G/ADP/N/1/EU/1/Rev.1/Suppl.4  
G/SCM/N/1/EU/1/Suppl.2  
G/SG/N/1/EU/1/Suppl.2  
10 April 2014  
(14-2256)  Page: 1/26  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: English  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 
OF THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI 
OF THE GATT 1994, ARTICLE 32.6 OF THE AGREEMENT 
ON SUBSIDIES AND COUNTERVAILING MEASURES, 
AND ARTICLE 12.6 OF THE AGREEMENT 
ON SAFEGUARDS 
EUROPEAN UNION 
Supplement 
The following communication, dated 19 March 2014, is being circulated at the request of the 
delegation of the European Union. 
 
_______________ 
 
 
In line with the obligations under Article 18.5 of the WTO Anti-Dumping Agreement, Article 32.6 
of the Agreement on Subsidies and Countervailing Measures, and Article 12.6 of the Agreement on Safeguards to notify laws, regulations and administrative procedures to the Committees 
on Anti-Dumping Practices, Subsidies and Countervailing Measures, and Safeguards, respectively, 
the European Union (EU) is pleased to  inform the Committees as follows: 
 
Regulation (EU) No. 37/2014 of the European Pa rliament and of the Council of 15 January 2014 
(published in the Official Journal of the European Union  on 21 January 2014 L18/1) amended 
certain regulations relating to the EU's common commercial policy as regards the procedures for 
the adoption of certain measures, including in the areas of anti-dumping, anti-subsidy, 
and safeguards.  You will find attached a copy of Regulation (EU)  No. 37/2014 and the relevant extract of the Annex 
to that Regulation in so far as it amends th e EU's Anti-Dumping, Anti-Subsidy, and Safeguards 
Regulations.
1 For ease of reference, the current notified amendments contained in Regulation 
(EU) No. 37/2014 should be read in connection with those Regulations. Once the current 
amendments have been consolidated into the text s of the regulations, the outcome will be sent 
to the WTO.  
 
_______________ 
 
                                               
1 Circulated in documents G/ADP/N/1/EU/1/Rev.1, G/SCM/N/1/EU/1, and G/SG/N/1/EU/1. G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 2 - 
  I 
(Legislative acts ) 
REGULATIONS 
REGULATION (EU) No. 37/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
of 15 January 2014 
amending certain regulations relating to the common commercial policy as regards 
the procedures for the adoption of certain measures 
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 national parliaments, 
 Acting in accordance with the ordinary legislative procedure
1, 
 
Whereas:  (1) A number of basic regulations relating to the common commercial policy provide that 
acts implementing the common commercial policy are to be adopted by the Council 
in accordance with the procedures set down in the various instruments concerned or by the Commission subject to specific procedures and control by the Council. 
Such procedures are not subject to Council Decision 1999/468/EC.
2 
 (2) It is appropriate to amend those basic regulations in order to ensure consistency with the 
provisions introduced by the Treaty of Lisbon. This should be done, where appropriate, 
through the granting of delegated powers to the Commission and by applying certain procedures set out in Regulation (EU) No. 182/2011 of the European Parliament and of the Council.
3 
 
(3) The following regulations should therefore be amended accordingly:  
- Regulation (EEC) No. 2841/72 of the Council
4, 
- Regulation (EEC) No. 2843/72 of the Council5, 
- Regulation (EEC) No. 1692/73 of the Council6, 
                                               
1 Position of the European Parliament of 14 March 2012 (OJ C 251 E, 31.8.2013, p.126) and position 
of the Council at first reading of 15 November 2013 (not yet published in the Official Journal). Position of the European Parliament of 12 December 2013 (not yet published in the Official Journal). 
2 Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise 
of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p.23). 
3 Regulation (EU) No. 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerni ng mechanisms for control by Member States of the 
Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13). 
4 Regulation (EEC) No. 2841/72 of the Council of 19 December 1972 on the safeguard measures 
provided for in the Agreement between the European  Economic Community and the Swiss Confederation 
(OJ L 300, 31.12.1972, p.284). 
5 Regulation (EEC) No. 2843/72 of the Council of 19 December 1972 on the safeguard measures 
provided for in the Agreement between the European  Economic Commun ity and the Republic of Iceland 
(OJ L 301, 31.12.1972, p.162). 
6 Regulation (EEC) No. 1692/73 of the Council of 25 June 1973 on the safeguard measures provided for 
in the Agreement between the European Economic Community and the Kingdom of Norway (OJ L 171, 27.6.1973, p.103). G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 3 - 
  - Council Regulation (EC) No. 3286/947, 
- Council Regulation (EC) No. 385/968, 
 
                                               
7 Council Regulation (EC) No. 3286/94 of 22 December 1994 laying down Community procedures in the 
field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in  particular those established under the auspices of the World Trade Organization 
(OJ L 349, 31.12.1994, p.71). 
8 Council Regulation (EC) No. 385/96 of 29 January 1996 on protection against injurious pricing 
of vessels (OJ L 56, 6.3.1996, p.21). G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 4 - 
  - Council Regulation (EC) No. 2271/961, 
- Council Regulation (EC) No. 1515/20012, 
- Council Regulation (EC) No. 153/20023, 
- Council Regulation (EC) No. 427/20034, 
- Council Regulation (EC) No. 452/20035, 
- Council Regulation (EC) No. 673/20056, 
- Council Regulation (EC) No. 1236/20057, 
- Council Regulation (EC) No. 1616/20068, 
- Council Regulation (EC) No. 1528/20079, 
- Council Regulation (EC) No. 140/200810, 
- Council Regulation (EC) No. 55/200811, 
- Council Regulation (EC) No. 594/200812, 
                                               
1 Council Regulation (EC) No. 2271/96 of 22 November 1996 protecting against the effects of the 
extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (OJ L 309, 29.11.1996, p.1). 
2 Council Regulation (EC) No. 1515/2001 of 23 July 2001 on the measures that may be taken by the 
Community following a report adopted by the WTO Di spute Settlement Body concerning anti-dumping 
and anti-subsidy matters (OJ L 201, 26.7.2001, p.10).  
3 Council Regulation (EC) No. 153/2002 of 21 January 2002 on certain procedures for applying 
the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Mace donia, of the other part, and for applying the Interim 
Agreement between the European Community and the Fo rmer Yugoslav Republic of Macedonia (OJ L 25, 
29.1.2002 p.16). 
4 Council Regulation (EC) No. 427/2003 of 3 March 2003 on a transitional product-specific safeguard 
mechanism for imports originating in the People's Republic of China and amending Regulation (EC) No. 519/94 on common rules for imports from certain third countries (OJ L 65, 8.3.2003, p.1). 
5 Council Regulation (EC) No. 452/2003 of 6 March 2003 on measures that the Community may take 
in relation to the combined effect  of anti-dumping or anti-subsidy measures with safeguard measures 
(OJ L 69, 13.3.2003, p.8). 
6 Council Regulation (EC) No. 673/2005 of 25 Apr il 2005 establishing additional customs duties 
on imports of certain products originating in the United States of America (OJ L 110, 30.4.2005, p.1). 
7 Council Regulation (EC) No. 1236/2005 of 27 June 2005 concerning trade in certain goods which could 
be used for capital punish ment, torture or other cruel, inhuman or degrading treatment or punishment 
(OJ L 200, 30.7.2005, p.1). 
8 Council Regulation (EC) No. 1616/2006 of 23 October 2006 on certain procedures for applying the 
Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of th e other part, and for applyi ng the Interim Agreement 
between the European Community and the Republic of Albania (OJ L 300, 31.10.2006, p.1). 
9 Council Regulation (EC) No. 1528/2007 of 20 December 2007 applying the arrangements for products 
originating in certain states which are part of the Africa n, Caribbean and Pacific (ACP) Group of States provided 
for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements 
(OJ L 348, 31.12.2007, p.1). 
10 Council Regulation (EC) No. 140/2008 of 19 November 2007 on certain procedures for applying the 
Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, and for applying the Interim Agreement 
between the European Community, of the one part, and the Republic of Montenegro, of the other part (OJ L 43, 19.2.2008, p.1). 
11 Council Regulation (EC) No. 55/2008 or 21 January 2008 introducing autonomous trade preferences 
for the Republic of Moldova and amending Regulation (EC) No. 980/2005 and Commission 
Decision 2005/924/EC (OJ L 20, 24.1.2008, p.1). 
12 Council Regulation (EC) No. 594/2008 of 16 June 2008 on certain procedures for applying the 
Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of th e other part, and for applying the interim Agreement G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  - Council Regulation (EC) No. 597/200913, 
- Council Regulation (EC) No. 260/200914, 
- Council Regulation (EC) No. 625/200915, 
- Council Regulation (EC) No. 1061/200916, 
- Council Regulation (EC) No. 1225/2009.17 
(4) In order to ensure legal certainty, the procedures for the adoption of measures which have 
been initiated but not completed before the entry into force of this Regulation should not 
be affected by this Regulation, 
 HAVE ADOPTED THIS REGULATION:  
Article I 
 The Regulations listed in the Annex to this Regu lation are hereby amended in accordance with 
the Annex. 
 
Article 2 
 
References to provisions of the Regulations listed in the Annex to this Regulation shall be construed as being made to those provisions as amended by this Regulation.  
References made to the former names of committees shall be construed as being made to the new 
names of committees as provided for by this Regulation.  
Throughout the Regulations listed in the Annex: 
 
(a) any reference to the words 'European Community', 'Community', 
'European Communities' or 'Communities' shall be understood as a reference to the 
'European Union' or 'Union'; 
(b) any reference to the words 'common market' shall be understood as a reference to the 
'internal market'; 
(c) any reference to the words 'Committee provided for in Article 113', 
'Committee provided for in Article 133', 'Committee referred to in Article 113' or 'Committee referred to in Article 133' shall be understood as a reference 
to 'Committee provided for in Article 207'; 
(d) any reference to the words 'Article 113 of the Treaty' or 'Article 133 of the Treaty' 
shall he understood as a reference to 'Article 207 of the Treaty'. 
                                                                                                                                               
on trade and trade-related matters between the European Community, of the one part, and Bosnia 
and Herzegovina, of the other part (OJ L 169, 30.6.2008, p.1). 
13 Council Regulation (EC) No. 597/2009 of 11 June 2009 on protection against subsidised imports from 
countries not members of the European Community (OJ L 188, 18.7.2009, p.93). 
14 Council Regulation (EC) No. 260/2009 of 26 February 2009 on the common rules for imports 
(OJ L 84, 31.3.2009, p.1). 
15 Council Regulation (EC) No. 625/2009 of 7 July 2009 on common rules for imports from certain third 
countries (OJ L 185, 17.7.2009, p.1). 
16 Council Regulation (EC) No. 1061/2009 of 19 October 2009 establishing common rules for exports 
(OJ L 291, 7.11.2009, p.1). 
17 Council Regulation (EC) No. 1225/2009 of 30 November 2009 on protection against dumped imports 
from countries not members of the European Community (OJ L 343, 22.12.2009, p.51). G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  Article 3 
 This Regulation shall not affect procedures initiated for the adoption of measures provided for in the Regulations listed in the Annex to this Regulation where, on or before the entry into force 
of this Regulation: 
 
(a) the Commission has adopted an act; 
(b) consultation is required under one of the Regulations listed in the Annex and such 
consultation has been initiated; or 
(c) a proposal is required under one of the Regulations listed in the Annex and the 
Commission has adopted such a proposal. 
Article 4 
 This Regulation shall enter into force on the thirtieth 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, 15 January 2014. 
For the European Parliament For the Council 
 The President The President 
 M. SCHULZ D. KOURKOULAS 
 
 
_______________ 
 
 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  ANNEX 
LIST OF REGULATIONS FALLING UNDER THE COMMON COMMERCIAL POLICY AND AMENDED 
IN ADAPTATION TO ARTICLE 290 OF THE TREATY ON THE FUNCTIONING 
OF THE EUROPEAN UNION OR TO  THE APPLICABLE PROVISIONS 
OF REGULATION (EU) NO. 182/2011 
18. Regulation (EC) No. 597/2009 
 
As regards Regulation (EC) No. 597/2009, its im plementation requires uniform conditions for 
adopting 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. 
 
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 th e suspension of measures and the reinstatement 
of measures given the effect of such measures as compared to definitive measures. Where a delay 
in the imposition of measures world cause damage which would be difficult to repair, 
it is necessary to allow the Commission to adopt immediately applicable provisional measures.  Accordingly, Regulation (EC) No. 597/2009 is amended as follows: 
 
(1) Article 10(8) is replaced by the following:  
"8. 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 the existence of countervaila ble subsidies, injury and 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 need to initiate such an investigation." 
(2) Article 10(11) is replaced by the following: 
 
"11. Where it is apparent that there is sufficient evidence to justify initiating 
proceedings, the Commission shall do so within 45 days of the date of lodging of the 
complaint and shall publish a notice in the Official Journal of the European Union . 
Where insufficient evidence has been presente d, the complainant shall be so informed 
within 45 days of the date on which the complaint is lodged with the 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." 
(3) Article 12 is amended as follows: 
 
(a) in paragraph 1, point (b) is replaced by the following: 
 
"(b) a notice has been given to that effect and interested parties have been given an adequate opportunity to submit information and make comments in accordance with 
the second subparagraph of Article 10(12);"; 
(b) paragraph 3 is replaced by the following: 
 
"3. The Commission shall adopt provisional measures in accordance with the 
procedure referred to in Article 25(4)."; 
(c) paragraph 5 is deleted. G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  (4) Article 13 is amended as follows: 
 
(a) paragraph 1 is replaced by the following: 
 
"1. On the condition that a provisional affirmative determination of subsidisation 
and injury has been made, the Commission may in accordance with the advisory procedure referred to in Article 25(2) accept satisfactory voluntary undertakings offers 
under which: 
(a) the country of origin and/or export agrees to eliminate or limit the subsidy 
or take other measures concerning its effects; or 
(b) any exporter undertakes to revise its prices or to cease exports to the area 
in question as long as such exports benefit from countervailable subsidies, 
so that the Commission is satisfied that the injurious effect of the subsidies is thereby eliminated. 
In such a case and as long as such undert akings are in force, the provisional duties 
imposed by the Commission in accordance with Article 12(3) and the definitive duties imposed in accordance with Article 15(1) shall not apply to the relevant imports of the 
product concerned manufactured by the companies referred to in the Commission 
decision accepting undertakings and in any subsequent amendment of such decision. 
Price increases under such undertakings shall not be higher than necessary to offset 
the amount of countervailable subsidies, and should be less than the amount 
of countervailable subsidies if such increases would be adequate to remove the injury 
to the Union industry."; 
(b) paragraph 5 is replaced by the following: 
"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 25(3)."; 
(c) in paragraph 9, the first subparagraph is replaced by the following: 
"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 the 
Commission, as appropriate, and the provis ional duty which has been imposed by the 
Commission in accordance with Article 12, or the definitive duty which has been imposed in accordance with Article 15(1), shall apply, provided that the exporter 
concerned, or the country of origin an d/or export has, except in the case 
of withdrawal of the undertaking by the exporter or such country, been given an opportunity to comment. The Commission shall provide information to the 
Member States when it decides to withdraw an undertaking."; 
(d) paragraph 10 is replaced by the following: 
"10. A provisional duty may be imposed in  accordance with Article 12 on the basis 
of the best information available, where there is reason to believe that an undertaking 
is being breached, or in the case of breach or withdrawal of an undertaking, where the 
investigation which led to the undertaking has not been concluded." 
(5) Article 14(2) is replaced by the following: 
 
"2. Where protective 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 25(3)." 
(6) Article 15(1) is amended as follows: G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  (a) the first subparagraph is replaced by the following: 
"1. Where the facts as finally established show the existence of countervailable 
subsidies and injury caused thereby, and the Union interest calls for intervention in accordance with Article 31, a definitive countervailing duty shall he imposed 
by the Commission acting in accordance with the examination procedure referred 
to in Article 25(3). Where provisional duties are in force, the Commission shall initiate this procedure no later than one month before the expiry of such duties."; 
(b) the second and third subparagraphs are deleted. 
(7) In Article 16(2), the first subparagraph is replaced by the following: 
 
"2. Where a provisional duty has been applied and the facts as finally established 
show the existence of countervailable subsidies and injury, the Commission shall 
decide, irrespective of whether a definitive countervailing duty is to be imposed, what proportion of the provisional duty is to be definitively collected." 
(8) In Article 20, the second paragraph is replaced by the following: 
 
"Such a review shall be initiated after Union producers have been given an opportunity 
to comment." 
(9) In Article 21(4), the first subparagraph is replaced by the following: 
 
"4. 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 review, carried out in accordance with the provisions applicable for such reviews, shall be used to determine whether 
and to what extent a refund is justified." 
(10) Article 22 is amended as follows: 
 
(a) in paragraph 1, the fifth subparagraph is deleted; 
(b) paragraphs 2 and 3 are replaced by the following: 
"2. Reviews pursuant to Articles 18, 19 and 20 shall he initiated by the Commission. 
The Commission shall decide whether or not to initiate reviews pursuant to Article 18 
in accordance with the advisory procedure referred to in Article 25(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 Articles 19 and 20 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. 
3. Where warranted by reviews, measures sh all, in accordance with the examination 
procedure referred to in Article 25(3), be repealed or maintained pursuant to Article 18, or repealed, maintained or amended pursuant to Articles 19 and 20." 
(11) Article 23 is amended as follows: 
 
(a) in paragraph 4, the first, second and third subparagraphs are replaced by the following: 
"4. Investigations shall be initiated pursuant to this Article on the initiative of the 
Commission or at the request of a Member State or of any interested party on the 
basis of sufficient evidence regarding the factors set out in paragraphs 1, 2 and 3. 
Initiations shall be made by Commission Regulation which may also instruct the 
customs authorities to make imports subject to registration in accordance with 
Article 24(5) or to request guarantees. The Commission shall provide information to the Member States once an interested party or a Member State has submitted G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  a request justifying the initiation of an investigation and 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 authorities and the investigations shall be concluded within 
nine months. 
If 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 25(3)."; 
(b) in paragraph 6, the fourth subparagraph is replaced by the following: 
 
"These exemptions are granted by decision of the Commission and shall remain valid 
for the period and under the conditions set down therein. The Commission shall provide information to the Member States once it has concluded its analysis." 
(12) Article 24 is amended as follows: 
 
(a) paragraph 4 is replaced by the following: 
"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 25(2) for a period of nine months. The suspension may be extended for a further period, not exc eeding one year, by the Commission acting 
in accordance with the advisory procedure referred to in Article 25(2). 
Measures may only be suspended where market conditions 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 25(2) 
if the reason for suspension is no longer applicable."; 
(b) the first subparagraph of paragraph 5 is replaced by the following: 
"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." 
(13) Article 25 is replaced by the following: 
 
"Article 25  
Committee procedure 
1. The Commission shall be assisted by the Committee established 
by Council Regulation (EC) No. 1225/2009.
* That Committee shall 
be a committee within the meaning of Regulation (EU) No. 182/2011 of the European Parliament and of the Council.
** 
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 this paragraph, Article 8 of Regulation 
(EU) No. 182/2011, in conjunction with Article 4 thereof, shall apply. G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  5. Pursuant to Article 3(5) of Regulation (EU) No. 182/2011, where recourse 
is made to the written procedure for ad opting definitive measures pursuant 
to paragraph 3 of this Article, or for deciding on the initiation or non-initiation of expiry reviews pursuant to Article 18 of this Regulation, such procedure shall 
be terminated without result where, within the time-limit set down by the chair, 
the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation (EU) No. 182/2011 so request. Where recourse 
is made to the written procedure in other instances where there has been 
a discussion of the draft measure in the committee, that 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 recourse is made to the written procedure in other instances where there 
has not been a discussion of the draft measure in the committee, that 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 relating 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. 
_______________ 
 
* Council Regulation (EC) No. 1225/2009 of 30 November 2009 on protection against dumped 
imports from countries not members of the European Community (OJ L 343, 22.12.2009, p.51) 
** 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 Commissi on's exercise of implementing powers 
(OJ L 55, 28.2.2011, p.13).
" 
 
(14) Article 29(5) is replaced by the following: 
 
"5. The Commission and the Member States, in cluding the officials of either, shall not 
reveal any information received pursuant to this Regulation for which 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 Member States, shall not be divulged except as specifically provided for in this Regulation." 
(15) In Article 30, paragraphs 4 and 5 are replaced by the following: 
 
"4. Final disclosure 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 14 or Article 15. Where the Commission 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 decision 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." 
(16) Article 31 is amended as follows: 
 
(a) paragraphs 4 and 5 are replaced by the following: G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  "4. The parties which have acted in conformity with paragraph 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 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 representative, and the results of such analysis, together with 
an opinion on its merits, shall be transmitted to the committee as part of the draft 
measure submitted pursuant to Articles 14 and 15. 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."; 
(b) in paragraph 6, the second sentence is replaced by the following: 
"Such information shall be made available to the extent possible and without prejudice 
to any subsequent decision taken by the Commission." 
(17) The following article is inserted: 
 
"Article 33a  
Report 
The Commission shall include information on the implementation of this Regulation 
in its annual report on the application and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a 
of Regulation (EC) No. 1225/2009." 
19. Regulation (EC) No. 260/2009 
 
As regards Regulation (EC) No. 260/2009, its im plementation requires uniform conditions for 
adopting provisional and definitive safeguard meas ures, and for the imposition of prior surveillance 
measures. Those measures should be adopted by the Commission in accordance with Regulation 
(EU) No. 182/2011. 
 The advisory procedure should be used for the ad option of surveillance and provisional measures 
given the effects of such measures and their sequential logic in relation to the adoption 
of definitive safeguard measures. Where a delay in the imposition of measures would cause 
damage which would be difficult to repair, it is necessary to allow the Commission to adopt immediately applicable provisional measures. 
 
Accordingly, Regulation (EC) No. 260/2009 is amended as follows:  
(1) Article 3 is deleted. 
 (2)  Article 4 is replaced by the following:  
"Article 4  
1. The Commission shall be assisted by a Committee on Safeguards. 
That Committee shall be a committee within the meaning of Regulation 
(EU) No. 182/2011 of the European Parliament and of the Council.
* 
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. G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 13 - 
  4. Where reference is made to this paragraph, Article 8 of Regulation 
(EU) No. 182/2011, in conjunction with Article 5 thereof, shall apply. 
5. Pursuant to Article 3(5) of Regulation (EU) No. 182/2011, where recourse 
is made to the written procedure for ad opting definitive measures pursuant 
to Article 17 of this Regulation, such procedure shall be terminated without 
result where, within the time-limit set down by the chair, the chair so decides 
or a majority of committee members as defined in Article 5(1) of Regulation 
(EU) No. 182/2011 so request. Where recourse is made to the written 
procedure in other instances where ther e has been a discussion of the draft 
measure in the committee, that 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 me mbers so request. Where recourse 
is made to the written procedure in other instances where there has not been a discussion of the draft measure in the committee, that 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. 
_______________ 
 
*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 Commissi on's exercise of implementing powers 
(OJ L 55, 28.2.2011, p.13).
" 
 
(3) Article 6 is amended as follows:  
(a) in paragraph 1, the introductory wording is replaced by the following: 
"1. Where it is apparent to the Commission th at there is sufficient evidence to justify 
the initiation of an investigation, the Commission shall initiate an investigation within 
one month of the date of receipt of information from a Member State and publish 
a notice in the Official Journal of the European Union . That notice shall:"; 
(b) at the end of paragraph 1, the following subparagraph is added: 
"The Commission shall provide information to the Member States concerning 
its analysis of the information normally within 21 days of the date on which the 
information is provided to the Commission."; 
(c) in paragraph 2, the first subparagraph is replaced by the following: 
"2. The Commission shall seek all information it deems necessary and, where 
it considers it appropriate, after having informed the Member States, endeavour to check that information with importers, traders, agents, producers, trade 
associations and organisations."; 
(d) paragraph 7 is replaced by the following: 
"7. Where it appears to the Commission that there is insufficient evidence to justify 
an investigation, it shall inform the Member States of its decision within one month 
of the date of receipt of the information from the Member States." 
(4) Article 7(2) is replaced by the following: 
 
"2. Where the Commission considers, within nine months of the initiation of the 
investigation, that no Union surveillance or safeguard measures are necessary, the investigation shall be terminated within a month. The Commission shall 
terminate the investigation in accordance with the advisory procedure referred 
to in Article 4(2)." 
(5) Article 9(2) is replaced by the following: 
 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 14 - 
  "2. The Commission and the Member States, in cluding the officials of either, shall not 
reveal any information of a confidential nature received pursuant to this Regulation, or any information provided on a confidential basis, without specific permission from the supplier of such information." 
(6) Article 11(2) is replaced by the following: 
 
"2. The decision to impose surveillance shall be taken by the Commission by means 
of implementing acts in accordance with the advisory procedure referred 
to in Article 4(2)." 
(7) Article 13 is replaced by the following: 
 
"Article 13  
Where the import of a product has not been made subject to prior Union surveillance, 
the Commission, in accordance with Article 18, may introduce surveillance confined 
to imports into one or more regions of the Union. The Commission shall provide 
information to the Member States once it decides to introduce surveillance." 
(8) In Article 16, paragraphs 6 and 7 are replaced by the following: 
 
"6. Where intervention by the Commission has been requested by a Member State, 
the Commission, acting in accordance with the examination procedure referred to in Article 4(3), or, in cases of urgency, in accordance with Article 4(4), shall take 
a decision within a maximum of five workin g days of the date of receipt of such 
a request." 
(9) Article 17 is replaced by the following: 
 
"Article 17  
Where the interests of the Union so require, the Commission, acting in accordance 
with the examination procedure referred to in Article 4(3) and the terms 
of Chapter III, may adopt appropriate measures to prevent a product being imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly 
competing products. 
Article 16(2) to (5) shall apply." 
(10) Article 21 is replaced by the following: 
 
"Article 21  
1. While any surveillance or safeguar d measure applied in accordance with 
Chapters IV and V is in operation the Commission may, either at the request 
of a Member State or on its own initiative, and no later than the mid-point of the period of application of measures of a duration exceeding three years: 
(a) examine the effects of the measure; 
(b) determine whether and in what manner it is appropriate to accelerate the pace 
of liberalisation; 
(c) ascertain whether application of the measure is still necessary. 
Where the Commission considers that the application of the measure is still necessary, 
it shall inform the Member States accordingly. G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 15 - 
  2. Where the Commission considers that any surveillance or safeguard measure 
referred to in Articles 11, 13, 16, 17 and 18 should be revoked or amended, it shall, acting in accordance with the examination procedure referred to in Article 4(3), revoke or amend the measure. 
Where the decision relates to regional surveillance measures, it shall apply from 
the sixth day following that of its publication in the Official Journal of the 
European Union ." 
(11) Article 23 is replaced by the following: 
 
"Article 23  
Where the interests of the Union so require, the Commission, acting in accordance 
with the examination procedure referred to in Article 4(3), may adopt appropriate 
measures implementing legislative acts to allow the rights and obligations of the Union or of all the Member States, in particular those relating to trade in commodities, 
to be exercised and fulfilled at international level." 
(12) The following article is inserted: 
 
"Article 23a  
Report The Commission shall include information on the implementation of this Regulation 
in its annual report on the application and implementation of trade defence measures 
presented to the European Parliament and to the Council pursuant to Article 22a 
of Council Regulation (EC) No. 1225/2009.
* 
__________ 
 
* Council Regulation (EC) No. 1225/2009 of 30 November 2009 on protection against dumped 
imports from countries not members of the European Community (OJ L 343,22.12.2009, p.51). " 
22. Regulation (EC) No. 1225/2009 
 As regards Regulation (EC) No. 1225/2009, its implem entation requires uniform conditions 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. 
 
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 th e suspension of measures and the reinstatement 
of measures given the effect of such measures as compared to definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair, 
it is necessary to allow the Commission to adopt immediately applicable provisional measures. 
 Accordingly, Regulation (EC) No. 1225/2009 is amended as follows: 
 
(1) In Article 2(7), subparagraph (c) is amended as follows:  
(a) the words "after specific consultation of the Advisory Committee and after the Community 
industry" are replaced by "after the Union industry"; 
(b) a final sentence is added as follows: 
"The Commission shall provide information to the Member States concerning 
its analysis of claims made pursuant to subparagraph (b) normally within 28 weeks 
of the initiation of the investigation." G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 16 - 
  (2) Article 5 is amended as follows: 
 
(a) paragraph 6 is replaced by the following: 
"6. If in special circumstances it is decided 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 need to initiate such investigation.";  
(b) paragraph 9 is replaced by the following: 
"9. Where it is apparent that there is sufficient evidence to justify initiating 
a proceeding, the Commission shall do so within 45 days of the date of the lodging 
of the complaint 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 
the 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." 
(3) Article 7 is amended as follows: 
 
(a) in paragraph 1, the words "adequate opportunities" are replaced by "an adequate 
opportunity"; 
(b) paragraph 4 is replaced by the following: 
"4. The Commission shall take provisional measures in accordance with the 
procedure referred to in Article 15(4)."; 
(c) paragraph 6 is deleted. 
(4) Article 8 is amended as follows: 
 
(a) paragraph 1 is replaced by the following: 
"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 imposed in accordance with Article 9(4), as the case may be, shall not apply to the relevant 
imports of the product concerned manufactured by the companies referred to in the 
Commission decision accepting undertakings, as subsequently amended. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin 
of dumping if such increases would be adequate to remove the injury to the 
Union industry."; 
(b) paragraph 5 is replaced by the following: 
"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)."; 
(c) in paragraph 9, the first subparagraph is replaced by the following: G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 17 - 
  "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 Article 9(4) shall automatically apply, provided that the exporter concerned has, except where he himself has 
withdrawn the undertaking, been given an opportunity to comment. The Commission 
shall provide information to the Member States when it decides to withdraw an undertaking."; 
(d) paragraph 10 is replaced by the following: 
"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 the case of breach or withdrawal of an undertaking, where the 
investigation which led to the undertaking has not been concluded." 
(5) Article 9 is amended as follows: 
(a) paragraph 2 is replaced by the following: 
"2. Where protective measures are unnecessary, the investigation or proceeding shall 
be terminated. The Commission shall terminate the investigation in accordance with the examination procedure referred to in Article 15(3)."; 
(b) paragraph 4 is replaced by the following: 
"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 than 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." 
(6) In Article 10(2), the first sentence is replaced by the following: 
 
"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 anti-dumping duty is  to be imposed, what proportion of the 
provisional duty is to be definitively collected." 
(7) Article 11 is amended as follows: 
 
(a) in paragraph 4, the first sentence of the third subparagraph is replaced by the following: 
"A review for a new exporter shall be initia ted and carried out on an accelerated basis 
after Union producers have been given an opportunity to comment.";  
(b) in paragraph 5, the second subparagraph is deleted; 
(c) paragraph 6 is replaced by the following: 
"6. Reviews pursuant to this Article shall be initiated by the Commission. 
The Commission shall decide whether or not to initiate reviews pursuant 
to paragraph 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 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 18 - 
  initiation of a review pursuant to para graphs 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, measures 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 proceeding and may, automatically, be reinvestigated in any subsequent review carried out for that country pursuant to this Article."; 
(d) in paragraph 8, the first sentence of the fourth subparagraph is replaced by the following: 
"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 
provisions 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." 
(8) Article 12 is amended as follows: 
 
(a) in paragraph 1, the first subparagraph is replaced by the following: 
"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 movement, 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 to 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."; 
(b) paragraph 3 is replaced by the following: 
"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."; 
(c) in paragraph 4, second subparagraph is deleted. 
(9) Article 13 is amended as follows: 
 
(a) paragraph 3 is replaced by the following: 
"3. Investigations shall be initiated pursuant to this Article on the initiative of the 
Commission or at the request of a Member State or any interested party on the basis 
of sufficient evidence regarding the factors set out in paragraph 1. Initiations shall be made by Commission Regulation which may also instruct the customs authorities 
to make imports subject to registration in accordance with Article 14(5) or to request 
guarantees. The Commission shall provide information to the Member States once an interested party or a Member State has submitted a request justifying the initiation 
of an investigation and the Commission has completed its analysis thereof, or where 
the Commission has itself determined that there is a need to initiate an investigation. G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 19 - 
  Investigations shall be carried out by the Commission. The Commission may 
be assisted by customs authorities and the investigation shall be concluded within nine months. 
When 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 sh all 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 with regard to the 
initiation and the conduct of investigations shall apply pursuant to this Article."; 
(b) in paragraph 4, the second subparagraph is replaced by the following: 
"These exemptions shall be granted by decision of the Commission and shall remain 
valid for the period and under the conditions set down therein. The Commission shall 
provide information to the Member States once it has concluded its analysis." 
(10) Article 14 is amended as follows: 
 
(a) paragraph 4 is replaced by the following: 
"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 exc eeding 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 conditions  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."; 
(b) in paragraph 5, the first sentence is replaced by the following: 
"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." 
(11) Article 15 is replaced by the following: 
 
"Article 15  
Committee procedure 1. The Commission shall be assisted by a Committee. That Committee shall 
be a committee within the meaning of Regulation (EU) No. 182/2011 of the 
European Parliament and of the Council.
* 
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 this 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 recourse 
is made to the written procedure for ad opting definitive measures pursuant G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 20 - 
  to paragraph 3 of this Article, or for deciding on the initiation or non-initiation 
of expiry reviews pursuant to Article 11( 6) of this Regulation, such procedure 
shall be terminated without result where, within the time-limit set down by the chair, the chair so decides or a majority of committee members as defined 
in Article 5(1) of Regulation (EU) No. 182/2011 so request. Where recourse 
is made to the written procedure 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 recourse is made to the written procedure in other instances where there has not 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 at least a quarter of committee members so request. 
6. The Committee may consider any matter relating 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. 
__________ 
 
* 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 Commi ssion's exercise of implementing powers 
(OJ L 55, 28.2.2011, p.13).
" 
(12) Article 19(5) is replaced by the following: 
 
"5. The Commission and Member States, incl uding the officials of either, shall not 
reveal any information received pursuant to this Regulation for which 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 Member States, shall not be divulged except as specifically provided for in this Regulation." 
(13) In Article 20, paragraphs 4 and 5 are replaced by the following: 
 
"4. Final disclosure 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 Commission 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 decision 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 ten 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." 
(14) In Article 21, paragraphs 4, 5 and 6 are replaced by the following: 
 
"4. The parties which have acted in conformity with paragraph 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 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 representative , and the results of such analysis, together G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 21 - 
  with an opinion on its merits, shall be transmitted to the committee as part of the 
draft measure submitted pursuant to Article 9 of this Regulation. 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 the 
facts and considerations on which final decisions are likely to be taken to 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." 
(15) The following article is inserted: 
 
"Article 22a  
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 may, within one month from 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 presenting the report to the European Parliament 
and to the Council, the Commission shall make the report public." G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 22 - 
  Joint statement by the European Parliame nt, the Council and the Commission regarding 
Article 15(6) of Regulation (EC) No. 1225/2009 and Article 25(6) 
of Regulation (EC) No. 597/2009 
 
The European Parliament, the Council and the Commission consider that the inclusion 
of Article 15(6) of Regulation (EC) No . 1225/2009 and Article 25(6) of Regulation 
(EC) No. 597/2009 is justified exclusively on the basis of the specific characteristics of those 
Regulations before their amendment by this Regulation. As a consequence, the inclusion 
of a provision, such as those Articles, is exceptional to those two Regulations and is not a precedent for the drafting of future legislation.  
For the sake of clarity, the European Parliament, the Council and the Commission understand 
that Article 15(6) of Regulation (EC) No . 1225/2009 and Article 25(6) of Regulation 
(EC) No. 597/2009 do not introduce decision-makin g procedures different from or additional 
to those provided for in Regulation (EU) No. 182/2011. 
 
_______________ 
 
 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 23 - 
  Council statement on the application of Ar ticles 3(4) and 6(2) of Regulation 
(EU) No. 182/2011 in connection with  anti-dumping and countervailing 
duty proceedings pursuant to Regulations (EC) No. 1225/2009 
and (EC) No. 597/2009 
 
Where a Member State suggests an amendmen t with respect to either anti-dumping 
or countervailing duty draft measures prov ided for in Regulations (EC) No. 1225/2009 
and (EC) No. 597/2009 (the "Basic Regulations"), in accordance with Article 3(4) or Article 6(2) 
of Regulation (EU) No. 182/2011 it will:  
(a) ensure that the amendment is proposed in a timely manner, which respects the 
deadlines in the Basic Regulations and reflects the necessity for the Commission 
to be given sufficient time to undertake any necessary disclosure procedure, properly scrutinise the proposal, and for the Committee to examine any amended 
draft measure proposed; 
(b) ensure that the proposed amendment is consistent with the Basic Regulations 
as interpreted by the Court of Justice of the European Union and with relevant 
international obligations; 
(c) provide written justification which will, as a minimum, indicate how the suggested 
amendment relates to the Basic Regulations and to the facts established in the investigation, but may also contain such other supporting arguments as the 
Member State proposing the amendment considers appropriate. 
 
_______________ 
 
 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 24 - 
  Statement by the Commission in connection with anti-dumping and countervailing duty 
proceedings pursuant to Regulations (EC) No. 1225/2009 and (EC) No. 597/2009 
 The Commission recognises the importance of Member States receiving information where 
provided for in Regulations (EC) No. 1225/2009 an d (EC) No. 597/2009 (the "Basic Regulations") 
such as to enable them to contribute to fully informed decisions, and it will act to achieve that objective. 
 
*** 
 For the avoidance of doubt, the Commission understands the reference to consultations 
in Article 8(5) of Regulation (EU) No. 182/2011 as requiring the Commission, except in cases 
of extreme urgency, to seek the views of th e Member States before adopting provisional 
anti-dumping or countervailing duties. 
 
*** 
 
The Commission will ensure that it effectively manages all aspects of anti-dumping 
and countervailing duty procedures provided for in Regulations (EC) No. 1225/2009 and (EC) No. 597/2009, including the possibility  of Member States to suggest amendments, 
in order to ensure that the time periods laid down in, and the obligations towards interested 
parties created by, the Basic Regulations are resp ected and that any measures finally imposed are 
consistent with the facts established by the investigation and the Basic Regulations as interpreted by the Court of Justice of the European Union and in line with the international obligations 
of the Union. 
 
_______________ 
 
 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
- 25 - 
  Statement by the Commission on codification 
 The adoption of Regulation (EU) No. 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to the common commercial 
policy as regards the procedures for the adoption of certain measures and Regulation 
(EU) No. 38/2014 of the European Parliament and of the Council of 15 January 2014 amending 
certain regulations relating to the common commercial policy as regards the granting of delegated 
and implementing powers for the adoption of ce rtain measures will entail a substantial number 
of amendments to the acts in question. In order to improve the legibility of the acts concerned, 
the Commission will propose a codification of the acts as expeditiously as possible once those two Regulations are adopted, and at the latest by 1 June 2014. 
 
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 G/ADP/N/1/EU/1/Rev.1/Suppl.4 • G/SCM/N/ 1/EU/1/Suppl.2 • G/SG/N/1/EU/1/Suppl.2 
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  Statement by the Commission on delegated acts 
 In the context of Regulation (EU) No. 37/201 4 of the European Parliament and of the 
Council of 15 January 2014 amending certain regulations relating to the common commercial 
policy as regards the procedures for the adoption of certain measures and Regulation 
(EU) No. 38/2014 of the European Parliament and of the Council of 15 January 2014 amending 
certain regulations relating to the common commercial policy as regards the granting of delegated 
and implementing powers for the adoption of certain measures, the Commission recalls the 
commitment it has made in paragraph 15 of the Framework Agreement on relations between the European Parliament and the European Commission to provide to the Parliament full information 
and documentation on its meetings with national experts within the framework of its work on the 
preparation of delegated acts. 
 
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