COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union
Date: 2018-04-17
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: anti-dumping legislation, anti-subsidy proceeding, countervailing charge, dumping, import (EU), originating product, third country

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   EUROPEAN COMMISSION  Brussels, 17.4.2018 COM(2018) 191 final 2013/0103 (COD)  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union  
 
 
2013/0103 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council amending Regulation (EU) 2016/1036 on protection against dumped 
imports from countries not members of the European Union and Regulation (EU) 
2016/1037 on protection against subsidised imports from countries not members of the 
European Union 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council (document COM/2013/0192 final - 2013/0103 
(COD)) 

10/04/2013 

Date of the position of the European Parliament, first reading: 

16/04/2014 

Date of adoption of the position of the Council: 

16/04/2018 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

In line with the impact assessment (SWD(2013) 105 final), the proposal amending Regulation 
(EU) 2016/1036 (“the basic anti-dumping regulation”) and Regulation (EU) 2016/1037 (“the 
basic anti-subsidy regulation”) aims at ensuring the continued effectiveness of the EU's Trade 
Defence Instruments in the face of new global challenges. It entails modifications to improve 
transparency and predictability, provide for effective measures to fight against trade distortive 
subsidisation and raw material distortions in third countries, and facilitate cooperation.  

3. 

COMMENTS ON THE POSITION OF THE EUROPEAN PARLIAMENT 

The  European  Parliament  adopted  its  first  reading  position  on  16  April  2014.  Therein  it 
suggested amendments to the Commission proposal, such as the recognition of trade unions 
and of social and environmental standards in the trade defence investigations, the extension of 
trade  defence  measures  to  the  continental  shelf  and  exclusive  economic  zone  of  a  Member 
State, and additional support for small and medium-sized enterprises. Following the Council's 
adoption of its first reading position, the European Parliament is expected to formally endorse 
the agreement found in trilogues. 

4. 

COMMENTS ON THE POSITION OF THE COUNCIL 

The  Council's  position  reflects  the  agreement  found  in  trilogues.  It  supports  and  further 
refines  the  Commission  proposal,  inter  alia  through  a  pre-disclosure  period  of  three  weeks 
subject to safeguards against stockpiling. In the context of the lesser duty rule, countervailing 
measures normally apply at the level of the subsidy margin and in anti-dumping cases a 17% 
threshold  for  distorted  raw  materials  is  introduced.  Both  are  subject  to  a  Union  interest  test 
and  a  general  review  of  this  practice  in  five  years'  time.  The  duration  of  an  anti-dumping 

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investigation  is  shortened.  Furthermore,  the  improved  target  price  calculation  for  the 
European  industry  includes  the  full  cost,  investment,  R&D  and  innovation  and  a  minimum 
target profit of 6%. 

5. 

CONCLUSION 

The Commission accepts the position taken by the Council. 

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