G/ADP/Q1/EU/2  
G/SCM/Q1/EU/2  
 
11 April 2017  
(17-1939) Page: 1/2 
Committee on Ant i-Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLE 18.5 OF THE AGREEMENT  
QUEST IONS POSED BY THE RU SSIAN FEDERATION REG ARDING  
THE NOTIFICATION OF THE EUROPEAN UNION1 
The following communication, dated 3 April  2017, is being circulated at the request of the 
Delegation of the Russian Federation . 
 
_______________  
 
 
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 imports fr om countries not members of the European Union (codified version)2 ("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 Community3 
("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repealed the Previous Basic AD Regulation.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 codifica tion 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 differences t o 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 explanations 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 AD Regulation ( "the information [i.e. 
the information provided by any interested p arty] shall be disregarded ". Please explain the reasons 
and the purposes of introduction of this more precise wording into Article 18(1).  
 
                                                
1 G/ADP/N/1/EU/3 (dated 1 November  2016).  
2 OJ L 176 of 30.06.2016, p. 21  
3 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), Regulation (EU) No 1168/2012 of the European 
Parliament and of the Counc il 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 published in OJ L 7/22 of 12.1.2010.   G/ADP/Q1/EU/2 • G/SCM/Q1/EU/2  
 
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  Question 4  
 
Please explain whether and, if so, how the wording of Article 18(1) provided in the New Basic AD 
Regulat ion 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 introduced  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 its obl igations 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 amendm ents 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 
pursuant 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 Basic 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.  
 
 
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