Dumping Practices  
 Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R ARTICLE  18.5 
OF THE AGREEMENT  ON IMPLEMENTATION  OF ARTICLE VI  
OF THE GATT 1994  
EUROPEAN UNION 
The following communication, dated 5 October 2016 , is being ci rculated at the request of the 
delegation of the European  Union.  
 
_______________  
 
 
REGULATION (EU) 2016/1036 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 8 June 2016  
on protection against dumped imports from countries not members of the  
European Union (codification)  
 
THE EUROPEAN PARLIAMENT AND THE COUNCIL  OF THE EUROPEAN  UNION,  
 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 207(2)  thereof,   
 
Having regard to the proposal from the European  Commission,  
 
After transmission of the draft legislative act to the n ational  parliaments,   
 
Acting in accordance with the ordinary legislative procedure1,  
 
Whereas:  
 
(1) Council  Regulation  (EC) No 1225/20092 has been substantially  amended  several  
times3. In the interests  of clarity and rationality, that Regulation should b e codified.  
 
(2) The Agreement on Implementation of Article VI of the General Agreement on Tariffs and 
Trade 1994 ('the 1994 Anti-Dumping Agreement ') contains detailed rules, relating in 
particular to the calculation of  dumping,  procedures  for initiating  and pursuing  an 
investigation,  including  the establishment  and treatment  of the facts,  the imposition  
of provisional  measures,  the imposition  and collection  of anti-dumping  duties,  the 
duration  and review of anti -dumping measures and the public disclosure o f information 
relating to anti -dumping  investigations.  
 
(3) In order  to ensure  a proper  and transparent  application  of the rules of the 1994 Anti-
Dumping  Agreement,  the language of that agreement should be reflected in Union 
legislation to the best extent  possible.  
 
                                                
1 Position  of the European  Parliament  of 10 May 2016 (not yet published  in the Official  Journal)  and 
Council  decision  of 30 May 2016.  
2 Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped 
imports from countries not members  of the Europea n Community  (OJ L 343, 22.12.2009,  p. 51). 
3 See Annex  I. G/ADP/N/1/EU/3  
 
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  (4) In applying  the rules of the 1994 Anti-Dumping  Agreement,  it is essential,  in order  to 
maintain  the balance  of rights and obligations which the General Agreement on Tariffs 
and Trade ('GATT') established, that the  Union  take account of the i nterpretation of 
those rules by the Union 's major trading  partners.  
 
(5) It is desirable  to set out clear and detailed  rules on the calculation  of the normal  
value.  In particular,  such value  should  in all cases  be based  on representative  sales in 
the ordin ary course  of trade  in the exporting  country.  It is expedient to give guidance 
as to when parties may be considered as being associated for the purpose  of 
determining  dumping.  It is expedient  to define  the circumstances  in which  domestic  
sales may be consi dered  to be made at a loss and may be disregarded, and in which 
recourse may be had to remaining sales, or to  constructed  normal  value,  or to sales to 
a third country.  It is also appropriate  to provide  for a proper  allocation  of costs,  even 
in start-up situations,  and for guidance  as to the definition  of start-up and the extent  
and method  of allocation. It is also necessary, when constructing the normal value, to 
indicate the methodology to be  applied  in determining  the amounts  for selling,  
general  and administrative  costs  and the profit  margin  that should  be included in 
such value.  
 
(6) When  determining  the normal  value  for non-market -economy  countries,  it appears  
prudent  to set out rules for choosing the appropriate market -economy third country to 
be used for such purpose and, where it is  not possible  to find a suitable  third country,  
to provide  that the normal  value  may be established  on any other  reasonable  basis.  
 
(7) It is expedient to define the export price and to enumerate the adjustments which shoul d be 
made in those cases where a reconstruction of that price from the first open -market price is 
deemed necessary.  
 
(8) For the purpose of ensuring a fair comparison between the export price and the normal 
value, it is advisable to list the factors which may affect prices and price comparability and 
to set out specific rules as to when and how the adjustments should be made, including the 
fact that any duplication of adjustments should be avoided. It is also necessary to provide 
that comparison may be made  using average prices although individual export prices may 
be compared to an average normal value where the former vary by customer, region or time 
period.  
 
(9) It is desirable to set out clear and detailed guidance as to the factors which may be relevant  
for the determination of whether the dumped imports have caused material injury or are 
threatening to cause injury. In demonstrating that the volume and price levels of the 
imports concerned are responsible for injury sustained by the Union industry, atte ntion 
should be given to the effect of other factors and in particular prevailing market conditions 
in the Union.  
 
(10) It is advisable to define the term 'Union industry' and to provide that parties related to 
exporters may be excluded from such an indust ry, and to define the term 'related'. It is also 
necessary to provide for anti -dumping action to be taken on behalf of producers in a region 
of the Union and to set out guidelines on the definition of such a region.  
 
(11) It is necessary to specify who may  lodge an anti -dumping complaint, including the extent to 
which it should be supported by the Union industry, and the information on dumping, injury 
and causation which such a complaint should contain. It is also expedient to specify the 
procedures for the  rejection of complaints or the initiation of proceedings.  
 
(12) It is necessary to specify the manner in which interested parties should be given notice of 
the information which the authorities require. Interested parties should have ample 
opportunity to present all relevant evidence and to defend their interests. It is also desirable 
to set out clearly the rules and procedures to be followed during the investigation, in 
particular the rules whereby interested parties are to make themselves known, present their 
views and submit information within specified time limits, if such views and information are 
to be taken into account. It is also appropriate to set out the conditions under which an 
interested party may have access to, and comment on, information pr esented by other G/ADP/N/1/EU/3  
 
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  interested parties. There should also be cooperation between the Member States and the 
Commission in the collection of information.  
 
(13) It is necessary to set out the conditions under which provisional duties may be imposed, 
including co nditions whereby provisional duties may be imposed no earlier than 60 days 
from initiation and no later than nine months thereafter. For administrative reasons, it is 
also necessary to provide that such duties may in all cases be imposed by the Commission,  
either directly for a nine -month period or in two stages of six and three months.  
 
(14) It is necessary to set out procedures for accepting undertakings which eliminate dumping 
and injury instead of imposing provisional or definitive duties. It is also ap propriate to 
specify the consequences of a breach or withdrawal of undertakings and that provisional 
duties may be imposed in cases of suspected violation or where further investigation is 
necessary to supplement the findings. In accepting undertakings, ca re should be taken that 
the proposed undertakings, and their enforcement, do not lead to anti -competitive 
behaviour.  
 
(15) It is necessary to provide that the termination of cases should, irrespective of whether 
definitive measures are adopted or not, norm ally take place within 12 months, and in no 
case more than 15 months, of the initiation of the investigation.  
 
(16) Investigations or proceedings should be terminated where the dumping is de minimis or the 
injury is negligible, and it is appropriate to def ine those situations. Where measures are to 
be imposed, it is necessary to provide for the termination of investigations and to specify 
that measures should be less than the margin of dumping if such lesser amount would 
remove the injury, and also to speci fy the method of calculating the level of measures in 
cases of sampling.  
 
(17) It is necessary  to provide  for retroactive  collection  of provisional  duties  if that is 
deemed  appropriate  and to define  the circumstances  which  may trigger  the 
retroactive  application  of duties  to avoid  the undermining  of the definitive measures to 
be applied. It is also necessary to provide that duties may be applied retroactively in  
cases  of breach or withdrawal of  undertakings.  
 
(18) It is necessary  to provide  that measures  are to lapse  after five years  unless  a review  
indicates  that they should  be maintained.  It is also necessary  to provide,  in cases  
where  sufficient  evidence  is submitted  of changed  circumstances, for interim reviews 
or for investigations to determine whether refunds of anti -dumping duties  are 
warranted. It is also appropriate to provide that, in any recalculation of dumping which 
necessitates  a reconstruction  of export  prices,  duties  are not to be treated  as a cost 
incurred  between  importation  and resale  where  those duties are being reflected in the 
prices of the products subject to measures in the  Union.  
 
(19) It is necessary  to provide  specifically  for the reassessment  of export  prices  and 
dumping  margins  where  the duty is  being  absorbed  by the exporter  throu gh a form of 
compensatory  arrangement  and the measures  are not being  reflected in the prices of 
the products subject to measures in the  Union.  
 
(20) The 1994  Anti-Dumping Agreement  does not contain  provisions  regarding the 
circumvention  of anti-dumping measures,  though  a separate  GATT Ministerial Decision  
recognised  circumvention  as a problem  and referred it to the GATT Anti-dump ing 
Commit tee for resolution.  Given  the failure  of the multilateral  negotiations  so far and 
pending  the outcome  of the referral to the World Trade Organisation  ('WTO')  Anti-
Dumping Commit tee, Union legislation  should  contain  provisions  to deal with practices,  
including  mere  assembly  of goods  in the Union  or a third count ry, which have as their 
main aim the circumvention  of anti-dumping measures.  
 
(21) It is also desirable  to clarify  which  practices  constitute  circumvention  of the measures  
in place.  Circumvention  practices may take place either inside or outside the Union. It is 
consequently necessary to provide  that exemptions  from the extended  duties  which  
may be granted  to importers  may also be granted  to exporters  when  duties are being 
applied to address circumvention taking place outside the  Union.  G/ADP/N/1/EU/3  
 
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  (22) It is expedient  to permit  the suspension  of anti-dumping  measures  where  there  is a 
temporary  change  in market conditions which makes the continued imposition of such 
measures temporarily  inappropriate.  
 
(23) It is necessary  to provide  that imports  under  investigation  may be made  subject  to 
registration  upon importation  in order to en able measures to be subsequently applied 
against such  imports.  
 
(24) In order  to ensure  the proper  enforcement  of measures,  it is necessary  that Member  
States  monitor,  and report  to the Commission  on, the import  trade  of products  subject  
to investigation  or subject  to measures,  as well as the amount of duties collected 
under this  Regulation.  
 
(25) It is expedient to provide for verification visits to check information submitted on 
dumping and injury, such visits being, however, conditional on proper replies  to 
questionnaires being  received.  
 
(26) It is essential  to provide  for sampling  in cases  where  the number  of parties  or 
transactions  is large in order  to permit completion of investigations within the 
appointed time  limits.  
 
(27) It is necessary  to provid e that, where  parties  do not cooperate  satisfactorily,  other 
information  may be used to establish  findings  and that such information  may be less 
favourable  to the parties  than if they had cooperated.  
 
(28) Provision should be made for the treatment of conf idential information so that business 
secrets are not  divulged.  
 
(29) It is essential  that provision  be made  for proper  disclosure  of the essential  facts and 
considerations  to parties  which  qualify  for such treatment  and that such disclosure  
be made,  with due regard  to the decision -making  process in the Union, within a time 
limit which permits parties to defend their  interests . 
 
(30) It is prudent to provide for an administrative system under which arguments can be 
presented as to whether measures are in th e Union's interest, including consumers' interest, 
and to specify the time limits within which such information has to be presented as well as 
the disclosure rights of the parties concerned.  
 
(31) The implementation of this Regulation requires uniform con ditions for the adoption of 
provisional and definitive duties, and for the termination of an investigation without 
measures. Those measures should be adopted by the Commission in accordance with 
Regulation (EU) No 182/2011 of the European Parliament and of  the Council.1 
 
(32) The advisory procedure should be used for the adoption of provisional measures given the 
effects of such measures and their sequential logic in relation to the adoption of definitive 
measures. It should also be used for the acceptance of undertakings, initiation and non -
initiation of expiry reviews, suspension of measures, extension of the suspension of 
measures and the reinstatement of measures given the effect of such measures as 
compared to definitive measures. Where a delay in the i mposition of measures would cause 
injury which would be difficult to repair, it is necessary to allow the Commission to adopt 
immediately applicable provisional measures,  
                                                
1 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).  G/ADP/N/1/EU/3  
 
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  HAVE ADOPTED THIS REGULATION:  
 
Article 1  
 
Principles  
 
1. An anti -dumping duty may be  imposed on any dumped product whose release for free 
circulation in the Union causes injury.  
 
2. A product is to be considered as being dumped if its export price to the Union is less than a 
comparable price for a like product, in the ordinary course of t rade, as established for the 
exporting country.  
 
3. The exporting country shall normally be the country of origin. However, it may be an 
intermediate country, except where, for example, the products are merely transhipped through 
that country, or the produ cts concerned are not produced in that country, or there is no 
comparable price for them in that country.  
 
4. For the purposes of this Regulation, 'like product' means a product which is identical, that is 
to say, alike in all respects, to the product unde r consideration, or, in the absence of such a 
product, another product which, although not alike in all respects, has characteristics closely 
resembling those of the product under consideration.  
 
 
Article 2  
 
Determination of dumping  
 
A. NORMAL VALUE  
 
1. The normal value shall normally be based on the prices paid or payable, in the ordinary 
course of trade, by independent customers in the exporting country.  
 
However, where the exporter in the exporting country does not produce or does not sell the like 
produ ct, the normal value may be established on the basis of prices of other sellers or producers.  
 
Prices between parties which appear to be associated or to have a compensatory arrangement 
with each other may not be considered to be in the ordinary course of trade and may not be used 
to establish the normal value unless it is determined that they are unaffected by the relationship.  
 
In order to determine whether two parties are associated, account may be taken of the definition 
of related parties set out in A rticle 127 of Commission Implementing Regulation (EU) 2015/24471. 
 
2. Sales of the like product intended for domestic consumption shall normally be used to 
determine the normal value if such sales volume constitutes 5% or more of the sales volume of 
the pr oduct under consideration to the Union. However, a lower volume of sales may be used 
when, for example, the prices charged are considered representative for the market concerned.  
 
3. When there are no or insufficient sales of the like product in the ordina ry course of trade, or 
where, because of the particular market situation, such sales do not permit a proper comparison, 
the normal value of the like product shall be calculated on the basis of the cost of production in the 
country of origin plus a reasonab le amount for selling, general and administrative costs and for 
profits, or on the basis of the export prices, in the ordinary course of trade, to an appropriate third 
country, provided that those prices are representative.  
 
A particular market situation f or the product concerned within the meaning of the 
first subparagraph may be deemed to exist, inter alia, when prices are artificially low, when there 
is significant barter trade, or when there are non -commercial processing arrangements.  
                                                
1 Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed 
rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European  Parliament and of 
the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558) . G/ADP/N/1/EU/3  
 
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  4. Sales of the li ke product in the domestic market of the exporting country, or export sales to 
a third country, at prices below unit production costs (fixed and variable) plus selling, general and 
administrative costs may be treated as not being in the ordinary course of trade by reason of 
price, and may be disregarded in determining the normal value, only if it is determined that such 
sales are made within an extended period in substantial quantities, and are at prices which do not 
provide for the recovery of all costs wi thin a reasonable period of time.  
 
If prices which are below costs at the time of sale are above weighted average costs for the period 
of investigation, such prices shall be considered to provide for recovery of costs within a 
reasonable period of time.  
 
The extended period of time shall normally be one year but sh all in no case be less than 
six months, and sales below unit cost shall be considered to be made in substantial quantities 
within such a period when it is established that the weighted average sel ling price is below the 
weighted average unit cost, or that the volume of sales below unit cost is not less than 20% of 
sales being used to determine normal value.  
 
5. Costs shall normally be calculated on the basis of records kept by the party under 
investigation, provided that such records are in accordance with the generally accepted accounting 
principles of the country concerned and that it is shown that the records reasonably reflect the 
costs associated with the production and sale of the product unde r consideration.  
 
If costs associated with the production and sale of the product under investigation are not 
reasonably reflected in the records of the party concerned, they shall be adjusted or established on 
the basis of the costs of other producers or exporters in the same country or, where such 
information is not available or cannot be used, on any other reasonable basis, including 
information from other representative markets.  
 
Consideration shall be given to evidence submitted on the proper allocatio n of costs, provided that 
it is shown that such allocations have been historically utilised. In the absence of a more 
appropriate method, preference shall be given to the allocation of costs on the basis of turnover. 
Unless already reflected in the cost al locations under this subparagraph, costs shall be adjusted 
appropriately for those non -recurring items of cost which benefit future and/or current production.  
 
Where the costs for part of the period for cost recovery are affected by the use of new producti on 
facilities requiring substantial additional investment and by low -capacity utilisation rates, which are 
the result of start -up operations which take place within or during part of the investigation period, 
the average costs for the start -up phase shall be those applicable, under the abovementioned 
allocation rules, at the end of such a phase, and shall be included at that level, for the period 
concerned, in the weighted average costs referred to in the second subparagraph of paragraph 4. 
The length of a start-up phase shall be determined in relation to the circumstances of the producer 
or exporter concerned, but shall not exceed an appropriate initial portion of the period for cost 
recovery. For this adjustment to costs applicable during the investigation  period, information 
relating to a start -up phase which extends beyond that period shall be taken into account where it 
is submitted prior to verification visits and within three months of the initiation of the 
investigation.  
 
6. The amounts for selling, f or general and administrative costs and for profits shall be based 
on actual data pertaining to production and sales, in the ordinary course of trade, of the like 
product by the exporter or producer under investigation. When such amounts cannot be 
determin ed on that basis, the amounts may be determined on the basis of:  
 
(a) the weighted average of the actual amounts determined for other exporters or producers 
subject to investigation in respect of production and sales of the like product in the domestic 
market of the country of origin;  
 
(b) the actual amounts applicable to production and sales, in the ordinary course of trade, of the 
same general category of products for the exporter or producer in question in the domestic 
market of the country of origin;  
 G/ADP/N/1/EU/3  
 
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  (c) any other reasonable method, provided that the amount for profit so established shall not 
exceed the profit normally realised by other exporters or producers on sales of products of 
the same general category in the domestic market of the country of orig in. 
 
7. (a) In the case of imports from non -market -economy countries1, the normal value shall be 
determined on the basis of the price or constructed value in a market economy third 
country, or the price from such a third country to other countries, includ ing the Union, or, 
where those are not possible, on any other reasonable basis, including the price actually 
paid or payable in the Union for the like product, duly adjusted if necessary to include a 
reasonable profit margin.  
 
An appropriate market -economy  third country shall be selected in a not unreasonable 
manner, due account being taken of any reliable information made available at the time of 
selection. Account shall also be taken of time limits. Where appropriate, a market -economy 
third country which is subject to the same investigation shall be used.  
 
The parties to the investigation shall be informed shortly after its initiation of the market -
economy third country envisaged and shall be given 10 days to comment.  
 
(b) In anti -dumping investigations co ncerning imports from the People's Republic of China, 
Vietnam and Kazakhstan and any non -market -economy country which is a member of the 
WTO at the date of the initiation of the investigation, the normal value shall be determined 
in accordance with paragra phs 1 to 6, if it is shown, on the basis of properly substantiated 
claims by one or more producers subject to the investigation and in accordance with the 
criteria and procedures set out in point (c), that market -economy conditions prevail for this 
produce r or producers in respect of the manufacture and sale of the like product concerned. 
When that is not the case, the rules set out under point (a) shall apply.  
 
(c) A claim under point (b) must be made in writing and contain sufficient evidence that the 
producer operates under market -economy conditions, that is if:  
 
— decisions of firms regarding prices, costs and inputs, including for instance raw materials, 
cost of technology and labour, output, sales and investment, are made in response to 
market signals re flecting supply and demand, and without significant State interference in 
that regard, and costs of major inputs substantially reflect market values,  
 
— firms have one clear set of basic accounting records which are independently audited in line 
with interna tional accounting standards and are applied for all purposes,  
 
— the production costs and financial situation of firms are not subject to significant distortions 
carried over from the former non -market -economy system, in particular in relation to 
depreciatio n of assets, other write - offs, barter trade and payment via compensation of 
debts,  
 
— the firms concerned are subject to bankruptcy and property laws which guarantee legal 
certainty and stability for the operation of firms, and  
 
— exchange rate conversions ar e carried out at the market rate.  
 
A determination whether the producer meets the criteria referred to under this point shall normally 
be made within seven months of, but in any event not later than eight months after, the initiation 
of the investigation, after the Union industry has been given an opportunity to comment. That 
determination shall remain in force throughout the investigation. The Commission shall provide 
information to the Member States concerning its analysis of claims made pursuant to point  (b) 
normally within 28 weeks of the initiation of the investigation.  
 
                                                
1 Including Albania, Armenia, Azerbaijan, Belarus, Georgia, Kyrgyzstan, Moldova, M ongolia, 
North  Korea, Tajikistan, Turkmenistan and Uzbekistan.  G/ADP/N/1/EU/3  
 
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  (d) When the Commission has limited its investigation in accordance with Article 17, a 
determination pursuant to points (b) and (c) of this paragraph shall be limited to the parties 
included in the investigation and any producer that receives individual treatment pursuant to 
Article 17(3).  
 
B. EXPORT PRICE  
 
8. The export price shall be the price actually paid or payable for the product when sold for 
export from the exporting country to t he Union.  
 
9. In cases where there is no export price or where it appears that the export price is 
unreliable because of an association or a compensatory arrangement between the exporter and 
the importer or a third party, the export price may be constructe d on the basis of the price at 
which the imported products are first resold to an independent buyer, or, if the products are not 
resold to an independent buyer or are not resold in the condition in which they were imported, on 
any reasonable basis.  
 
In tho se cases, adjustment for all costs, including duties and taxes, incurred between the 
importation and resale, and for profits accruing, shall be made so as to establish a reliable export 
price, at the Union frontier level.  
 
The items for which adjustment sh all be made shall include those normally borne by an importer 
but paid by any party, either inside or outside the Union, which appears to be associated or to 
have a compensatory arrangement with the importer or exporter, including usual transport, 
insuranc e, handling, loading and ancillary costs, customs duties, any anti -dumping duties, and 
other taxes payable in the importing country by reason of the importation or sale of the goods, 
and a reasonable margin for selling, general and administrative costs and  profit.  
 
C. COMPARISON  
 
10. A fair comparison shall be made between the export price and the normal value. This 
comparison shall be made at the same level of trade and in respect of sales made at, as closely as 
possible, the same time and with due account  taken of other differences which affect price 
comparability. Where the normal value and the export price as established are not on such a 
comparable basis, due allowance, in the form of adjustments, shall be made in each case, on its 
merits, for differenc es in factors which are claimed, and demonstrated, to affect prices and price 
comparability. Any duplication when making adjustments shall be avoided, in particular in relation 
to discounts, rebates, quantities and level of trade. When the specified condit ions are met, the 
factors for which adjustment can be made are listed as follows:  
 
(a) Physical characteristics  
 
An adjustment shall be made for differences in the physical characteristics of the product 
concerned. The amount of the adjustment shall corres pond to a reasonable estimate of the market 
value of the difference.  
 
(b) Import charges and indirect taxes  
 
An adjustment shall be made to the normal value for an amount corresponding to any import 
charges or indirect taxes borne by the like product and b y materials physically incorporated 
therein, when intended for consumption in the exporting country and not collected or refunded in 
respect of the product exported to the Union.  
 
(c) Discounts, rebates and quantities  
 
An adjustment shall be made for diffe rences in discounts and rebates, including those given for 
differences in quantities, if those are properly quantified and are directly linked to the sales under 
consideration. An adjustment may also be made for deferred discounts and rebates if the claim is 
based on consistent practice in prior periods, including compliance with the conditions required to 
qualify for the discount or rebates.  
 G/ADP/N/1/EU/3  
 
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  (d) Level of trade  
 
(i) An adjustment for differences in levels of trade, including any differences which may 
arise in OEM (original equipment manufacturer) sales, shall be made where, in 
relation to the distribution chain in both markets, it is shown that the export price, 
including a constructed export price, is at a different level of trade from the normal 
value and  the difference has affected price comparability, which is demonstrated by 
consistent and distinct differences in functions and prices of the seller for the different 
levels of trade in the domestic market of the exporting country. The amount of the 
adjust ment shall be based on the market value of the difference.  
 
(ii) However, in circumstances not envisaged under point (i), when an existing difference 
in level of trade cannot be quantified because of the absence of the relevant levels on 
the domestic marke t of the exporting countries, or where certain functions are shown 
clearly to relate to levels of trade other than the one which is to be used in the 
comparison, a special adjustment may be granted.  
 
(e) Transport, insurance, handling, loading and ancillar y costs  
 
An adjustment shall be made for differences in the directly relate d costs incurred for conveying the 
product concerned from the premises of the exporter to an independent buyer, where such costs 
are included in the prices charged. Those costs shal l include transport, insurance, handling, loading 
and ancillary costs.  
 
(f) Packing  
 
An adjustment shall be made for differences in the directly related packing costs for the product 
concerned.  
 
(g) Credit  
 
An adjustment shall be made for differences in th e cost of any credit granted for the sales under 
consideration, provided that it is a factor taken into account in the determination of the prices 
charged.  
 
(h) After-sales costs  
 
An adjustment shall be made for differences in the direct costs of providing  warranties, 
guarantees, technical assistance and services, as provided for by law and/or in the sales contract.  
 
(i) Commissions  
 
An adjustment shall be made for differences in commissions paid in respect of the sales under 
consideration.  
 
The term 'commi ssions' shall be understood to include the mark -up received by a trader of the 
product or the like product if the functions of such a trader are similar to those of an agent 
working on a commission basis.  
 
(j) Currency conversions  
 
When the price compariso n requires a conversion of currencies, such conversion shall be made 
using the rate of exchange on the date of sale, except that, when a sale of foreign currency on 
forward markets is directly linked to the export sale involved, the rate of exchange in the  forward 
sale shall be used. Normally, the date of sale shall be the date of invoice but the date of contract, 
purchase order or order confirmation may be used if those more appropriately establish the 
material terms of sale. Fluctuations in exchange rates  shall be ignored and exporters shall be 
granted 60 days to reflect a sustained movement in exchange rates during the investigation 
period.  
 G/ADP/N/1/EU/3  
 
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  (k) Other factors  
 
An adjustment may also be made for differences in other factors not provided for under points (a ) 
to (j), if it is demonstrated that they affect price comparability as required under this paragraph, in 
particular if customers consistently pay different prices on the domestic market because of the 
difference in such factors.  
 
D. DUMPING MARGIN  
 
11. Subject to the relevant provisions governing fair comparison, the existence of margins of 
dumping during the investigation period shall normally be established on the basis of a comparison 
of a weighted average normal value with a weighted average of prices of all export transactions to 
the Union, or by a comparison of individual normal values and individual export prices to the Union 
on a transaction -to-transaction basis. However, a normal value established on a weighted average 
basis may be compared to pric es of all individual export transactions to the Union, if there is a 
significant difference in the pattern of export prices among different purchasers, regions or time 
periods, and if the methods specified in the first sentence of this paragraph would not reflect the 
full degree of dumping being practised. This paragraph shall not preclude the use of sampling in 
accordance with Article 17.  
 
12. The dumping margin shall be the amount by which the normal value exceeds the export 
price. Where dumping margins v ary, a weighted average dumping margin may be established.  
 
 
Article 3  
 
Determination of injury  
 
1. Pursuant to this Regulation, the term 'injury' shall, unless otherwise specified, be taken to 
mean material injury to the Union industry, threat of material  injury to the Union industry or 
material retardation of the establishment of such an industry and shall be interpreted in 
accordance with the provisions of this Article.  
 
2. A determination of injury shall be based on positive evidence and shall involve a n objective 
examination of:  
 
(a) the volume of the dumped imports and the effect of the dumped imports on prices in the 
Union market for like products; and  
 
(b) the consequent impact of those imports on the Union industry.  
 
3. With regard to the volume of the dumped imports, consideration shall be given to whether 
there has been a significant increase in dumped imports, either in absolute terms or relative to 
production or consumption in the Union. With regard to the effect of the dumped imports on 
prices, consideration shall be given to whether there has been significant price undercutting by the 
dumped imports as compared with the price of a like product of the Union industry, or whether the 
effect of such imports is otherwise to depress prices to a signif icant degree or prevent price 
increases, which would otherwise have occurred, to a significant degree. No one or more of those 
factors can necessarily give decisive guidance.  
 
4. Where imports of a product from more than one country are simultaneously subj ect to anti -
dumping investigations, the effects of such imports shall be cumulatively assessed only if it is 
determined that:  
 
(a) the margin of dumping established in relation to the imports from each country is more than 
de minimis as defined in Article 9(3) and the volume of imports from each country is not 
negligible; and  
 
(b) a cumulative assessment of the effects of the imports is appropriate in the light of the 
conditions of competition between imported products and the conditions of competition betw een 
the imported products and the like Union product.  
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  5. The examination of the impact of the dumped imports on the Union industry concerned shall 
include an evaluation of all relevant economic factors and indices having a bearing on the state of 
the indu stry, including the fact that an industry is still in the process of recovering from the effects 
of past dumping or subsidisation; the magnitude of the actual margin of dumping; actual and 
potential decline in sales, profits, output, market share, producti vity, return on investments and 
utilisation of capacity; factors affecting Union prices; actual and potential negative effects on cash 
flow, inventories, employment, wages, growth, ability to raise capital or investments. This list is 
not exhaustive, nor c an any one or more of these factors necessarily give decisive guidance.  
 
6. It must be demonstrated, from all the relevant evidence presented in relation to 
paragraph  2, that the dumped imports are causing injury within the meaning of this Regulation. 
Specifically, that shall entail demonstrating that the volume and/or price levels identified pursuant 
to paragraph 3 are responsible for an impact on the Union industry as provided for in paragraph 5, 
and that that impact exists to a degree which enables it to  be classified as material.  
 
7. Known factors, other than the dumped imports, which at the same time are injuring the 
Union industry shall also be examined to ensure that the injury caused by those other factors is 
not attributed to the dumped imports unde r paragraph 6. Factors which may be considered in that 
respect shall include: the volume and prices of imports not sold at dumping prices; contraction in 
demand or changes in the patterns of consumption; restrictive trade practices of, and competition 
between, third country and Union producers; developments in technology and the export 
performance; and productivity of the Union industry.  
 
8. The effect of the dumped imports shall be assessed in relation to the production of the Union 
industry of the like pr oduct when available data permit the separate identification of that 
production on the basis of criteria such as the production process, producers' sales and profits. If 
such separate identification of that production is not possible, the effects of the du mped imports 
shall be assessed by examination of the production of the narrowest group or range of products, 
which includes the like product, for which the necessary information can be provided.  
 
9. A determination of a threat of material injury shall be b ased on facts and not merely on an 
allegation, conjecture or remote possibility. The change in circumstances which would create a 
situation in which the dumping would cause injury must have been clearly foreseen and must be 
imminent.  
 
In making a determina tion regarding the existence of a threat of material injury, consideration 
should be given to factors such as:  
 
(a) a significant rate of increase of dumped imports into the Union market indicating the 
likelihood of substantially increased imports;  
 
(b) whether there is sufficient freely disposable capacity on the part of the exporter or an 
imminent and substantial increase in such capacity indicating the likelihood of substantially 
increased dumped exports to the Union, account being taken of the availabil ity of other export 
markets to absorb any additional exports;  
 
(c) whether imports are entering at prices that would, to a significant degree, depress prices or 
prevent price increases which otherwise would have occurred, and would probably increase 
demand  for further imports;  
 
(d) inventories of the product being investigated.  
 
No one of the factors listed above by itself can necessarily give decisive guidance, but the totality 
of the factors considered shall be such as to lead to the conclusion that furth er dumped exports 
are imminent and that, unless protective action is taken, material injury will occur.  
 
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  Article 4  
 
Definition of Union industry  
 
1. For the purposes of this Regulation, the term 'Union  industry' shall be interpreted as 
referring to the U nion producers as a whole of the like products or to those of them whose 
collective output of the products constitutes a major proportion, as defined in Article 5(4), of the 
total Union production of those products, except that:  
 
(a) when producers are rel ated to the exporters or importers, or are themselves importers of 
the allegedly dumped product, the term 'Union industry' may be interpreted as referring to the rest 
of the producers;  
 
(b) in exceptional circumstances, the territory of the Union may, for the production in question, 
be divided into two or more competitive markets and the producers within each market may be 
regarded as a separate industry if:  
 
(i) the producers within such a market sell all or almost all of their production of the 
product in  question in that market; and  
 
(ii) the demand in that market is not to any substantial degree met by producers of the 
product in question located elsewhere in the Union.  
 
In such circumstances, injury may be found to exist even where a major portion of th e total Union 
industry is not injured, provided that there is a concentration of dumped imports into such an 
isolated market and provided further that the dumped imports are causing injury to the producers 
of all or almost all of the production within such  a market.  
 
2. For the purpose of paragraph 1, producers shall be considered to be related to exporters or 
importers only if:  
 
(a) one of them directly or indirectly controls the other;  
 
(b) both of them are directly or indirectly controlled by a third per son; or  
 
(c) together they directly or indirectly control a third person, provided that there are grounds 
for believing or suspecting that the effect of the relationship is such as to cause the producer 
concerned to behave differently from non -related prod ucers.  
 
For the purpose of this paragraph, one shall be deemed to control another when the former is 
legally or operationally in a position to exercise restraint or direction over the latter.  
 
3. Where the Union industry has been interpreted as referring t o the producers in a certain 
region, the exporters shall be given an opportunity to offer undertakings pursuant to Article 8 in 
respect of the region concerned. In such cases, when evaluating the Union interest of the 
measures, special account shall be tak en of the interest of the region. If an adequate undertaking 
is not offered promptly or the situations set out in Article 8(9) and (10) apply, a provisional or 
definitive duty may be imposed in respect of the Union as a whole. In such cases the duties may,  if 
practicable, be limited to specific producers or exporters.  
 
4. The provisions of Article 3(8) shall be applicable to this Article.  
 
 
Article 5  
 
Initiation of proceedings  
 
1. Except as provided for in paragraph 6, an investigation to determine the exis tence, degree 
and effect of any alleged dumping shall be initiated upon a written complaint by any natural or 
legal person, or any association not having legal personality, acting on behalf of the Union 
industry.  
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  The complaint may be submitted to the Comm ission or to a Member State, which shall forward it 
to the Commission. The Commission shall send Member States a copy of any complaint it receives. 
The complaint shall be deemed to have been lodged on the first working day following its delivery 
to the Com mission by registered mail or the issuing of an acknowledgement of receipt by the 
Commission.  
 
Where, in the absence of any complaint, a Member State is in possession of sufficient evidence of 
dumping and of resultant injury to the Union industry, it shall  immediately communicate such 
evidence to the Commission.  
 
2. A complaint under paragraph 1 shall include evidence of dumping, injury and a causal link 
between the allegedly dumped imports and the alleged injury. The complaint shall contain such 
informatio n as is reasonably available to the complainant on the following:  
 
(a) the identity of the complainant and a description of the volume and value of the Union 
production of the like product by the complainant. Where a written complaint is made on behalf of 
the Union industry, the complaint shall identify the industry on behalf of which the complaint is 
made by a list of all known Union producers of the like product (or associations of Union producers 
of the like product) and, to the extent possible, a descri ption of the volume and value of Union 
production of the like product accounted for by such producers;  
 
(b) a complete description of the allegedly dumped product, the names of the country or 
countries of origin or export in question, the identity of each known exporter or foreign producer 
and a list of known persons importing the product in question;  
 
(c) the prices at which the product in question is sold when destined for consumption in the 
domestic markets of the country or countries of origin or export  (or, where appropriate, the prices 
at which the product is sold from the country or countries of origin or export to a third country or 
countries or on the constructed value of the product) and the export prices or, where appropriate, 
the prices at which the product is first resold to an independent buyer in the Union;  
 
(d) the changes in the volume of the allegedly dumped imports, the effect of those imports on 
prices of the like product on the Union market and the consequent impact of the imports on the 
Union industry, as demonstrated by relevant factors and indices having a bearing on the state of 
the Union industry, such as those listed in Article 3(3) and (5).  
 
3. The Commission shall, as far as possible, examine the accuracy and adequacy of the 
eviden ce provided in the complaint, to determine whether there is sufficient evidence to justify the 
initiation of an investigation.  
 
4. An investigation shall not be initiated pursuant to paragraph 1 unless it has been 
determined, on the basis of an examination  as to the degree of support for, or opposition to, the 
complaint expressed by Union producers of the like product, that the complaint has been made by, 
or on behalf of, the Union industry. The complaint shall be considered to have been made by, or 
on beha lf of, the Union industry if it is supported by those Union producers whose collective output 
constitutes more than 50% of the total production of the like product produced by that portion of 
the Union industry expressing either support for or opposition t o the complaint. However, no 
investigation shall be initiated where Union producers expressly supporting the complaint account 
for less than 25% of total production of the like product produced by the Union industry.  
 
5. The authorities shall avoid, unless  a decision has been taken to initiate an investigation, any 
publicising of the complaint seeking the initiation of an investigation. However, after receipt of a 
properly documented complaint and before proceeding to initiate an investigation, the governme nt 
of the exporting country concerned shall be notified.  
 
6. If, in special circumstances, the Commission decides to initiate an investigation without 
having received a written complaint by, or on behalf  of, the Union  industry for the initiation of such 
an investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a 
causal link, as described in paragraph 2, to justify such initiation. The Commission shall provide 
information to the Member States once it has determined the n eed to initiate such investigation.  
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- 14 - 
 
  7. The evidence of both dumping and injury shall be considered simultaneously in the decision 
on whether or not to initiate an investigation. A complaint shall be rejected where there is 
insufficient evidence of either dumping or of injury to justify proceeding with the case. Proceedings 
shall not be initiated against countries whose imports represent a market share of below 1%, 
unless such countries collectively account for 3% or more of Union consumption.  
 
8. The compl aint may be withdrawn prior to initiation, in which case it shall be considered not 
to have been lodged.  
 
9. Where it is apparent that there is sufficient evidence to justify initiating proceedings, the 
Commission shall do so within 45 days of the date on which the complaint was lodged and shall 
publish a notice in the Official Journal of the European Union. Where insufficient evidence has been 
presented, the complainant shall be so informed within 45 days of the date on which the complaint 
is lodged with t he Commission. The Commission shall provide information to the Member States 
concerning its analysis of the complaint normally within 21 days of the date on which the 
complaint is lodged with the Commission.  
 
10. The notice of initiation of proceedings sha ll announce the initiation of an investigation, 
indicate the product and countries concerned, give a summary of the information received, and 
provide that all relevant information is to be communicated to the Commission.  
 
It shall state the periods within which interested parties may make themselves known, present 
their views in writing and submit information if such views and information are to be taken into 
account during the investigation. It shall also state the period within which interested parties ma y 
apply to be heard by the Commission in accordance with Article 6(5).  
 
11. The Commission shall advise the exporters, importers and representative associations of 
importers or exporters known to it to be concerned, as well as representatives of the export ing 
country and the complainants, of the initiation of the proceedings and, with due regard to the 
protection of confidential information, provide the full text of the written complaint received 
pursuant to paragraph 1 to the known exporters and to the aut horities of the exporting country, 
and make it available upon request to other interested parties involved. Where the number of 
exporters involved is particularly high, the full text of the written complaint may instead be 
provided only to the authorities of the exporting country or to the relevant trade association.  
 
12. An anti -dumping investigation shall not hinder the procedures of customs clearance.  
 
 
Article 6  
 
The investigation  
 
1. Following the initiation of proceedings, the Commission, acting in co operation with the 
Member States, shall commence an investigation at Union level. Such an investigation shall cover 
both dumping and injury, and they shall be investigated simultaneously.  
 
For the purpose of a representative finding, an investigation perio d shall be selected which in the 
case of dumping shall, normally, cover a period of no less than six months immediately prior to the 
initiation of proceedings.  
 
Information relating to a period subsequent to the investigation period shall, normally, not be  
taken into account.  
 
2. Parties receiving questionnaires used in an anti -dumping investigation shall be given at least 
30 days to reply. The time limit for exporters shall be counted from the date of receipt of the 
questionnaire, which for this purpose sh all be deemed to have been received one week from the 
day on which it was sent to the exporter or transmitted to the appropriate diplomatic 
representative of the exporting country. An extension to the 30 -day period may be granted, due 
account being taken o f the time limits of the investigation, provided that the party shows due 
cause for such an extension in terms of its particular circumstances.  
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- 15 - 
 
  3. The Commission may request Member States to supply information, and Member States 
shall take whatever steps are necessary in order to give effect to such requests.  
 
They shall send to the Commission the information requested together with the results of all 
inspections, checks or investigations carried out.  
 
Where that information is of general interest or where  its transmission has been requested by a 
Member State, the Commission shall forward it to the Member States, provided that it is not 
confidential, in which case a non -confidential summary shall be forwarded.  
 
4. The Commission may request Member States to  carry out all necessary checks and 
inspections, particularly amongst importers, traders and Union producers, and to carry out 
investigations in third countries, provided that the firms concerned give their consent and that the 
government of the country in  question has been officially notified and raises no objection.  
 
Member States shall take whatever steps are necessary in order to give effect to such requests 
from the Commission.  
 
Officials of the Commission shall be authorised, if the Commission or a Me mber State so requests, 
to assist the officials of Member States in carrying out their duties.  
 
5. The interested parties which have made themselves known in accordance with Article 5(10) 
shall be heard if they have, within the period prescribed in the not ice published in the Official 
Journal of the European Union, made a written request for a hearing showing that they are an 
interested party likely to be affected by the result of the proceedings and that there are particular 
reasons why they should be hear d. 
 
6. Opportunities shall, on request, be provided for the importers, exporters, representatives of 
the government of the exporting country and the complainants, which have made themselves 
known in accordance with Article 5(10), to meet those parties with  adverse interests, so that 
opposing views may be presented and rebuttal arguments offered.  
 
Provision of such opportunities shall take account of the need to preserve confidentiality and of the 
convenience to the parties.  
 
There shall be no obligation on any party to attend a meeting, and failure to do so shall not be 
prejudicial to that party's case.  
 
Oral information provided under this paragraph shall be taken into account in so far as it is 
subsequently confirmed in writing.  
 
7. The complainants, impor ters and exporters and their representative associations, users and 
consumer organisations, which have made themselves known in 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 A rticle 19, and is used in the 
investigation.  
 
Such parties may respond to such information and their comments shall be taken into 
consideration, wherever they are sufficiently substantiated in the response.  
 
8. Except in the circumstances provided for in A rticle 18, the information which is supplied by 
interested parties and upon which findings are based shall be examined for accuracy as far as 
possible.  
 
9. For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, 
be co ncluded within one year. In any event, such investigations shall in all cases be concluded 
within 15 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.  
 
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- 16 - 
 
  Article 7  
 
Provisional measures  
 
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 
opportuni ty 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 su ch injury.  
 
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.  
 
2. The amount of the provisional anti -dumping duty shall not exceed th e margin of dumping as 
provisionally established, but it should be less than the margin if such lesser duty would be 
adequate to remove the injury to the Union industry.  
 
3. Provisional duties shall be secured by a guarantee, and the release of the product s 
concerned for free circulation in the Union shall be conditional upon the provision of such a 
guarantee.  
 
4. The Commission shall adopt provisional measures in accordance with the procedure referred 
to in Article 15(4).  
 
5. Where a Member State requests immediate intervention by the Commission and where the 
conditions in paragraph 1 are met, the Commission shall, within a maximum of five working days 
of receipt of the request, decide whether a provisional anti -dumping duty shall be imposed.  
 
6. Provisiona l duties may be imposed for six months and extended for a further three months 
or they may be imposed for nine months. However, they may only be extended, or imposed for a 
nine-month period, where exporters representing a significant percentage of the trad e involved so 
request or do not object upon notification by the Commission.  
 
 
Article 8  
 
Undertakings  
 
1. On the condition that 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 revise 
its prices or to cease exports at dumped prices, if it is satisfied that 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 imp osed 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 amended.  
 
Price increases under such undertakings shall not be higher than necessary to eliminate the 
margin of d umping and they should be less than the margin of dumping if such increases would be 
adequate to remove the injury to the Union industry.  
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- 17 - 
 
  2. Undertakings may be suggested by the Commission, but no exporter shall be obliged to 
enter into such an undertakin g. The fact that exporters do not offer such undertakings, or do not 
accept an invitation to do so, shall in no way prejudice consideration of the case.  
 
However, it may be determined that a threat of injury is more likely to be realised if the dumped 
imports continue. Undertakings shall not be sought or accepted from exporters unless a provisional 
affirmative determination of dumping and injury caused by such dumping has been made.  
 
Save in exceptional circumstances, undertakings may not be offered later t han the end of the 
period during which representations may be made pursuant to Article 20(5).  
 
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 grea t, or for other reasons, 
including reasons of general policy. The exporter 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 r ejection shall be set out in the definitive decision.  
 
4. Parties which offer an undertaking shall be required to provide a non -confidential version of 
that undertaking, so that it may be made available to interested parties to the investigation.  
 
5. Where  undertakings are accepted, the investigation shall be terminated. The Commission 
shall terminate the investigation in accordance with the examination procedure referred to in 
Article 15(3).  
 
6. If the undertakings are accepted, the investigation of dumpin g and injury shall normally be 
completed. In such a case, if a negative determination of dumping or injury is made, the 
undertaking shall automatically lapse, except in cases where such a determination is due in large 
part to the existence of an undertakin g. In such cases it may be required that an undertaking be 
maintained for a reasonable period.  
 
In the event that an affirmative determination of dumping and injury is made, the undertaking 
shall continue in accordance with its terms and the provisions of this Regulation.  
 
7. The Commission shall require any exporter from which an undertaking has been accepted to 
provide, periodically, information relevant to the fulfilment of that undertaking, and to permit 
verification of pertinent data. Non -compliance wi th such requirements shall be construed as a 
breach of the undertaking.  
 
8. Where undertakings are accepted from certain exporters during the course of an 
investigation, they shall, for the purpose of Article 11, be deemed to take effect from the date on 
which the investigation is concluded for the exporting country.  
 
9. In the case of breach or withdrawal of undertakings by any party to the undertaking, or in 
the case of withdrawal of acceptance of the undertaking by the Commission, the acceptance of the 
undertaking shall be withdrawn by Commission Decision or Commission Regulation, as 
appropriate, and the provisional duty which has been imposed by the Commission in accordance 
with Article 7 or the definitive duty which has been imposed in accordance with A rticle 9(4) shall 
automatically apply, provided that the exporter concerned has, except where that exporter has 
withdrawn the undertaking, been given an opportunity to comment. The Commission shall provide 
information to the Member States when it decides t o withdraw an undertaking.  
 
Any interested party or Member State may submit information showing prima facie evidence of a 
breach of an undertaking. The subsequent assessment of whether or not a breach of an 
undertaking has occurred shall normally be conclu ded within six months, but in no case later than 
nine months following a duly substantiated request.  
 
The Commission may request the assistance of the competent authorities of the Member States in 
the monitoring of undertakings.  
 
10. A provisional duty may  be imposed in accordance with Article 7 on the basis of the best 
information available where there is reason to believe that an undertaking is being breached, or in G/ADP/N/1/EU/3  
 
- 18 - 
 
  the case of breach or withdrawal of an undertaking, where the investigation which led to t he 
undertaking has not been concluded.  
 
 
Article 9  
 
Termination without measures; imposition of definitive duties  
 
1. Where the complaint is withdrawn, proceedings may be terminated unless such termination 
would not be in the Union's interest.  
 
2. Where pr otective measures are unnecessary, the investigation or proceedings shall be 
terminated. The Commission shall terminate the investigation in accordance with the examination 
procedure referred to in Article 15(3).  
 
3. For proceedings initiated pursuant to A rticle 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 proceedings, there shall be immediate termination where it is determined that the 
margin of dumpi ng is less than 2%, expressed as a percentage of the export price, provided that it 
is only the investigation that shall be terminated where the margin is below 2% for individual 
exporters and they shall remain subject to the proceedings and may be reinves tigated in any 
subsequent review carried out for the country concerned pursuant to Article 11.  
 
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 later th an one month before 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 industry.  
 
5. An anti -dumping duty shall be imposed in the appropriate amounts in each case, on a non -
discriminatory basis, on imports of a product from all sources found to be dumped and causing 
injury, except for imports from those sources from which undertakings u nder the terms of this 
Regulation have been accepted.  
 
The regulation imposing anti -dumping measures shall specify the duty for each supplier or, if that 
is impracticable, the supplying country concerned. Suppliers which are legally distinct from other 
suppliers or which are legally distinct from the State may nevertheless be considered as a single 
entity for the purpose of specifying the duty. For the application of this subparagraph, account 
may be taken of factors such as the existence of structural or c orporate links between the 
suppliers and the State or between suppliers, control or material influence by the State in respect 
of pricing and output, or the economic structure of the supplying country.  
 
6. When the Commission has limited its investigation in accordance with Article 17, any anti -
dumping duty applied to imports from exporters or producers which have made themselves known 
in accordance with Article 17 but were not included in the investigation shall not exceed the 
weighted average margin of du mping established with respect to the parties in the sample, 
irrespective of whether the normal value for such parties is determined on the basis of Article 2(1) 
to (6) or point (a) of Article 2(7).  
 
For the purpose of this paragraph, the Commission shall disregard any zero and de minimis 
margins, and margins established in the circumstances referred to in Article 18.  
 
Individual duties shall be applied to imports from any exporter or producer which is granted 
individual treatment, as provided for in Articl e 17. 
 
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- 19 - 
 
  Article 10  
 
Retroactivity  
 
1. Provisional measures and definitive anti -dumping duties shall only be applied to products 
which enter free circulation after the time when the measure ta ken pursuant to Article 7(1) 
or 9(4), as the case may be, enters into force, subject to the exceptions set out in this Regulation.  
 
2. Where a provisional duty has been applied and the facts as finally established show that 
there is dumping and injury, the Commission shall decide, irrespective of whether a definitive an ti-
dumping duty is to be imposed, what proportion of the provisional duty is to be definitively 
collected.  
 
For that purpose, 'injury' shall not include material delay of the establishment of a Union industry, 
nor threat of material injury, except where it  is found that this would, in the absence of provisional 
measures, have developed into material injury. In all other cases involving such threat or delay, 
any provisional amounts shall be released and definitive duties can only be imposed from the date 
on which a final determination of threat or material delay is made.  
 
3. If the definitive anti -dumping duty is higher than the provisional duty, the difference shall 
not be collected. If the definitive duty is lower than the provisional duty, the duty shall b e 
recalculated. Where a final determination is negative, the provisional duty shall not be confirmed.  
 
4. A definitive anti -dumping duty may be levied on products which were entered for 
consumption no more than 90 days prior to the date of application of p rovisional measures but not 
prior to the initiation of the investigation, provided that:  
 
(a) the imports have been registered in accordance with Article 14(5);  
 
(b) the importers concerned have been given an opportunity to comment by the Commission;  
 
(c) there is, for the product in question, a history of dumping over an extended period, or the 
importer was aware of, or should have been aware of, the dumping as regards the extent of the 
dumping and the injury alleged or found; and  
 
(d) in addition to the l evel of imports which caused injury during the investigation period, there 
is a further substantial rise in imports which, in the light of its timing and volume and other 
circumstances, is likely to seriously undermine the remedial effect of the definitive  anti-dumping 
duty to be applied.  
 
5. In cases of breach or withdrawal of undertakings, definitive duties may be levied on goods 
entered for free circulation no more than 90 days before the application of provisional measures, 
provided that the imports hav e been registered in accordance with Article 14(5), and that any such 
retroactive assessment shall not apply to imports entered before the breach or withdrawal of the 
undertaking.  
 
 
Article 11  
 
Duration, reviews and refunds  
 
1. An anti -dumping measure shal l remain in force only as long as, and to the extent that, it is 
necessary to counteract the dumping which is causing injury.  
 
2. A definitive anti -dumping measure shall expire five years from its imposition or five years 
from the date of the conclusion of  the most recent review which has covered both dumping and 
injury, unless it is determined in a review that the expiry would be likely to lead to a continuation 
or recurrence of dumping and injury. Such an expiry review shall be initiated on the initiative  of 
the Commission, or upon a request made by or on behalf of Union producers, and the measure 
shall remain in force pending the outcome of that review.  
 G/ADP/N/1/EU/3  
 
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  An expiry review shall be initiated where the request contains sufficient evidence that the expiry of 
the measures would be likely to 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 e xistence of measures or evidence that the 
circumstances of the exporters, or market conditions, are such that they would indicate the 
likelihood of further injurious dumping.  
 
In carrying out investigations under this paragraph, the exporters, importers, t he representatives 
of the exporting country and the Union producers shall be provided with the opportunity to 
amplify, rebut or comment on the matters set out in the review request, and conclusions shall be 
reached with due account taken of all relevant an d duly documented evidence presented in 
relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead 
to the continuation or recurrence of dumping and injury.  
 
A notice of impending expiry shall be published in the Off icial Journal of the European Union at an 
appropriate time in the final year of the period of application of the measures as defined in this 
paragraph. Thereafter, the Union producers shall, no later than three months before the end of the 
five-year period , be entitled to lodge a review request in accordance with the 
second  subparagraph. A notice announcing the actual expiry of measures pursuant to this 
paragraph shall also be published.  
 
3. The need for the continued imposition of measures may also be revi ewed, where warranted, 
on the initiative of the Commission or at the request of a Member State or, provided that a 
reasonable period of time of at least one year has elapsed since the imposition of the definitive 
measure, upon a request by any exporter or importer or by the Union producers which contains 
sufficient evidence substantiating the need for such an interim review.  
 
An interim review shall be initiated where the request contains sufficient evidence that the 
continued imposition of the measure is n o longer necessary to offset dumping and/or that the 
injury would be unlikely to continue or recur if the measure were removed or varied, or that the 
existing measure is not, or is no longer, sufficient to counteract the dumping which is causing 
injury.  
 
In carrying out investigations pursuant to this paragraph, the Commission may, inter alia, consider 
whether the circumstances with regard to dumping and injury have changed significantly, or 
whether existing measures are achieving the intended results in re moving the injury previously 
established under Article 3. In those respects, account shall be taken in the final determination of 
all relevant and duly documented evidence.  
 
4. A review shall also be carried out for the purpose of determining individual ma rgins of 
dumping for new exporters in the exporting country in question which have not exported the 
product during the period of investigation on which the measures were based.  
 
The review shall be initiated where a new exporter or producer can show that i t is not related to 
any of the exporters or producers in the exporting country which are subject to the anti -dumping 
measures on the product, and that it has actually exported to the Union following the investigation 
period, or where it can demonstrate tha t it has entered into an irrevocable contractual obligation 
to export a significant quantity to the Union.  
 
A review for a new exporter shall be initiated and carried out on an accelerated basis after Union 
producers have been given an opportunity to comme nt. The Commission Regulation initiating a 
review shall repeal the duty in force with regard to the new exporter concerned by amending the 
regulation which has imposed such duty, and by making imports subject to registration in 
accordance with Article 14(5 ) in order to ensure that, should the review result in a determination 
of dumping in respect of such an exporter, anti -dumping duties can be levied retroactively to the 
date of the initiation of the review.  
 
The provisions of this paragraph shall not apply  where duties have been imposed under 
Article  9(6). 
 G/ADP/N/1/EU/3  
 
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  5. The relevant provisions of this Regulation with regard to procedures and the conduct of 
investigations, excluding those relating to time limits, shall apply to any review carried out 
pursuant to parag raphs 2, 3 and 4.  
 
Reviews carried out pursuant to paragraphs 2 and 3 shall be carried out expeditiously and shall 
normally be concluded within 12 months of the date of initiation of the review. In any event, 
reviews pursuant to paragraphs 2 and 3 shall in  all cases be concluded within 15 months of 
initiation.  
 
Reviews pursuant to paragraph 4 shall in all cases be concluded within nine months of the date of 
initiation.  
 
If a review carried out pursuant to paragraph 2 is initiated while a review under paragr aph 3 is 
ongoing in the same proceedings, the review pursuant to paragraph 3 shall be concluded at the 
same time as the review pursuant to paragraph 2.  
 
If the investigation is not completed within the deadlines specified in the second, third and 
fourth  subparagraphs, the measures shall:  
 
— expire in investigations pursuant to paragraph 2,  
 
— expire in the case of investigations carried out pursuant to paragraphs 2 and 3 in parallel, 
where either the investigation pursuant to paragraph 2 was initiated while a r eview under 
paragraph 3 was ongoing in the same proceedings or where such reviews were initiated at 
the same time, or  
 
— remain unchanged in investigations pursuant to paragraphs 3 and 4.  
 
A notice announcing the actual expiry or maintenance of the measures pursuant to this paragraph 
shall then be published in the Official Journal of the European Union . 
 
6. Reviews pursuant to this Article shall be initiated by the Commission. The Commission shall 
decide whether or not to initiate reviews pursuant to paragrap h 2 of this Article in accordance with 
the advisory procedure referred to in Article 15(2). The Commission shall also provide information 
to the Member States once an operator or a Member State has submitted a request justifying the 
initiation of a review pursuant to paragraphs 3 and 4 of this Article and the Commission has 
completed its analysis thereof, or once the Commission has itself determined that the need for the 
continued imposition of measures should be reviewed.  
 
Where warranted by reviews, measu res shall, in accordance with the examination procedure 
referred to in Article 15(3), be repealed or maintained pursuant to paragraph 2 of this Article, or 
repealed, maintained or amended pursuant to paragraphs 3 and 4 of this Article.  
 
Where measures are repealed for individual exporters, but not for the country as a whole, such 
exporters shall remain subject to the proceedings and may, automatically, be reinvestigated in any 
subsequent review carried out for that country pursuant to this Article.  
 
7. Where a review of measures pursuant to paragraph 3 is in progress at the end of the period 
of application of measures as defined in paragraph 2, such a review shall also cover the 
circumstances set out in paragraph 2.  
 
8. Notwithstanding paragraph 2, an import er may request reimbursement of duties collected 
where it is shown that the dumping margin, on the basis of which duties were paid, has been 
eliminated, or reduced to a level which is below the level of the duty in force.  
 
In requesting a refund of anti -dumping duties, the importer shall submit an application to the 
Commission. The application shall be submitted via the Member State of the territory in which the 
products were released for free circulation, within six months of the date on which the amount o f 
the definitive duties to be levied was duly determined by the competent authorities or of the date 
on which a decision was made definitively to collect the amounts secured by way of provisional 
duty. Member States shall forward the request to the Commiss ion forthwith.  
 G/ADP/N/1/EU/3  
 
- 22 - 
 
  An application for refund shall only be considered to be duly supported by evidence where it 
contains precise information on the amount of refund of anti -dumping duties claimed and all 
customs documentation relating to the calculation and p ayment of such amount. It shall also 
include evidence, for a representative period, of normal values and export prices to the Union for 
the exporter or producer to which the duty applies. In cases where the importer is not associated 
with the exporter or p roducer concerned and such information is not immediately available, or 
where the exporter or producer is unwilling to release it to the importer, the application shall 
contain a statement from the exporter or producer that the dumping margin has been redu ced or 
eliminated, as specified in this Article, and that the relevant supporting evidence will be provided 
to the Commission. Where such evidence is not forthcoming from the exporter or producer within 
a reasonable period of time the application shall be rejected.  
 
The Commission shall decide whether and to what extent the application should be granted, or it 
may decide at any time to initiate an interim review, whereupon the information and findings from 
such a review carried out in accordance with the pr ovisions applicable for such reviews shall be 
used to determine whether and to what extent a refund is justified. The Commission shall provide 
information to the Member States once it has completed its analysis of the application.  
 
Refunds of duties shall normally take place within 12 months, and in no circumstances more than 
18 months after the date on which a request for a refund, duly supported by evidence, has been 
made by an importer of the product subject to the anti -dumping duty.  
 
The payment of any refund authorised should normally be made by Member States within 90 days 
of the Commission's decision.  
 
9. In all review or refund investigations carried out pursuant to this Article, the Commission 
shall, provided that circumstances have not changed, app ly the same methodology as in the 
investigation which led to the duty, with due account being taken of Article 2, and in particular 
paragraphs 11 and 12 thereof, and of Article 17.  
 
10. In any investigation carried our pursuant to this Article, the Commiss ion shall examine the 
reliability of export prices in accordance with Article 2. However, where it is decided to construct 
the export price in accordance with Article 2(9), it shall calculate it with no deduction for the 
amount of anti -dumping duties paid when conclusive evidence is provided that the duty is duly 
reflected in resale prices and the subsequent selling prices in the Union.  
 
 
Article 12  
 
Absorption  
 
1. Where the Union industry or any other interested party submit, normally within two years 
from the entry into force of the measures, sufficient information showing that, after the original 
investigation period and prior to or following the imposition of measures, export prices have 
decreased or that there has been no movement, or insufficient movem ent, in the resale prices or 
subsequent selling prices of the imported product in the Union, the Commission may reopen the 
investigation to examine whether the measure has had effects on the abovementioned prices. The 
Commission shall provide information t o the Member States once an interested party has 
submitted sufficient information justifying the reopening of the investigation and the Commission 
has completed its analysis thereof.  
 
The investigation may also be reopened, under the conditions set out in the first subparagraph, on 
the initiative of the Commission or at the request of a Member State.  
 
2. During a reinvestigation pursuant to this Article, exporters, importers and Union producers 
shall be provided with an opportunity to clarify the situation with regard to resale prices and 
subsequent selling prices. If it is concluded that the measure should have led to movements in 
such prices, then, in order to remove the injury previously established in accordance with Article 3, 
export prices shall be rea ssessed in accordance with Article 2 and dumping margins shall be 
recalculated to take account of the reassessed export prices. Where it is considered that the 
conditions of Article 12(1) are met due to a fall in export prices which has occurred after the G/ADP/N/1/EU/3  
 
- 23 - 
 
  original investigation period and prior to or following the imposition of measures, dumping margins 
may be recalculated to take account of such lower export prices.  
 
3. Where a reinvestigation pursuant to this Article shows increased dumping, the measures in 
force may be amended by the Commission acting in accordance with the examination procedure 
referred to in Article 15(3), in accordance with the new findings on export prices. The amount of 
the anti -dumping duty imposed pursuant to this Article shall not  exceed twice the amount of the 
duty imposed initially.  
 
4. The relevant provisions of Articles 5 and 6 shall apply to any reinvestigation carried out 
pursuant to this Article, except that such reinvestigation shall be carried out expeditiously and 
shall n ormally be concluded within six months of the date of initiation of the reinvestigation. In any 
event, such reinvestigations shall in all cases be concluded within nine months of initiation of the 
reinvestigation.  
 
If the reinvestigation is not completed w ithin the deadlines specified in the first subparagraph, 
measures shall remain unchanged. A notice announcing the maintenance of the measures 
pursuant to this paragraph shall be published in the Official Journal of the European Union . 
 
5. Alleged changes i n normal value shall only be taken into account under this Article where 
complete information on revised normal values, duly substantiated by evidence, is made available 
to the Commission within the time limits set out in the notice of initiation of an inv estigation. 
Where an investigation involves a re -examination of normal values, imports may be made subject 
to registration in accordance with Article 14(5) pending the outcome of the reinvestigation.  
 
 
Article 13  
 
Circumvention  
 
1. Anti-dumping duties impo sed pursuant to this Regulation may be extended to imports from 
third countries of the like product, whether slightly modified or not, or to imports of the slightly 
modified like product from the country subject to measures, or parts thereof, when circumve ntion 
of the measures in force is taking place.  
 
Anti-dumping duties not exceeding the residual anti -dumping duty imposed in accordance with 
Article 9(5) may be extended to imports from companies benefiting from individual duties in the 
countries subject t o measures when circumvention of the measures in force is taking place.  
 
Circumvention shall be defined as a change in the pattern of trade between third countries and the 
Union or between individual companies in the country subject to measures and the Uni on, which 
stems from a practice, process or work for which there is insufficient due cause or economic 
justification other than the imposition of the duty, and where there is evidence of injury or that the 
remedial effects of the duty are being undermined in terms of the prices and/or quantities of the 
like product, and where there is evidence of dumping in relation to the normal values previously 
established for the like product, if necessary in accordance with the provisions of Article 2.  
 
The practice, p rocess or work referred to in the third subparagraph includes, inter alia:  
 
(a) the slight modification of the product concerned to make it fall under customs codes which 
are normally not subject to the measures, provided that the modification does not alt er its 
essential characteristics;  
 
(b) the consignment of the product subject to measures via third countries;  
 
(c) the reorganisation by exporters or producers of their pattern s and channels of sales in the 
country subject to measures in order to eventual ly have their products exported to the Union 
through producers benefiting from an individual duty rate lower than that applicable to the 
products of the manufacturers;  
 
(d) in the circumstances indicated in paragraph 2, the assembly of parts by an assembly  
operation in the Union or a third country.  G/ADP/N/1/EU/3  
 
- 24 - 
 
  2. An assembly operation in the Union or a third country shall be considered to circumvent the 
measures in force where:  
 
(a) the operation started or substantially increased since, or just prior to, the initiatio n of the 
anti-dumping investigation and the parts concerned are from the country subject to measures; and  
 
(b) the parts constitute 60% or more of the total value of the parts of the assembled product, 
except that in no case shall circumvention be consider ed to be taking place where the value added 
to the parts brought in, during the assembly or completion operation, is greater than 25% of the 
manufacturing cost; and  
 
(c) the remedial effects of the duty are being undermined in terms of the prices and/or 
quantities of the assembled like product and there is evidence of dumping in relation to the normal 
values previously established for the like or similar products.  
 
3. Investigations shall be initiated pursuant to this Article on the initiative of the Commis sion 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. Initiations shall be made by Commission Regulation 
which may also instruct customs authorities to subject imp orts 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 investi gation a nd the Commission has completed its analysis thereof, or where the 
Commission has itself determined that there is a need to initiate an investigation.  
 
Investigations shall be carried out by the Commission. The Commission may be assisted by 
customs authori ties and the investigation shall be concluded within nine months.  
 
Where the facts as finally ascertained justify the extension of measures, this shall be done by the 
Commission acting in accordance with the examination procedure referred to in Article 15( 3). The 
extension shall take effect from the date on which registration was imposed pursuant to 
Article  14(5), or on which guarantees were requested. The relevant procedural provisions of this 
Regulation concerning the initiation and the conduct of investi gations shall apply pursuant to this 
Article.  
 
4. Imports 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 the Commission regulation initiating the investigation.  
 
Where the circumventing practice, process or work takes place outside the Union, exemptions may 
be granted to producers of the product concerned th at can show that they are not related to any 
producer subject to the measures and that are found not to be engaged in circumvention practices 
as defined in paragraphs 1 and 2 of this Article.  
 
Where the circumventing practice, process or work takes place i nside the Union, exemptions may 
be granted to importers that can show that they are not related to producers subject to the 
measures.  
 
Those exemptions shall be granted by decision of the Commission and shall remain valid for the 
period and under the condi tions set down therein. The Commission shall provide information to the 
Member States once it has concluded its analysis.  
 
Provided that the conditions set in Article 11(4) are met, exemptions may also be granted after the 
conclusion of the investigation l eading to the extension of the measures.  
 
Provided that at least one year has lapsed from the extension of the measures, and in case the 
number of parties requesting or potentially requesting an exemption is significant, the Commission 
may decide to initia te a review of the extension of the measures. Any such review shall be 
conducted in accordance with the provisions of Article 11(5) as applicable to reviews pursuant to 
Article 11(3).  
 G/ADP/N/1/EU/3  
 
- 25 - 
 
  5. Nothing in this Article shall preclude the normal application of the  provisions in force 
concerning customs duties.  
 
 
Article 14  
 
General provisions  
 
1. Provisional or definitive anti -dumping duties shall be imposed by regulation, and collected by 
Member States in the form, at the rate specified and according to the other criteria laid down in 
the regulation imposing such duties. Such duties shall also be collected independently of the 
customs duties, taxes and other charges normally imposed on imports.  
 
No product shall be subject to both anti -dumping and countervailing du ties for the purpose of 
dealing with one and the same situation arising from dumping or from export subsidisation.  
 
2. Regulations imposing provisional or definitive anti -dumping duties, and regulations or 
decisions accepting undertakings or terminating in vestigations or proceedings, shall be published 
in the Official Journal of the European Union . 
 
Such regulations or decisions shall contain in particular, and with due regard to the protection of 
confidential information, the names of the exporters, if pos sible, or of the countries involved, a 
description of the product and a summary of the material facts and considerations relevant to the 
dumping and injury determinations. In each case, a copy of the regulation or decision shall be sent 
to known interested  parties. The provisions of this paragraph shall apply mutatis mutandis  to 
reviews.  
 
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 
Council1, may be adopted pursuant to this Regulation.  
 
4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a 
decision of the Commission in accordance with the advisory procedure referred to in Article 15(2 ) 
for a period of nine months. The suspension may be extended for a further period, not exceeding 
one year, by the Commission acting in accordance with the advisory procedure referred to in 
Article 15(2).  
 
Measures may only be suspended where market condit ions have temporarily changed to an extent 
that injury would be unlikely to resume as a result of the suspension, and provided that the Union 
industry has been given an opportunity to comment and those comments have been taken into 
account. Measures may at  any time be reinstated in accordance with the advisory procedure 
referred to in Article 15(2) if the reason for suspension is no longer applicable.  
 
5. The Commission may, after having informed the Member States in due time, 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 may be 
made subject to registration following a request from the Union industry which contain s sufficient 
evidence to justify such action. Registration shall be introduced by regulation which shall specify 
the purpose of the action and, if appropriate, the estimated amount of possible future liability. 
Imports shall not be made subject to registra tion for a period longer than nine months.  
 
6. Member States shall report to the Commission every month on the import trade in products 
subje ct to investi gation and to measures, and on the amount of duties collected pursuant to this 
Regulation.  
 
7. Without  prejudice to paragraph 6, the Commission may request Member States, on a case -
by-case basis, to supply information necessary to monitor efficiently the application of measures. 
In this respect, the provisions of Article 6(3) and (4) shall apply. Any data submitted by Member 
States pursuant to this Article shall be covered by the provisions of Article 19(6).  
                                                
1 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  
 
- 26 - 
 
  Article 15  
 
Committee procedure  
 
1. The Commission shall be assisted by a committee. That committee shall be a committee 
within the meaning of Regulati on (EU) No 182/2011.  
 
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall 
apply.  
 
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall 
apply.  
 
4. Where reference is made to th is paragraph, Article 8 of Regulation (EU) No 182/2011, in 
conjunction with Article 4 thereof, shall apply.  
 
5. Pursuant to Article 3(5) of Regulation (EU) No 182/2011, where the written procedure is 
used to adopt definitive measures pursuant to paragraph 3 of this Article, or to decide on the 
initiation or non -initiation of expiry reviews pursuant to Article 11(6) of this Regulation, that 
procedure shall be terminated without result where, within the time limit set down by the chair, 
the chair so decides o r a majority of committee members as define d in Article 5(1) of 
Regulation  (EU) No 182/2011 so request. Where the written procedure is used in other instances 
where there has been a discussion of the draft measure in the committee, such procedure shall be 
terminated without result where, within the time limit set down by the chair, the chair so decides 
or a simple majority of committee members so request. Where the written procedure is used in 
other instances where there has not been a discussion of the dra ft measure in the committee, such 
procedure shall be terminated without result where, within the time limit set down by the chair, 
the chair so decides or at least a quarter of committee members so request.  
 
6. The committee may consider any matter relatin g to the application of this Regulation, raised 
by the Commission or at the request of a Member State. Member States may request information 
and may exchange views in the committee or directly with the Commission.  
 
 
Article 16  
 
Verification visits  
 
1. The Commission shall, where it considers it appropriate, carry out visits to examine the 
records of importers, exporters, traders, agents, producers, trade associations and organisations 
and to verify information provided on dumping and injury. In the absence of a proper and timely 
reply, the Commission may choose not to carry out a verification visit.  
 
2. The Commission may carry out investigations in third countries as required, provided that it 
obtains the agreement of the firms concerned, that it notifies t he representatives of the 
government of the country in question and that the latter does not object to the investigation. As 
soon as the agreement of the firms concerned has been obtained, the Commission shall notify the 
authorities of the exporting countr y of the names and addresses of the firms to be visited and the 
dates agreed.  
 
3. The firms concerned shall be advised of the nature of the information to be verified during 
verification visits and of any further information which needs to be provided duri ng such visits, 
though this does not preclude requests, made during the verification, for further details to be 
provided in the light of information obtained.  
 
4. In investigations carried out pursuant to paragraphs 1, 2 and 3, the Commission shall be 
assisted by officials of those Member States which so request.  
 
 G/ADP/N/1/EU/3  
 
- 27 - 
 
  Article 17  
 
Sampling  
 
1. In cases where the number of complainants, exporters or importers, types of product or 
transactions is large, the investigation may be limited to a reasonable number of p arties, 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, though 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 three weeks of initiation 
of the investigation, to enable a representative sample to be chosen.  
 
3. In cases where the inv estigation has been limited in accordance with this Article, an 
individual margin of dumping shall, nevertheless, be calculated for any exporter or producer not 
initially selected who submits the necessary information within the time limits provided for in  this 
Regulation, except where the number of exporters or producers is so large that individual 
examinations would be unduly burdensome and would prevent completion of the investigation in 
good time.  
 
4. Where it is decided to sample and there is a degree of non -cooperation by some or all of the 
parties selected which is likely to materially affect the outcome of the investigation, a new sample 
may be selected.  
 
However, if a material degree of non -cooperation persists or there is insufficient time to selec t a 
new sample, the relevant provisions of Article 18 shall apply.  
 
 
Article 18  
 
Non-cooperation  
 
1. In cases in which any interested party refuses access to, or otherwise does not provide, 
necessary information within the time limits provided for in this Regulation, or significantly 
impedes the investigation, provisional or final findings, affirmative or negative, may be made on 
the basis of the facts available.  
 
Where it is found that any interested party has supplied false or misleading information, that  
information shall be disregarded and use may be made of facts available.  
 
Interested parties shall be made aware of the consequences of non -cooperation.  
 
2. Failure to give a computerised response shall not be deemed to constitute non -cooperation, 
provide d that the interested party shows that presenting the response as requested would result in 
an unreasonable extra burden or unreasonable additional cost.  
 
3. Where the information submitted by an interested party is not ideal in all respects, it shall 
nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue 
difficulty in arriving at a reasonably accurate finding and that the information is appropriately 
submitted in good time and is verifiable, and that the party has ac ted to the best of its ability.  
 
4. If evidence or information is not accepted, the supplying party shall be informed forthwith of 
the reasons therefor and shall be granted an opportunity to provide further explanations within the 
time limit specified. If the explanations are considered unsatisfactory, the reasons for rejection of 
such evidence or information shall be disclosed and given in published findings.  
 
5. If determinations, including those regarding normal value, are based on the provisions of 
paragraph 1, including the information supplied in the complaint, it shall, where practicable and 
with due regard to the time limits of the investigation, be checked by reference to information G/ADP/N/1/EU/3  
 
- 28 - 
 
  from other independent sources which may be available, such as pub lished price lists, official 
import statistics and customs returns, or information obtained from other interested parties during 
the investigation.  
 
Such information may include relevant data pertaining to the world market or other representative 
markets, where appropriate.  
 
6. If an interested party does not cooperate, or cooperates only partially, so that relevant 
information is thereby withheld, the result of the investigation may be less favourable to the party 
than if it had cooperated.  
 
 
Article 19  
 
Confidentiality  
 
1. Any information which is by nature confidential (for example, because its disclosure would 
be of significant competitive advantage to a competitor or would have a significantly adverse effect 
upon a person supplying the information or up on a person from whom the person supplying the 
information has acquired the information) or which is provided on a confidential basis by parties to 
an investigation shall, if good cause is shown, be treated as such by the authorities.  
 
2. Interested partie s providing confidential information shall be required to provide non -
confidential summaries thereof. Those summaries shall be in sufficient detail to permit a 
reasonable understanding of the substance of the information submitted in confidence. In 
excepti onal circumstances, such parties may indicate that such information is not capable of being 
summarised. In such exceptional circumstances, a statement of the reasons why such 
summarisation is not possible shall be provided.  
 
3. If it is considered that a r equest for confidentiality is not warranted and if the supplier of the 
information is either unwilling to make the information available or to authorise its disclosure in 
generalised or summary form, such information may be disregarded unless it can be sat isfactorily 
demonstrated from appropriate sources that the information is correct. Requests for confidentiality 
shall not be arbitrarily rejected.  
 
4. This Article shall not preclude the disclosure of general information by the Union authorities, 
and, in p articular, of the reasons on which decisions taken pursuant to this Regulation are based, 
or disclosure of the evidence relied on by the Union authorities in so far as is necessary to explain 
those reasons in court proceedings. Such disclosure shall take i nto account the legitimate interests 
of the parties concerned that their business secrets not be divulged.  
 
5. The Commission and Member States, including the officials of either, shall not reveal any 
information received pursuant to this Regulation for wh ich confidential treatment has been 
requested by its supplier, without specific permission from that supplier. Exchanges of information 
between the Commission and Member States, or any internal documents prepared by the 
authorities of the Union or the Memb er States, shall not be divulged except as specifically provided 
for in this Regulation.  
 
6. Information received pursuant to this Regulation shall be used only for the purpose for which 
it was requested.  
 
This provision shall not preclude the use of infor mation received in the context of one investigation 
for the purpose of initiating other investigations within the same proceedings in relation to the 
product concerned.  
 
 
Article 20  
 
Disclosure  
 
1. The complainants, importers and exporters and their repres entative associations, and 
representatives of the exporting country, may request disclosure of the details underlying the G/ADP/N/1/EU/3  
 
- 29 - 
 
  essential facts and considerations on the basis of which provisional measures have been imposed. 
Requests for such disclosure shall be  made in writing immediately following the imposition of 
provisional measures, and the disclosure shall be made in writing as soon as possible thereafter.  
 
2. The parties mentioned in paragraph 1 may request final disclosure of the essential facts and 
considerations on the basis of which it is intended to recommend the imposition of definitive 
measures, or the termination of an investigation or proceedings without the imposition of 
measures, particular attention being paid to the disclosure of any facts or considerations which are 
different from those used for any provisional measures.  
 
3. Requests for final disclosure, as defined in paragraph 2, shall be addressed to the 
Commission in writing and be received, in cases where a provisional duty has been impos ed, no 
later than one month after publication of the imposition of that duty. Where a provisional duty has 
not been imposed, parties shall be provided with an opportunity to request final disclosure within 
time limits set by the Commission.  
 
4. Final discl osure shall be given in writing. It shall be made, due regard being had to the 
protection of confidential information, as soon as possible and, normally, no later than one month 
prior to the initiation of the procedures set out in Article 9. Where the Comm ission is not in a 
position to disclose certain facts or considerations at that time, they shall be disclosed as soon as 
possible thereafter.  
 
Disclosure shall not prejudice any subsequent decision which may be taken by the Commission, 
but where such a dec ision is based on any different facts and considerations they shall be disclosed 
as soon as possible.  
 
5. Representations made after final disclosure is given shall be taken into consideration only if 
received within a period to be set by the Commission in  each case, which shall be at least 10 days, 
due consideration being given to the urgency of the matter. A shorter period may be set whenever 
an additional final disclosure has to be made.  
 
 
Article 21  
 
Union interest  
 
1. A determination as to whether the Union's interest calls for intervention shall be based on an 
appreciation of all the various interests taken as a whole, including the interests of the domestic 
industry and users and consumers. A determination pursuant to this Article shall only be made 
where all parties have been given the opportunity to make their views known pursuant to 
paragraph 2. In such an examination, the need to eliminate the trade distorting effects of injurious 
dumping and to restore effective competition shall be given special consideration. Measures, as 
determined on the basis of the dumping and injury found, may not be applied where the 
authorities, on the basis of all the information submitted, can clearly conclude that it is not in the 
Union's interest to apply such measures . 
 
2. In order to provide a sound basis on which the authorities 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 
interest, the complainants, importers and their representative associations, representative users 
and representative consumer organisations may, within the time limits specified in the notice of 
initiation of the anti -dumping investigation, make themselves known and provide information to 
the Commission. Such informat ion, 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.  
 
3. The parties which have acted in accordance with paragraph 2 may request a hearing.  Such 
requests shall be granted when they are submitted within the time limits set in paragraph 2, and 
when they set out the reasons, in terms of the Union's interest, why the parties should be heard.  
 
4. The parties which have acted in accordance with par agraph 2 may provide comments on the 
application of any provisional duties. Such comments shall be received within 25 days of the date 
of application of such measures if they are to be taken into account and they, or appropriate G/ADP/N/1/EU/3  
 
- 30 - 
 
  summaries thereof, shall be  made available to other parties who shall be entitled to respond to 
such comments.  
 
5. The Commission shall examine the information which is properly submitted and the extent 
to which it is represen tative, and the results of such analysis, together with a n opinion on its 
merits, shall be transmitted to the committee referred to in Article 15 as part of the draft measure 
submitted pursuant to Article 9. The views expressed in the committee should be taken into 
account by the Commission under the conditions provided for in Regulation (EU) No 182/2011.  
 
6. The parties which have acted in conformity with paragraph 2 may request that the facts and 
considerations on which final decisions are likely to be taken be made available to them. Such 
information shall be made available to the extent possible and without prejudice to any 
subsequent decision taken by the Commission.  
 
7. Information shall only be taken into account where it is supported by actual evidence which 
substantiates its validity.  
 
 
Article 22  
 
Final provisions  
 
This Regulation shall not preclude the application of:  
 
(a) any special rules laid down in agreements concluded between the Union and third countries;  
 
(b) the Union Regulations in the agricultural sector and Council Regulations (EC) 
No 1667/2 0061, (EC) No 614/20092 and (EC) No 1216/20093. This Regulation shall operate by way 
of complement to those Regulations and in derogation from any provisions thereof which preclude 
the application of anti -dumping duties;  
 
(c) special measures, provided tha t such action does not run counter to obligations under the 
General Agreement on Tariffs and Trade 1994.  
 
 
Article 23  
 
Report  
 
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. The report shall include information 
about the application of provisional and definitive measures, the termination of investigations 
without measures, reinvestigations, reviews 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.  
 
2. The European Parliament ma y, within one month of the Commission presenting the report, 
invite the Commission to an ad hoc meeting of its responsible committee to present and explain 
any issues related to the implementation of this Regulation.  
 
3. No later than six months after pres enting the report to the European Parliament and to the 
Council, the Commission shall make the report public.  
 
 
                                                
1 Council Regulation (EC) No 1667/2006 of 7 November 2006 on glucose and lactose (OJ L 312, 
11.11.2006, p. 1).  
2 Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin 
and lactalbumin (OJ L 181, 14.7.2009, p. 8).  
3 Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements 
applicable to certa in goods resulting  from the processing of agricultural products (OJ L 328, 15.12.2009, 
p. 10). G/ADP/N/1/EU/3  
 
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  Article 24  
 
Repeal  
 
Regulation (EC) No 1225/2009 is repealed.  
 
References to the repealed Regulation shall be construed as references to this Re gulation and shall 
be read in accordance with the correlation table in Annex II.  
 
 
Article 25  
 
Entry into force  
 
This Regulation shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union . 
 
 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
 
Done at Strasbourg, 8 June 2016.  
 
 
For the European Parliament      For the Council  
The President        The President  
M. SCHULZ         A.G. KOENDERS  
 
 
______ _________  
 G/ADP/N/1/EU/3  
 
- 32 - 
 
  ANNEX I  
 
REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS  
 
 
Council Regulation (EC) No 1225/2009  
(OJ L 343, 22.12.2009, p. 51)  
 
Regulation (EU) No 765/2012 of the European Parliament and of the Council  
(OJ L 237, 3.9.2012, p. 1)  
 
Regulation (EU) No 1168/2012 of the European Parliament and of the Council  
(OJ L 344, 14.12.2012, p. 1)  
 
Regulation (EU) No 37/2014 of the European Parliament and of the Council  
(OJ L 18, 21.1.2014, p. 1)  
 Only point 22 of the Annex  
 G/ADP/N/1/EU/3  
 
- 33 - 
 
  ANNEX II  
 
CORRELATION  TABLE  
 
 
Regulation (EC) No 1225/2009  This Regulation  
Articles 1 to 4  
 
Article 5(1) to (9)  
 
Article 5(10), first sentence  
 
Article 5(10), second and third sentence  
 
Article 5(11) and (12)  
 
Article 6(1), first and second sentence  
 
Article 6(1), third sen tence  
 
Article 6(1), fourth sentence  
 
Article 6(2)  
 
Article 6(3), first sentence  
 
Article 6(3), second sentence  
 
Article 6(3), third sentence  
 
Article 6(4), first sentence  
 
Article 6(4), second sentence  
 
Article 6(4), third sentence  
 
Article 6(5)  
 
Article 6(6), first sentence  
 
Article 6(6), second sentence  
 
Article 6(6), third sentence  
 
Article 6(6), fourth sentence  
 
Article 6(7), first sentence  
 
Article 6(7), second sentence  
 
Article 6(8) and (9)  
 
Article 7(1), first sentence  
 
Article 7(1), s econd sentence  
 
Article 7(2) to (5)  
 
Article 7(7)  
 
Article 8(1), first sentence  
 
Article 8(1), second sentence  
 
Article 8(1), third sentence  
 
Article 8(2), first and second sentence  
 
Article 8(2), third and fourth sentence  
 
Article 8(2), fifth sentenc e Articles 1 to 4  
 
Article 5(1) to (9)  
 
Article 5(10), first subparagraph  
 
Article 5(10), second subparagraph  
 
Article 5(11) and (12)  
 
Article 6(1), first subparagraph  
 
Article 6(1), second subparagraph  
 
Article 6(1), third subparagraph  
 
Article 6(2)  
 
Article 6(3), first subparagraph  
 
Article 6(3), second subparagraph  
 
Article 6(3), third subparagraph  
 
Article 6(4), first subparagraph  
 
Article 6(4), second subparagraph  
 
Article 6(4), third subparagraph  
 
Article 6(5)  
 
Article 6(6), first subparagr aph  
 
Article 6(6), second subparagraph  
 
Article 6(6), third subparagraph  
 
Article 6(6), fourth subparagraph  
 
Article 6(7), first subparagraph  
 
Article 6(7), second subparagraph  
 
Article 6(8) and (9)  
 
Article 7(1), first subparagraph  
 
Article 7(1), s econd subparagraph  
 
Article 7(2) to (5)  
 
Article 7(6)  
 
Article 8(1), first subparagraph  
 
Article 8(1), second subparagraph  
 
Article 8(1), third subparagraph  
 
Article 8(2), first subparagraph  
 
Article 8(2), second subparagraph  
 
Article 8(2), third sub paragraph  
 G/ADP/N/1/EU/3  
 
- 34 - 
 
   
Regulation (EC) No 1225/2009  This Regulation  
Article 8(3), (4) and (5)  
 
Article 8(6), first and second sentence  
 
Article 8(6), third sentence  
 
Article 8(7) and (8)  
 
Article 8(9), first subparagraph  
 
Article 8(9), second subparagraph, first and second sentence  
 
Article 8(9), second subparagraph, third sentence  
 
Article 8(10)  
 
Article 9(1), (2) and (3)  
 
Article 9(4), first sentence  
 
Article 9(4), second sentence  
 
Article 9(5)  
 
Article 9(6), first sentence  
 
Article 9(6), second sentence  
 
Article 9(6), third sentence  
 
Article 10(1)  
 
Article 10(2), first sentence  
 
Article 10(2), second and third sentence  
 
Article 10(3)  
 
Article 10(4), introductory wording  
 
Article 10(4)(a)  
 
Article 10(4)(b)  
 
Article 10(5)  
 
Article 11(1) to (4)  
 
Article 1 1(5), first subparagraph, first sentence  
 
Article 11(5), first subparagraph, second and third sentence  
 
Article 11(5), first subparagraph, fourth sentence  
 
Article 11(5), first subparagraph, fifth sentence  
 
Article 11(5), second subparagraph  
 
Article 11( 5), third subparagraph  
 
Article 11(6), first, second and third sentence  
 
Article 11(6), fourth sentence  
 
Article 11(6), fifth sentence  
 
Article 11(7)  Article 8(3), (4) and (5)  
 
Article 8(6), first subparagraph  
 
Article 8(6), second subparagraph  
 
Article  8(7) and (8)  
 
Article 8(9), first subparagraph  
 
Article 8(9), second subparagraph  
 
Article 8(9), third subparagraph  
 
Article 8(10)  
 
Article 9(1), (2) and (3)  
 
Article 9(4), first subparagraph  
 
Article 9(4), second subparagraph  
 
Article 9(5)  
 
Article 9 (6), first subparagraph  
 
Article 9(6), second subparagraph  
 
Article 9(6), third subparagraph  
 
Article 10(1)  
 
Article 10(2), first subparagraph  
 
Article 10(2), second subparagraph  
 
Article 10(3)  
 
Article 10(4), introductory wording and points (a) and ( b)  
 
Article 10(4)(c)  
 
Article 10(4)(d)  
 
Article 10(5)  
 
Article 11(1) to (4)  
 
Article 11(5), first subparagraph  
 
Article 11(5), second subparagraph  
 
Article 11(5), third subparagraph  
 
Article 11(5), fourth subparagraph  
 
Article 11(5), fifth subparagrap h  
 
Article 11(5), sixth subparagraph  
 
Article 11(6), first subparagraph  
 
Article 11(6), second subparagraph  
 
Article 11(6), third subparagraph  
 
Article 11(7)  
 G/ADP/N/1/EU/3  
 
- 35 - 
 
   
Regulation (EC) No 1225/2009  This Regulation  
Article 11(8), first, second and third subpa ragraph  
 
Article 11(8), fourth subparagraph, first and second sentence  
 
Article 11(8), fourth subparagraph, third sentence  
 
Article 11(8), fourth subparagraph, fourth sentence  
 
Article 11(9) and (10)  
 
Article 12  
 
Article 13(1), first subparagraph, first sentence  
 
Article 13(1), first subparagraph, second sentence  
 
Article 13(1), first subparagraph, third sentence  
 
Article 13(1), second subparagraph  
 
Article 13(2) and (3)  
 
Article 13(4), first subparagraph, first sentence  
 
Article 13(4), first subparag raph, second sentence  
 
Article 13(4), first subparagraph, third sentence  
 
Article 13(4), first subparagraph, fourth sentence  
 
Article 13(4), second subparagraph  
 
Article 13(4), third subparagraph  
 
Article 13(4), fourth subparagraph  
 
Article 13(5)  
 
Article 14(1), first and second sentence  
 
Article 14(1), third sentence  
 
Article 14(2), first sentence  
 
Article 14(2), second, third and fourth sentence  
 
Article 14(3)  
 
Article 14(4), first and second sentence  
 
Article 14(4), third and fourth sentence  
 
Article 14(5), (6) and (7)  
 
Articles 15 and 16  
 
Article 17(1), (2) and (3)  
 
Article 17(4), first sentence  
 
Article 17(4), second sentence  
 
Article 18(1), first sentence  
 
Article 18(1), second sentence  
 
Article 18(1), third sentence  Article 11(8), first, second and third subparagraph  
 
Article 11(8), fourth subparagraph  
 
Article 11(8), fifth subparagraph  
 
Article 11(8), sixth subparagraph  
 
Article 11(9) and (10)  
 
Article 12  
 
Article 13(1), first subparagraph  
 
Article 13(1), second subparagraph  
 
Article  13(1), third subparagraph  
 
Article 13(1), fourth subparagraph  
 
Article 13(2) and (3)  
 
Article 13(4), first subparagraph  
 
Article 13(4), second subparagraph  
 
Article 13(4), third subparagraph  
 
Article 13(4), fourth subparagraph  
 
Article 13(4), fifth subparagraph  
 
Article 13(4), sixth subparagraph  
 
Article 13(4), seventh subparagraph  
 
Article 13(5)  
 
Article 14(1), first subparagraph  
 
Article 14(1), second subparagraph  
 
Article 14(2), first subparagraph  
 
Article 14(2), second subparagraph  
 
Article 14(3)  
 
Article 14(4), first subparagraph  
 
Article 14(4), second subparagraph  
 
Article 14(5), (6) and (7)  
 
Articles 15 and 16  
 
Article 17(1), (2) and (3)  
 
Article 17(4), first subparagraph  
 
Article 17(4), second subparagraph  
 
Article 18(1), first subp aragraph  
 
Article 18(1), second subparagraph  
 
Article 18(1), third subparagraph  
 
 G/ADP/N/1/EU/3  
 
- 36 - 
 
   
Regulation (EC) No 1225/2009  This Regulation  
Article 18(2) to (6)  Article 18(2) to (6)  
Article 19(1) to (5)  Article 19(1) to (5)  
Article 19(6), first sentence  Article 19(6), first subparagraph  
Article 19(6), second sentence  Article 19(6), second subparagraph  
Article 20(1), (2) and (3)  Article 20(1), (2) and (3)  
Article 20(4), first, second and third sentence  Article 20(4), first subparagraph  
Article 20(4), fourth se ntence  Article 20(4), second subparagraph  
Article 20(5)  Article 20(5)  
Articles 21 and 22  Articles 21 and 22  
Article 22a  Article 23  
Article 23  Article 24  
Article 24  Article 25  
Annex I  — 
Annex II  — 
— Annex I  
— Annex II  
 
 
 
__________