G/ADP/N/1/EU/1/Rev.1/Suppl.2  
 
10 April 2014  
(14-2251)  Page: 1/4  
Committee on Anti-Dumping Practices  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 18.5 OF THE AGREEMENT 
EUROPEAN UNION 
Supplement 
The following communication, dated 19 March 2014, is being circulated at the request of the 
Delegation of the European Union. 
 
_______________ 
  
Pursuant to Article 18.5 of the WTO Anti-Dumping Agreement, the EU hereby notifies the attached 
Regulation (EU) No 1168/2012 of the Europe an Parliament and of the Council of 
12 December 2012 on protection against dumped imports from countries not members of the 
European Community. The new Regulation was published in the Official Journal of the 
European Union L 344 of 14 December 2012, p.1 in all 23 EU official languages.   G/ADP/N/1/EU/1/Rev.1/Suppl.2 
 
- 2 - 
 
   
Official Journal of the European Union 
 
I 
 
(Legislative acts) 
 
REGULATIONS 
  
REGULATION (EU) No 1168/2012 OF THE EUROPEAN  
PARLIAMENT AND OF THE COUNCIL 
 
of 12 December 2012 
 
amending Council Regulation (EC) No 1225/2009 on protection against dumped imports 
from countries not members of the European Community 
 
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) In Case C-249/10 P (
2), the Court of Justice ruled that the sampling technique provided for 
in Article 17 of Council Regulation (EC) No 1225/2009 (3) may not be applied for the 
purposes of determining claims for market economy treatment pursuant to subparagraph (c) of Article 2(7) of that Regulation. 
 
(2) The ruling by the Court of Justice would require that the Commission examine all 
applications for market economy treatment filed by cooperating exporting producers who 
are not part of the sample, irrespective of whether the number of cooperating producers is 
large. However, such a practice would impose a disproportionate administrative burden on 
the investigating authorities of the Union. Ther efore, it is appropriate to amend Regulation 
(EC) No 1225/2009.  
 
(3) Moreover, the use of the sampling technique pr ovided for in Article 17 of Regulation (EC) 
No 1225/2009 for the purposes of determining claims for market economy treatment 
pursuant to subparagraph (c) of Article 2(7) of  that Regulation is allowed under the rules 
of the World Trade Organisation. For example, the panel of the Dispute Settlement Body of 
the World Trade Organisation in the dispute DS405 'European Union — Anti-Dumping 
Measures on Certain Footwear from China' (4) (report adopted on 22 February 2012) found 
that China did not establish that the Union acte d inconsistently with Articles 2.4 and 6.10.2 
of the Anti-Dumping Agreement, paragraph 15(a)(ii) of China's Accession Protocol, and paragraph 151(e) and (f) of China's Accession Working Party Report, by failing to examine 
the market economy treatment applications  of the cooperating Chinese exporting 
producers that were not part of the sample for the original investigation.   
 
 
__________________ (1) Position of the European Parliament of 25 Octobe r 2012 (not yet published in the Official Journal) and 
decision of the Council of 6 December 2012. 
(2) Case C-249/10 P Brosmann Footwear (HK) and others v Council, judgment of 2 February 2012. (3) OJ L 343, 22.12.2009, p. 51. (4) WTO, Report of the Panel, WT/DS405/R, 28 October 2011. G/ADP/N/1/EU/1/Rev.1/Suppl.2 
 
- 3 - 
 
  (4) Therefore, taking into account that background and for reasons of legal certainty, it is 
considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of parties by using samples on the basis of Article 17 of Regulation (EC) No 1225/2009 also applies to the parties subject to an examination in 
accordance with subparagraphs (b) and (c ) of Article 2(7) of that Regulation. 
Consequently, it is also appropriate to clarify that a determination under subparagraph (c) of Article 2(7) of that Regulation should not be made for exporting producers that are not 
part of the sample, unless such producers re quest and obtain individual examination in 
accordance with Article 17(3) thereof. 
 
(5) Furthermore, it is considered appropriate to clarify that the anti-dumping duty to be 
applied to imports from exporters or producers which have made themselves known in 
accordance with Article 17 of Regulation (EC) No 1225/2009 but were not included in the 
examination is not to exceed the weighted average margin of dumping established for the 
parties in the sample, irrespective of whether the normal value established for such parties 
was determined on the basis of Article 2(1) to  (6) or subparagraph (a) of Article 2(7) of 
that Regulation. 
 
(6) Finally, the three-month time limit by which a determination pursuant to subparagraph (c) 
of Article 2(7) of Regulation (EC) No 1225/200 9 should be made has proved impracticable, 
in particular in proceedings where sampling in accordance with Article 17 of that 
Regulation is applied. It is therefore considered appropriate to extend that time limit. 
 
(7) In the interests of legal certainty and the principle of sound administration, it is necessary 
to provide that the amendments to Regulati on (EC) No 1225/2009 provided for in this 
Regulation are to apply as soon as possible to all new and to all pending investigations. 
 
(8) Regulation (EC) No 1225/2009 should therefore be amended accordingly,  
 
HAVE ADOPTED THIS REGULATION:  
 
Article 1  
 
Regulation (EC) No 1225/2009 is hereby amended as follows:  
 
(1) Article 2(7) is amended as follows: 
 
(a) in the penultimate sentence of subparagraph (c) the words 'shall be made within 
three months of the initiation of the investigation' are replaced by the words 'shall 
normally be made within seven months of, but in any event not later than eight 
months after, the initiation of the investigation';  
 
 (b) the following subparagraph is added: 
 
  '(d) When the Commission has limited its examination in accordance with Article 
17, a determination pursuant to subparagraphs (b) and (c) of this paragraph shall 
be limited to the parties included in the examination and any producer that 
receives individual treatment pursuant to Article 17(3).';  
 
(2) in Article 9(6), the first sentence is replaced by the following:  
 'When the Commission has limited its examination 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 examination 
shall not exceed the weighted average margin of dumping 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 subparagraph (a) of Article 2(7).'.  
 
Article  2 
 
This Regulation shall apply to all new and to all pending investigations as from 15 December 2012.  
 G/ADP/N/1/EU/1/Rev.1/Suppl.2 
 
- 4 - 
 
  For the European Parliament  
The President  M. SCHULZ  For the Council The President 
A. D. MAVROYIANNIS  Article  3 
 
This Regulation shall enter into force on the 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, 12 December 2012    
 
  
__________