G/ADP/N/1/EU/1/Rev.1/Suppl.1  
 
10 April 2014  
(14-2250)  Page: 1/3  
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 765/2012 of the European Pa rliament and of the Council of 13 June 2012 
amending Council Regulation (EC) No 1225/2009 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 237 of 3 September 2012, p. 1 in all 23 EU official 
languages.  G/ADP/N/1/EU/1/Rev.1/Suppl.1 
 
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REGULATION (EU) No 765/2012 OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 
 
of 13 June 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) On 28 July 2011, the Dispute Settlement Body ('DSB') of the World Trade Organisation 
('WTO') adopted the Appellate Body Report and the Panel Report as modified by the Appellate Body Report ('the Reports') in the dispute 'European Communities  Definitive 
Anti-Dumping Measures on Certain Ir on or Steel Fasteners from China'
2. 
 
(2) In the Reports, it was found, inter alia, that Article 9(5) of Council 
Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports 
from countries not members of the European Community3 ('Basic Anti-Dumping Regulation') 
was inconsistent with Articles 6.10, 9.2 and 18.4 of the WTO Anti-Dumping Agreement and Article XVI:4 of the WTO Agreement. Article 9(5) of the Basic Anti-Dumping Regulation 
provides that individual exporting producers in non-market economy countries which do not 
receive market economy treatment pursuant to point (c) of Article 2(7) of the Basic 
Anti-Dumping Regulation will be subject to a countrywide duty rate unless such exporters can demonstrate that they meet the conditions for individual treatment ('IT') set out in 
Article 9(5) of the Basic Anti-Dumping Regulation. 
 (3) The Appellate Body found that Article 9(5) of  the Basic Anti-Dumping Regulation establishes 
a presumption that exporting producers operating in non-market economy countries are not 
entitled to IT and that in order to qualify for IT, the onus is on them to demonstrate that they satisfy the criteria of the IT test.  Acco rding to the Appellate Body, no legal basis for 
such a presumption is provided for in the relevant WTO agreements. 
 
(4) However, the Appellate Body clarified that, when determining a single dumping margin and 
a single anti-dumping duty for a number of expo rters, the consistency of that determination 
with Articles 6.10 and 9.2 of the WTO Anti-Dum ping Agreement will depend on the existence 
of situations indicating that two or more exporters, albeit legally distinct, are in such a relationship that they should be treated as a single entity.  Such situations may include:  
(i) the existence of corporate and structural links between the exporters, such as common 
control, shareholding and management;  (ii) the existence of corporate and structural links between the State and the exporters, such  as common control, shareholding and 
management; and (iii) control or material influence by the State in respect of pricing and 
output.  In this regard, the terms in the proposed amendments to Article 9(5) of the Basic 
                                               
1 Position of the European Parliament of 10 May 2012 (not yet published in the Official Journal) and 
decision of the Council of 30 May 2012. 
2 WTO, Report of the Appellate Body, AB-2011-2, WT/DS397/AB/R, 15 July 2011.  WTO, Report of the 
Panel, WT/DS397/R, 3 December 2010. 
3 OJ L 343, 22.12.2009, p. 51. G/ADP/N/1/EU/1/Rev.1/Suppl.1 
 
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  Anti-Dumping Regulation reflecting these situations should be read in the light of the 
Appellate Body's clarifications without prejudice to terms using the same or a similar wording in other provisions of the Basic Anti-Dumping Regulation. 
 
(5) On 18 August 2011, the Union notified the DSB that it intends to implement the 
recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations. 
 
(6) For that purpose, it is necessary to amen d the provisions of Article 9(5) of the Basic 
Anti-Dumping Regulation, 
 
HAVE ADOPTED THIS REGULATION: 
 
Article 1 
 
Article 9(5) of Regulation (EC) No 1225/2009 is replaced by the following: 
 
'5. An anti-dumping duty shall be impo sed 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 fo r imports from those sources from which 
undertakings under 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 su pplying 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 corporat e 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.'. 
Article 2 
 
This Regulation shall enter into force on the third day following that of its publication in the Official 
Journal of the European Union . 
 
It shall apply to all investigations initiated pursuant to Regulation (EC) No 1225/2009 following the 
entry into force of this Regulation.  
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
 Done at Strasbourg, 13 June 2012.  
For the European Parliament 
The President  M. SCHULZ For the Council 
The President  N. WAMMEN 
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