L 136/4
EN
Official Journal of the European Union
13.5.2022
(3)
The measures currently in force are those imposed by Implementing Regulation (EU) 2021/1266, following an expiry review investigation of the original anti-dumping measures.
The duties in force are fixed amounts ranging between EUR 0 per tonne to EUR 198 per tonne on imports from the sampled exporting producers, EUR 115,6 per tonne on imports from the non-sampled cooperating companies and a fixed amount of EUR 172,2 per tonne on imports from all other companies.
(4)
Article 4(2) of Implementing Regulation (EU) 2021/1266 provides the following: ‘In accordance with Article 13(4) of Regulation (EU) 2016/1036, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the anti-dumping measures imposed by Article 1, from the duty extended by Article 2(1) and Article 3(1)’.
1.2.
Countervailing duties (5)
By Regulation (EC) No 598/2009 (7), the Council imposed a definitive countervailing duty, ranging from EUR 211,2 to EUR 237 per tonne net, on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin‘ originating in the United States of America’.
The countervailing duty imposed by this Regulation is hereafter referred to as ‘the original countervailing measures’.
The investigation that led to the imposition of the original countervailing measures will hereafter be referred to as ‘the original anti-subsidy investigation’.
(6)
By Implementing Regulation (EU) No 443/2011 (8), following an anti-circumvention investigation, the Council extended the definitive anti-countervailing imposed by Regulation (EC) No 598/2009 to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not.
By the same Regulation, the Council also extended the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the USA.
(7)
The measures currently in force are those imposed by Implementing Regulation (EU) 2021/1267, following an expiry review investigation of the original countervailing measures.
The countervailing duties currently in force are fixed amounts ranging from EUR 211,2 to EUR 237 per tonne net on imports from the exporting producers.
(8)
Article 4(2) of Implementing Regulation (EU) 2021/1267 provides the following: ‘In accordance with Article 23(6) of Regulation (EU) 2016/1037, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the countervailing measures imposed by Article 1, from the duty extended by Article 2(1) and Article 3(1)’.
2.
PROCEDURE
2.1.
Request for an exemption (9)
On 7 September 2021, the European Commission received a request for an exemption from the anti-dumping and countervailing measures applicable to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not.
The request was made by the company Verbio Diesel Canada Corporation (‘the applicant’).
(7) Council Regulation (EC) No 598/2009 of 7 July 2009 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in the United States of America (OJ L 179, 10.7.2009, p. 1).
(8) Council Implementing Regulation (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ L 122, 11.5.2011, p. 1).