# EUR-Lex - 52014PC0318 - EN

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# 52014PC0318

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures (codification) /* COM/2014/0318 final - 2014/0164 (COD) */**

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EXPLANATORY MEMORANDUM

1.           In the context of a people’s
Europe, the Commission attaches great importance to simplifying and clarifying
the law of the Union so as to make it clearer and more accessible to citizens,
thus giving them new opportunities and the chance to make use of the specific
rights it gives them.

This aim cannot be achieved so long as numerous
provisions that have been amended several times, often quite substantially,
remain scattered, so that they must be sought partly in the original instrument
and partly in later amending ones. Considerable research work, comparing many
different instruments, is thus needed to identify the current rules.

For this reason a codification of rules that
have frequently been amended is also essential if the law is to be clear and
transparent.

2.           On 1 April 1987 the Commission
decided[1]
to instruct its staff that all acts should be codified after no more
than ten amendments, stressing that this is a minimum requirement and that
departments should endeavour to codify at even shorter intervals the texts for
which they are responsible, to ensure that their provisions are clear and
readily understandable.

3.           The Conclusions of the Presidency
of the Edinburgh European Council (December 1992) confirmed this[2], stressing the
importance of codification as it offers certainty as to the law
applicable to a given matter at a given time.

Codification must be undertaken in full
compliance with the normal procedure for the adoption of acts of the Union.

Given that no changes of substance may be made
to the instruments affected by codification, the European Parliament,
the Council and the Commission have agreed, by an interinstitutional agreement
dated 20 December 1994, that an accelerated procedure may be used for the
fast-track adoption of codification instruments.

4.           The purpose of this proposal is
to undertake a codification of 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[3]. The new Regulation will supersede the various acts incorporated in
it[4]; this proposal fully
preserves the content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are required by
the codification exercise itself.

.5.          The codification proposal was drawn up on the
basis of a preliminary consolidation, in 22 official languages, of Regulation (EC) No 452/2003 and the
instrument amending it, carried out by the Publications Office of the European
Union, by means of a data-processing system. Where the Articles have
been given new numbers, the correlation between the old and the new numbers is
shown in a table set out in Annex II to the codified Regulation.

ê 452/2003
(adapted)

2014/0164 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on measures that the Ö Union Õ may take in
relation to the combined effect of anti-dumping or anti-subsidy measures with
safeguard measures (codification)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty Ö on the
Functioning of the European Union Õ, and in
particular Article Ö 207(2) Õ thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[5],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

ê

(1)       Council Regulation (EC)
No 452/2003[6]
has been substantially amended[7].
In the interests of clarity and rationality, that Regulation should be
codified.

ê 452/2003
recital 1 (adapted)

(2)       By
Council Regulation (EC) No 1225/2009[8],
common rules Ö were laid
down Õ for protection
against dumped imports from countries which are not members of the Ö Union Õ.

ê 452/2003
recital 2 (adapted)

(3)       By
Council Regulation (EC) No 597/2009[9],
common rules Ö were laid
down Õ for protection
against subsidised imports from countries which are not members of the Ö Union Õ.

ê 452/2003
recital 3 (adapted)

(4)       By
Council Regulation (EC) No 260/2009[10] and Council Regulation
(EC) No 625/2009[11], common rules Ö were laid
down Õ for the
adoption of safeguard measures against imports from certain countries which are
not members of the Ö Union Õ. Safeguard
measures may take the form of tariff measures applicable either to all imports
or to those imports in excess of a pre‑determined quantity. Such safeguard
measures imply that the goods are eligible to enter the Ö Union Õ market upon
payment of the relevant duties.

ê 452/2003
recital 4

(5)       The
importation of certain goods may be subject to both anti-dumping or anti-subsidy
measures on the one hand and safeguard tariff measures on the other. The
objectives of the former are to remedy market distortions created by unfair
trading practices, whilst the objectives of the latter are to grant relief
against greatly increased imports.

ê 452/2003
recital 5 (adapted)

(6)       However,
the combination of anti-dumping or anti-subsidy measures with safeguard tariff
measures on one and the same product could have an effect greater than that
intended or desirable in terms of the Ö Union’s Õ trade defence
policy and objectives. In particular, such a combination of measures could
place an undesirably onerous burden on certain exporting producers seeking to
export to the Ö Union Õ, which may
have the effect of denying them access to the Ö Union Õ market.

ê 452/2003
recital 6 (adapted)

(7)       Consequently,
exporting producers seeking to export to the Ö Union Õ should not be
subject to undesirably onerous burdens and should continue to have access to
the Ö Union Õ market.

ê 452/2003
recital 7 (adapted)

(8)       It
is therefore desirable to ensure that the objectives of the safeguard tariff
measures and anti-dumping and/or anti-subsidy measures can be met without
denying those exporting producers access to the Ö Union Õ market.

ê 452/2003
recital 8 (adapted)

(9)       Therefore,
specific provisions should be Ö laid
down Õ to enable the
Commission, where Ö it
considers Õ it
appropriate, to take action with a view to ensuring that a combination of
anti-dumping or anti‑subsidy measures with safeguard tariff measures on
the same product does not have such an effect.

ê 452/2003
recital 9 (adapted)

(10)     While
it may be foreseeable that both the safeguard duty and the anti-dumping or anti‑subsidy
measures may become simultaneously applicable to the same product, it is not
always possible to determine in advance at which precise point in time this may
occur. Therefore, the Commission should be in a position to provide for such a
situation in a manner ensuring sufficient predictability and legal certainty
for all operators concerned.

ê 452/2003
recital 10 (adapted)

(11)     The
Commission may consider it appropriate to amend, suspend or repeal anti-dumping
and/or anti-subsidy measures or to provide for exemptions in whole or in part
from any anti-dumping or countervailing duties which would otherwise be
payable, or to adopt any other special measures. Any suspension or amendment
of, or exemption from, anti-dumping or anti-subsidy measures should be granted
only for a limited period of time.

ê 452/2003
recital 11

(12)     Any
measures taken under this Regulation should be applicable from the date of
their entry into force, unless otherwise specified therein, and should
therefore not provide a basis for the reimbursement of duties collected prior
to that date.

ê 37/2014
Art. 1 and Annex .10 (adapted)

(13)     In order to ensure uniform conditions for Ö the Õ implementation
Ö of this Regulation Õ, implementing
powers should be conferred on the Commission. Those powers should be exercised
in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council[12],

ê 452/2003

HAVE ADOPTED THIS REGULATION:

Article 1

ê 37/2014
Art. 1 and Annex .10(1)

1. Where the Commission considers that a
combination of anti-dumping or anti-subsidy measures with safeguard tariff
measures on the same imports could lead to effects greater than is desirable in
terms of the Union's trade defence policy, it may adopt such of the following
measures as it deems appropriate, in accordance with the examination procedure
referred to in Article 3(2):

ê 452/2003

(a)          measures to amend, suspend or
repeal existing anti-dumping and/or anti-subsidy measures;

(b)          measures to exempt imports in
whole or in part from anti-dumping or countervailing duties which would
otherwise be payable;

(c)          any other special measures
considered appropriate in the circumstances.

2. Any amendment, suspension or exemption
pursuant to paragraph 1 shall be limited in time and shall apply only when the
relevant safeguard measures are in force.

Article 2

Any measure adopted pursuant to this
Regulation shall apply from its date of entry into force. It shall not serve as
basis for the reimbursement of duties collected prior to that date unless
otherwise provided in that measure.

ê 37/2014
Art. 1 and Annex .10(2)

Article 3

1. The Commission shall be assisted by the
Committee established by Article 15(1) of Regulation (EC) No 1225/2009.
That Committee shall be a committee within the meaning of Regulation (EU)
No 182/2011.

2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

ê

Article 4

Regulation (EC) No 452/2003 is repealed.

References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

ê 452/2003
(adapted)

Article 5

This Regulation shall enter into force on
the Ö twentieth Õ 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 [...],

For the European Parliament                        For the Council

The President                                                 The
President

[1]               COM(87) 868 PV.

[2]               See Annex 3 to Part A of the Conclusions.

[3]               Entered in the legislative programme for 2014.

[4]               See Annex I to this proposal.

[5]               OJ C [...], [...], p. [...].

[6]               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).

[7]               See Annex I.

[8]               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).

[9]               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).

[10]             Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

[11]             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).

[12]             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 Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

é

ANNEX I

Repealed
Regulation with the amendment thereto

Council Regulation (EC) No 452/2003 (OJ L 69, 13.3.2003, p. 8) || ||

|| Regulation (EU) No 37/2014 of the European Parliament and of the Council (OJ L 18, 21.1.2014, p. 1) || Only point 10 of the Annex

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ANNEX II

Correlation
Table

Regulation (EC) No 452/2003 || This Regulation

Article 1 || Article 1

Article 2 || Article 2

Article 2a || Article 3

- || Article 4

Article 3 || Article 5

- || Annex I

- || Annex II

_____________