G/ADP/Q1/EU/3  
G/SCM/Q1/EU/3  
 
20 October  2017 
(17-5696) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UND ER 
ARTICLE 18.5 OF THE AGREEMENT  
REPLY TO QUEST IONS1 POSED BY THE RUSSIA N FEDERATION  
REGARDING THE NOTIFICATION OF THE EUROPEAN UNION2 
The following communication, dated 19 October  2017, is being circulated at the re quest of the 
Delegation of the European Union . 
 
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The Russian Federation thanks the European Union for its notification of Regulation (EU) 
2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection 
against dumped i mports from countries not members of the European Union (codified 
version)3 ("the New Basic AD Regulation") repealing Council Regulation (EC) 
No 1225/2009 of 30 November 2009 on protection against dumped imports from 
countries not members of the European C ommunity4 ("the Previous Basic 
AD Regulation") and poses the following questions.  
 
Question 1  
 
Please explain the reasons and intentions for the adoption of the New Basic 
AD Regulation that repealed the Previous Basic AD Regulation. Please clarify whether 
codification of the Previous Basic AD Regulation was the only reason for adoption of the 
New Basic AD Regulation, and which types of amendments are covered by such 
codification?  
 
Question 2  
 
Did the New Basic AD Regulation introduce any substantive differe nces to the text in 
comparison to the Previous Basic AD Regulation, or any textual differences that could 
lead to different substantive interpretations compared to the Previous Basic 
AD Regulation? Should either be the case, please provide detailed explana tions of the 
substance of the differences and the reasons for amending the text.  
 
Question 3  
 
As it follows form the language of Article 18(1) of the New Basic AD Regulation, its 
wording is more precise as regards the scope of information to be disregarded  ("that 
information [i.e. which is false or misleading or not otherwise provided] shall be 
disregarded") than the more discretionary wording in Article 18(1) of the Previous Basic 
                                                
1 G/ADP/Q1/EU/ 2. 
2 G/ADP/N/1/EU/3 . 
3 OJ L 176 of 30.06.2016, p. 21 . 
4 OJ L 343/51 of 22.12.2009, as amended by Regulation (EU) No 37/2014 of the European Parliament 
and of the Council of 15 January 2014 (OJ L 18, 21.1.2014), Regulati on (EU) No 1168/2012 of the European 
Parliament and of the Council of 12.12.2012 (OJ L 344/1 of 14.12.2012), Regulation (EU) No 765/2012 of the 
European Parliament and of the Council of 13.06.2012 (OJ L 237/1, 3.9.2012), and corrected by the 
corrigendum pu blished in OJ L 7/22 of 12.1.2010.  G/ADP/Q1/EU/3 • G/SCM/Q1/EU/3  
 
- 2 - 
 
  AD Regulation (" the information [i.e. the information provided by any intere sted party] 
shall be disregarded". Please explain the reasons and the purposes of introduction of 
this more prec ise wording into Article 18(1).  
 
Question 4  
 
Please explain whether and, if so, how the wording of Article 18(1) provided in the New 
Basic AD Re gulation allows the European Union in vestigating authority to fulfil  more 
precisely the obligations under Article 6.8 of the Agreement on Implementation of 
Article VI of GATT 1994 (hereinafter – AD Agreement)?  
 
Question 5  
 
Please describe any changes intro duced in the New Basic AD Regulation with respect to 
the opportunities of the interested parties to defend their interests throughout the 
anti-dumping investigations. Do any such changes enable the European Union 
investigating authority to better fulfil it s obligations under Article 6.2 of AD Agreement? 
In case of positive answer, please explain how the European Union obligations under 
6.2 of AD Agreement when applicable in the context of Article 6.8 of AD Agreement can 
be better fulfilled pursuant to the a mendments introduced in the New Basic 
AD Regulation?  
 
Question 6  
 
As for implementation of the New Basic AD Regulation has it ever been planned or 
deemed necessary to initiate and expeditiously conduct an interim review of the 
anti-dumping measures pursuan t to Article 11(3) of the New Basic AD Regulation of the 
anti-dumping measures that were imposed pursuant to the New Basic AD Regulation 
following the anti -dumping investigations initiated and conducted in accordance with 
the requirements of the Previous B asic AD Regulation. This question concerns, in 
particular but not exclusively, the measures imposed following the investigations where 
Article 18 of the Previous Basic AD Regulation had been applied.  
 
Reply  
 
On 1 November 2016, the EU notified 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. This was ci rculated under G/ADP/N/1/EU/3. The EU provided a clarification 
regarding that notif ication on 18 April  2017(G/ADP/N/1/EU/3/Suppl.1).  
 
The EU clarified that the legislation notified on 1 November is a codified version of the EU's Basic 
Anti-dumping Regulation which incorporates modifications previously notified to the WTO 
Anti-dumping Com mittee (reference G/ADP/N/1/EU/1/Rev.1 /Suppl.4 dated 10 April, 2014).  
 
The codification of the Basic Anti -dumping Regulation was the sole reason for the adoption and 
publication of the regulation in June 2016 and there were no changes o f substance containe d 
therein.  
 
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