CELEX: 52014PC0667
Language: en
Date: 2014-10-28
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on protection against dumped imports from countries not members of the European Union (codification)

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		52014PC0667
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on protection against dumped imports from countries not members of the European Union (codification) /* COM/2014/0667 final - 2014/0309 (COD) */
			
				
		
		
			
			   	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 1225/2009
of 30 November 2009 on protection against dumped imports from countries
not members of the European Community[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 1225/2009 and the
instruments 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 1225/2009
(adapted)
2014/0309 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on protection against dumped imports from
countries not members of the European Ö Union Õ (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 1225/2009
recital 1 (adapted)
(1)       Council Regulation (EC) No
Ö 1225/2009[6] Õ has been
substantially amended several times[7].
In the interests of clarity and rationality, Ö that Õ Regulation should be codified.
ê 1225/2009
recital 3 (adapted)
(2)       The Agreement on
Implementation of Article VI of the General Agreement on Tariffs and Trade
1994 (‘the 1994 Anti-Dumping Agreement’) contains detailed rules, relating in
particular to the calculation of dumping, procedures for initiating and
pursuing an investigation, including the establishment and treatment of the
facts, the imposition of provisional measures, the imposition and collection of
anti-dumping duties, the duration and review of anti-dumping measures and the
public disclosure of information relating to anti-dumping investigations.
(3)       In order to ensure a
proper and transparent application of Ö the Õ rules Ö of the
1994 Anti-Dumping Agreement Õ, the language
of Ö that Õ agreement
should be Ö reflected Õ in Ö Union Õ legislation Ö to the
best extent Õ possible.
ê 1225/2009 recital
4 (adapted)
è1 Corrigendum, OJ L 7, 12.1.2010, p. 22
(4)       In applying the rules Ö of the
1994 Anti-Dumping Agreement Õ it is
essential, in order to maintain the balance of rights and obligations which è1 the Ö General
Agreement on Tariffs and Trade Õ (‘GATT’) Ö established Õ, ç that the Ö Union Õ take account
of Ö the
interpretation of those rules Õ by the Ö Union’s Õ major trading
partners.
ê 1225/2009
recital 5 (adapted)
(5)       It is desirable to Ö set
out Õ clear and
detailed rules on the calculation of Ö the Õ normal value.
In particular such value should in all cases be based on representative sales
in the ordinary course of trade in the exporting country. It is expedient to
give guidance as to when parties may be considered as being associated for the
purpose of determining dumping. It is expedient to define the circumstances in
which domestic sales may be considered to be made at a loss and may be
disregarded, and in which recourse may be had to remaining sales, or to constructed
normal value, or to sales to a third country. It is also appropriate to provide
for a proper allocation of costs, even in start-up situations, and Ö for Õ guidance as to
the definition of start-up and the extent and method of allocation. It is also
necessary, when constructing Ö the Õ normal value,
to indicate the methodology to be applied in determining the amounts for
selling, general and administrative costs and the profit margin that should be included
in such value.
ê 1225/2009
recital 6 (adapted)
(6)       When determining Ö the Õ normal value
for non-market economy countries, it appears prudent to set out rules for
choosing the appropriate market-economy third country to be used for such
purpose and, where it is not possible to find a suitable third country, to
provide that Ö the Õ normal value
may be established on any other reasonable basis.
ê 1225/2009 recital
7 (adapted)
(7)       It is expedient to define
the export price and to enumerate the adjustments which Ö should Õ be made in
those cases where a reconstruction of Ö that Õ price from the
first open-market price is deemed necessary.
ê 1225/2009
recital 8 (adapted)
(8)       For the purpose of
ensuring a fair comparison between export price and normal value, it is
advisable to list the factors which may affect prices and price comparability
and to Ö set
out Õ specific rules
as to when and how the adjustments should be made, including the fact that any
duplication of adjustments should be avoided. It is also necessary to provide
that comparison may be made using average prices although individual export
prices may be compared to an average normal value where the former vary by
customer, region or time period.
ê 1225/2009
recital 9 (adapted)
(9)       It is Ö desirable Õ to Ö set
out Õ clear and
detailed guidance as to the factors which may be relevant for the determination
of whether the dumped imports have caused material injury or are threatening to
cause injury. In demonstrating that the volume and price levels of the imports
concerned are responsible for injury sustained by Ö the
Union Õ industry,
attention should be given to the effect of other factors and in particular
prevailing market conditions in the Ö Union Õ .
ê 1225/2009
recital 10 (adapted)
(10)     It is advisable to define
the term ‘ Ö Union Õ industry’ and
to provide that parties related to exporters may be excluded from such
industry, and to define the term ‘related’. It is also necessary to provide for
anti-dumping action to be taken on behalf of producers in a region of the Ö Union Õ and to Ö set
out Õ guidelines on
the definition of such region.
ê 1225/2009
recital 11 (adapted)
(11)     It is necessary to Ö specify Õ who may lodge
an anti-dumping complaint, including the extent to which it should be supported
by the Ö Union Õ industry, and
the information on dumping, injury and causation which such complaint should
contain. It is also expedient to specify the procedures for the rejection of
complaints or the initiation of proceedings.
ê 1225/2009
recital 12 (adapted)
(12)     It is necessary to Ö specify Õ the manner in
which interested parties should be given notice of the information which the
authorities require. Ö Interested
parties Õ should have
ample opportunity to present all relevant evidence and to defend their
interests. It is also desirable to set out clearly the rules and procedures to
be followed during the investigation, in particular the rules whereby
interested parties are to make themselves known, present their views and submit
information within specified time limits, if such views and information are to
be taken into account. It is also appropriate to set out the conditions under
which an interested party may have access to, and comment on, information presented
by other interested parties. There should also be cooperation between the Member States and the Commission in the collection of information.
ê 1225/2009
recital 13 (adapted)
(13)     It is necessary to Ö set
out Õ the conditions
under which provisional duties may be imposed, including Ö conditions
whereby provisional duties Õ may be imposed
no earlier than 60 days from initiation and no later than nine months
thereafter. For administrative reasons, it is also necessary to provide that
such duties may in all cases be imposed by the Commission, either directly for
a nine-month period or in two stages of six and three months.
ê 1225/2009
recital 14 (adapted)
(14)     It is necessary to Ö set
out Õ procedures for
accepting undertakings which eliminate dumping and injury instead of imposing
provisional or definitive duties. It is also appropriate to Ö specify Õ the consequences
of Ö a Õ breach or
withdrawal of undertakings and that provisional duties may be imposed in cases
of suspected violation or where further investigation is necessary to
supplement the findings. In accepting undertakings, care should be taken that
the proposed undertakings, and their enforcement, do not lead to
anti-competitive behaviour.
ê 1225/2009
recital 15 (adapted)
(15)     It is necessary to provide
that the termination of cases should, irrespective of whether definitive
measures are adopted or not, normally take place within 12 months, and in no
case later than 15 months, from the initiation of the investigation.
(16)     Investigations or
proceedings should be terminated where the dumping is de minimis or the
injury is negligible, and it is appropriate to define those Ö situations Õ. Where
measures are to be imposed, it is necessary to provide for the termination of
investigations and to Ö specify Õ that measures
should be less than the margin of dumping if such lesser amount would remove
the injury, Ö and
also Õ to specify the
method of calculating the level of measures in cases of sampling.
ê 1225/2009
recital 16
(17)     It is necessary to provide
for retroactive collection of provisional duties if that is deemed appropriate
and to define the circumstances which may trigger the retroactive application
of duties to avoid the undermining of the definitive measures to be applied. It
is also necessary to provide that duties may be applied retroactively in cases
of breach or withdrawal of undertakings.
ê 1225/2009
recital 17 (adapted)
(18)     It is necessary to provide
that measures are to lapse after five years unless a review indicates that they
should be maintained. It is also necessary to provide, in cases where
sufficient evidence is submitted of changed circumstances, for interim reviews
or for investigations to determine whether refunds of anti-dumping duties are
warranted. It is also appropriate to Ö provide Õ that in any
recalculation of dumping which necessitates a reconstruction of export prices
duties are not to be treated as a cost incurred between importation and resale
where Ö those
duties are Õ being
reflected in the prices of the products subject to measures in the Ö Union Õ .
ê 1225/2009
recital 18 (adapted)
(19)     It is necessary to provide
specifically for the reassessment of export prices and dumping margins where
the duty is being absorbed by the exporter through a form of compensatory
arrangement and the measures are not being reflected in the prices of the
products subject to measures in the Ö Union Õ .
ê 1225/2009
recital 19 (adapted)
è1 Corrigendum, OJ L 7, 12.1.2010, p. 22
(20)     The 1994 Anti-Dumping
Agreement does not contain provisions regarding the circumvention of
anti-dumping measures, though a separate GATT Ministerial Decision Ö recognised Õ circumvention
as a problem and referred it to the GATT Anti-dumping Committee for resolution.
Given the failure of the multilateral negotiations so far and pending the outcome
of the è1 referral to the World Trade Organisation (‘WTO’)
Anti-Dumping Committee, ç Ö Union Õ legislation
should contain provisions to deal with practices, including mere assembly of
goods in the Ö Union Õ or a third
country, which have as their main aim the circumvention of anti-dumping
measures.
ê 1225/2009
recital 20 (adapted)
è1 Corrigendum, OJ L 7, 12.1.2010, p. 22
(21)     It is also desirable to
clarify which practices constitute circumvention of the measures in place.
Circumvention practices may take place either inside or outside the Ö Union Õ . It is
consequently necessary to provide that exemptions from the extended duties
which è1 may be granted to importers may also be granted
to ç exporters when
duties are being Ö applied Õ to address
circumvention taking place outside the Ö Union Õ .
ê 1225/2009
recital 21
(22)     It is expedient to permit
suspension of anti-dumping measures where there is a temporary change in market
conditions which makes the continued imposition of such measures temporarily
inappropriate.
ê 1225/2009
recital 22 (adapted)
(23)     It is necessary to provide
that imports under investigation may be made subject to registration upon
importation in order to enable measures to be subsequently Ö applied Õ against such
imports.
ê 1225/2009
recital 23
(24)     In order to ensure proper
enforcement of measures, it is necessary that Member States monitor, and report
to the Commission, the import trade of products subject to investigation or
subject to measures, and also the amount of duties collected under this
Regulation.
ê 1225/2009
recital 26
(25)     It is expedient to provide
for verification visits to check information submitted on dumping and injury,
such visits being, however, conditional on proper replies to questionnaires
being received.
ê 1225/2009
recital 27
(26)     It is essential to provide
for sampling in cases where the number of parties or transactions is large in
order to permit completion of investigations within the appointed time limits.
ê 1225/2009
recital 28
(27)     It is necessary to provide
that, where parties do not cooperate satisfactorily, other information may be
used to establish findings and that such information may be less favourable to
the parties than if they had cooperated.
ê 1225/2009
recital 29
(28)     Provision should be made
for the treatment of confidential information so that business secrets are not
divulged.
ê 1225/2009
recital 30 (adapted)
(29)     It is essential that
provision be made for proper disclosure of essential facts and considerations
to parties which qualify for such treatment and that such disclosure be made,
with due regard to the decision-making process in the Ö Union Õ , within a
time limit which permits parties to defend their interests.
ê 1225/2009
recital 31 (adapted)
(30)     It is prudent to provide
for an administrative system under which arguments can be presented as to
whether measures are in the Ö Union’s Õ interest,
including the consumers’ interest, and to Ö specify Õ the time
limits within which such information has to be presented as well as the
disclosure rights of the parties concerned.
ê 37/2014
Art. 1 and Annex .22 (adapted)
(31)      Ö The Õ implementation
Ö of this
Regulation Õ requires
uniform conditions for the adoption of provisional and definitive duties, and
for the termination of an investigation without measures. Those measures should
be adopted by the Commission in accordance with Regulation (EU)
No 182/2011 of the European Parliament and of the Council[8].
(32)     The advisory procedure
should be used for the adoption of provisional measures given the effects of
such measures and their sequential logic in relation to the adoption of
definitive measures. It should also be used for the acceptance of undertakings,
initiation and non-initiation of expiry reviews, suspension of measures,
extension of the suspension of measures and the reinstatement of measures given
the effect of such measures as compared to definitive measures. Where a delay
in the imposition of measures would cause Ö injury Õ which would be
difficult to repair, it is necessary to allow the Commission to adopt
immediately applicable provisional measures,
ê 1225/2009
(adapted)
è1 Corrigendum, OJ L 7, 12.1.2010, p. 22
è2 1168/2012 Art. 1.1(a)
è3 37/2014 Art. 1 and Annex .22(1)
HAVE ADOPTED THIS REGULATION:
Article 1
Principles
1. An anti-dumping duty may be Ö imposed
on Õ any dumped
product whose release for free circulation in the Ö Union Õ causes injury.
2. A product is to be considered as being
dumped if its export price to the Ö Union Õ is less than a
comparable price for Ö a Õ like product,
in the ordinary course of trade, as established for the exporting country.
3. The exporting country shall normally be
the country of origin. However, it may be an intermediate country, except
where, for example, the products are merely transhipped through that country,
or the products concerned are not produced in that country, or there is no
comparable price for them in that country.
4. For
the purposes of this Regulation, ‘like product’ means a product which is
identical, that is to say, alike in all respects, to the product under
consideration, or, in the absence of such a product, another product which,
although not alike in all respects, has characteristics closely resembling
those of the product under consideration.
Article 2
Determination of dumping
A. NORMAL
VALUE
1. The normal value shall normally be based
on the prices paid or payable, in the ordinary course of trade, by independent
customers in the exporting country.
However, where the exporter in the
exporting country does not produce or does not sell the like product, the
normal value may be established on the basis of prices of other sellers or
producers.
Prices between parties which appear to be
associated or to have a compensatory arrangement with each other may not be
considered to be in the ordinary course of trade and may not be used to
establish Ö the Õ normal value
unless it is determined that they are unaffected by the relationship.
In order to determine whether two parties
are associated account may be taken of the definition of related parties set
out in Article 143 of Commission Regulation (EEC) No 2454/93[9].
2. Sales of the like product intended for
domestic consumption shall normally be used to determine Ö the Õ normal value
if such sales volume constitutes 5 % or more of the sales volume of the
product under consideration to the Ö Union Õ . However, a
lower volume of sales may be used when, for example, the prices charged are
considered representative for the market concerned.
3. When there are no or insufficient sales
of the like product in the ordinary course of trade, or where, because of the
particular market situation, such sales do not permit a proper comparison, the
normal value of the like product shall be calculated on the basis of the cost
of production in the country of origin plus a reasonable amount for selling,
general and administrative costs and for profits, or on the basis of the export
prices, in the ordinary course of trade, to an appropriate third country,
provided that those prices are representative.
A particular market situation for the
product concerned within the meaning of the first subparagraph may be deemed to
exist, inter alia, when prices are artificially low, when there is
significant barter trade, or when there are non-commercial processing
arrangements.
4. Sales of the like product in the
domestic market of the exporting country, or export sales to a third country,
at prices below unit production costs (fixed and variable) plus selling,
general and administrative costs may be treated as not being in the ordinary
course of trade by reason of price, and may be disregarded in determining
normal value, only if it is determined that such sales are made within an
extended period in substantial quantities, and are at prices which do not
provide for the recovery of all costs within a reasonable period of time.
If prices which are below costs at the time
of sale are above weighted average costs for the period of investigation, such
prices shall be considered to provide for recovery of costs within a reasonable
period of time.
The extended period of time shall normally
be one year but shall in no case be less than six months, and sales below
unit cost shall be considered to be made in substantial quantities within such
a period when it is established that the weighted average selling price is
below the weighted average unit cost, or that the volume of sales below unit
cost is not less than 20 % of sales being used to determine normal
value.
5. Costs shall normally be calculated on
the basis of records kept by the party under investigation, provided that such
records are in accordance with the generally accepted accounting principles of
the country concerned and that it is shown that the records reasonably reflect
the costs associated with the production and sale of the product under
consideration.
If costs associated with the production and
sale of the product under investigation are not reasonably reflected in the
records of the party concerned, they shall be adjusted or established on the
basis of the costs of other producers or exporters in the same country or,
where such information is not available or cannot be used, on any other
reasonable basis, including information from other representative markets.
Consideration shall be given to evidence
submitted on the proper allocation of costs, provided that it is shown that
such allocations have been historically utilised. In the absence of a more
appropriate method, preference shall be given to the allocation of costs on the
basis of turnover. Unless already reflected in the cost allocations under this
subparagraph, costs shall be adjusted appropriately for those non-recurring
items of cost which benefit future and/or current production.
Where the costs for part of the period for
cost recovery are affected by the use of new production facilities requiring
substantial additional investment and by low capacity utilisation rates, which
are the result of start-up operations which take place within or during part of
the investigation period, the average costs for the start-up phase shall be
those applicable, under the above-mentioned allocation rules, at the end of
such a phase, and shall be included at that level, for the period concerned, in
the weighted average costs referred to in the second subparagraph of
paragraph 4. The length of a start-up phase shall be determined in
relation to the circumstances of the producer or exporter concerned, but shall
not exceed an appropriate initial portion of the period for cost recovery. For
this adjustment to costs applicable during the investigation period,
information relating to a start-up phase which extends beyond that period shall
be taken into account where it is submitted prior to verification visits and
within three months of the initiation of the investigation.
6. The amounts for selling, for general and
administrative costs and for profits shall be based on actual data pertaining
to production and sales, in the ordinary course of trade, of the like product
by the exporter or producer under investigation. When such amounts cannot be
determined on this basis, the amounts may be determined on the basis of:
(a)          the weighted average of the
actual amounts determined for other exporters or producers subject to
investigation in respect of production and sales of the like product in the
domestic market of the country of origin;
(b)          the actual amounts applicable to
production and sales, in the ordinary course of trade, of the same general
category of products for the exporter or producer in question in the domestic
market of the country of origin;
(c)          any other reasonable method,
provided that the amount for profit so established shall not exceed the profit
normally realised by other exporters or producers on sales of products of the
same general category in the domestic market of the country of origin.
7. (a)      In the case of imports from
non-market economy countries[10],
normal value shall be determined on the basis of the price or constructed value
in a market economy third country, or the price from such a third country to
other countries, including the Ö Union Õ , or, where
those are not possible, on any other reasonable basis, including the price
actually paid or payable in the Ö Union Õ for the like
product, duly adjusted if necessary to include a reasonable profit margin.
An appropriate market economy third country
shall be selected in a not unreasonable manner, due account being taken of any
reliable information made available at the time of selection. Account shall
also be taken of time limits. Where appropriate, a market economy third country
which is subject to the same investigation shall be used.
The parties to the investigation shall be
informed shortly after its initiation of the market economy third country
envisaged and shall be given 10 days to comment.
(b)          In anti-dumping investigations
concerning è1 imports from the People’s Republic of China,
Vietnam and Kazakhstan and any non-market-economy country ç which is a
member of the WTO at the date of the initiation of the investigation, normal
value shall be determined in accordance with paragraphs 1 to 6, if it
is shown, on the basis of properly substantiated claims by one or more
producers subject to the investigation and in accordance with the criteria and
procedures set out in point (c), that market economy conditions prevail for
this producer or producers in respect of the manufacture and sale of the like
product concerned. When Ö that Õ is not the
case, the rules set out under  point (a) shall apply.
(c)          A claim under point (b) must be
made in writing and contain sufficient evidence that the producer operates
under market economy conditions, that is if:
–              
decisions of firms regarding prices, costs and
inputs, including for instance raw materials, cost of technology and labour,
output, sales and investment, are made in response to market signals reflecting
supply and demand, and without significant State interference in Ö that Õ regard, and
costs of major inputs substantially reflect market values,
–              
firms have one clear set of basic accounting
records which are independently audited in line with international accounting
standards and are applied for all purposes,
–              
the production costs and financial situation of
firms are not subject to significant distortions carried over from the former
non-market economy system, in particular in relation to depreciation of assets,
other write-offs, barter trade and payment via compensation of debts,
–              
the firms concerned are subject to bankruptcy
and property laws which guarantee legal certainty and stability for the
operation of firms, and
–              
exchange rate conversions are carried out at the
market rate.
A determination whether the producer meets the
above-mentioned criteria è2 shall normally be made within seven months of, but
in any event not later than eight months after, the initiation of the
investigation ç, è3 after the Union industry ç has been given
an opportunity to comment. Ö That Õ determination
shall remain in force throughout the investigation. è3 The Commission shall provide information to the
Member States concerning its analysis of claims made pursuant to point (b)
normally within 28 weeks of the initiation of the investigation. ç
ê 1168/2012
Art. 1.1(b) (adapted)
(d)          When the Commission has limited
its Ö investigation Õ in accordance
with Article 17, a determination pursuant to points (b) and (c) of this
paragraph shall be limited to the parties included in the Ö investigation Õ and any
producer that receives individual treatment pursuant to Article 17(3).
ê 1225/2009
(adapted)
B. EXPORT
PRICE
8. The export price shall be the price
actually paid or payable for the product when sold for export from the
exporting country to the Ö Union Õ .
9. In cases where there is no export price
or where it appears that the export price is unreliable because of an
association or a compensatory arrangement between the exporter and the importer
or a third party, the export price may be constructed on the basis of the price
at which the imported products are first resold to an independent buyer, or, if
the products are not resold to an independent buyer or are not resold in the
condition in which they were imported, on any reasonable basis.
In Ö those Õ cases,
adjustment for all costs, including duties and taxes, incurred between
importation and resale, and for profits accruing, shall be made so as to
establish a reliable export price, at the Ö Union Õ frontier
level.
The items for which adjustment shall be
made shall include those normally borne by an importer but paid by any party,
either inside or outside the Ö Union Õ , which
appears to be associated or to have a compensatory arrangement with the
importer or exporter, including usual transport, insurance, handling, loading
and ancillary costs, customs duties, any anti-dumping duties, and other taxes
payable in the importing country by reason of the importation or sale of the
goods, and a reasonable margin for selling, general and administrative costs
and profit.
C.
COMPARISON
10. A fair comparison shall be made between
the export price and the normal value. This comparison shall be made at the
same level of trade and in respect of sales made at, as closely as possible,
the same time and with due account taken of other differences which affect
price comparability. Where the normal value and the export price as established
are not on such a comparable basis due allowance, in the form of adjustments,
shall be made in each case, on its merits, for differences in factors which are
claimed, and demonstrated, to affect prices and price comparability. Any
duplication when making adjustments shall be avoided, in particular in relation
to discounts, rebates, quantities and level of trade. When the specified
conditions are met, the factors for which adjustment can be made are listed as
follows:
(a)          Physical characteristics
An adjustment shall be made for differences in
the physical characteristics of the product concerned. The amount of the
adjustment shall correspond to a reasonable estimate of the market value of the
difference.
(b)          Import
charges and indirect taxes
An adjustment shall be made to normal value for
an amount corresponding to any import charges or indirect taxes borne by the
like product and by materials physically incorporated therein, when intended
for consumption in the exporting country and not collected or refunded in
respect of the product exported to the Ö Union Õ .
(c)          Discounts, rebates and
quantities
An adjustment shall be made for differences in
discounts and rebates, including those given for differences in quantities, if Ö those Õ are properly
quantified and are directly linked to the sales under consideration. An
adjustment may also be made for deferred discounts and rebates if the claim is
based on consistent practice in prior periods, including compliance with the
conditions required to qualify for the discount or rebates.
(d)          Level of trade
(i)      An adjustment for differences in
levels of trade, including any differences which may arise in OEM (Original
Equipment Manufacturer) sales, shall be made where, in relation to the
distribution chain in both markets, it is shown that the export price,
including a constructed export price, is at a different level of trade from the
normal value and the difference has affected price comparability which is
demonstrated by consistent and distinct differences in functions and prices of
the seller for the different levels of trade in the domestic market of the
exporting country. The amount of the adjustment shall be based on the market
value of the difference.
(ii)     However, in circumstances not
envisaged under point (i), when an existing difference in level of trade
cannot be quantified because of the absence of the relevant levels on the
domestic market of the exporting countries, or where certain functions are
shown clearly to relate to levels of trade other than the one which is to be
used in the comparison, a special adjustment may be granted.
(e)          Transport, insurance,
handling, loading and ancillary costs
An adjustment shall be made for differences in
the directly related costs incurred for conveying the product concerned from
the premises of the exporter to an independent buyer, where such costs are
included in the prices charged. Those costs shall include transport, insurance,
handling, loading and ancillary costs.
(f)          Packing
An adjustment shall be made for differences in
the directly related packing costs for the product concerned.
(g)          Credit
An adjustment shall be made for differences in
the cost of any credit granted for the sales under consideration, provided that
it is a factor taken into account in the determination of the prices charged.
(h)          After-sales costs
An adjustment shall be made for differences in
the direct costs of providing warranties, guarantees, technical assistance and
services, as provided for by law and/or in the sales contract.
(i)           Commissions
An adjustment shall be made for differences in
commissions paid in respect of the sales under consideration.
The term ‘commissions’ shall be understood to
include the mark-up received by a trader of the product or the like product if
the functions of such a trader are similar to those of an agent working on a
commission basis.
(j)           Currency conversions
When the price comparison requires a conversion
of currencies, such conversion shall be made using the rate of exchange on the
date of sale, except that when a sale of foreign currency on forward markets is
directly linked to the export sale involved the rate of exchange in the forward
sale shall be used. Normally, the date of sale shall be the date of invoice but
the date of contract, purchase order or order confirmation may be used if Ö those Õ more
appropriately establish the material terms of sale. Fluctuations in exchange
rates shall be ignored and exporters shall be granted 60 days to reflect a
sustained movement in exchange rates during the investigation period.
(k)          Other factors
An adjustment may also be made for differences
in other factors not provided for under points (a) to (j) if it is
demonstrated that they affect price comparability as required under this
paragraph, in particular that customers consistently pay different prices on
the domestic market because of the difference in such factors.
D.
DUMPING MARGIN
11. Subject to the relevant provisions
governing fair comparison, the existence of margins of dumping during the investigation
period shall normally be established on the basis of a comparison of a weighted
average normal value with a weighted average of prices of all export
transactions to the Ö Union Õ , or by a
comparison of individual normal values and individual export prices to the Ö Union Õ on a
transaction-to-transaction basis. However, a normal value established on a
weighted average basis may be compared to prices of all individual export
transactions to the Ö Union Õ , if there is
a Ö significant
difference in the Õ pattern of
export prices among different purchasers, regions or time periods, and if the
methods specified in the first sentence of this paragraph would not reflect the
full degree of dumping being practised. This paragraph shall not preclude the
use of sampling in accordance with Article 17.
12. The dumping margin shall be the amount
by which the normal value exceeds the export price. Where dumping margins vary,
a weighted average dumping margin may be established.
Article 3
Determination of injury
1. Pursuant to this Regulation, the term
‘injury’ shall, unless otherwise specified, be taken to mean material injury to
the Ö Union Õ industry,
threat of material injury to the Ö Union Õ industry or
material retardation of the establishment of such an industry and shall be
interpreted in accordance with the provisions of this Article.
2. A determination of injury shall be based
on positive evidence and shall involve an objective examination of :
(a)          the volume of the dumped imports
and the effect of the dumped imports on prices in the Ö Union Õ market for
like products; and
(b)          the consequent impact of those
imports on the Ö Union Õ industry.
3. With regard to the volume of the dumped
imports, consideration shall be given to whether there has been a significant
increase in dumped imports, either in absolute terms or relative to production
or consumption in the Ö Union Õ . With regard
to the effect of the dumped imports on prices, consideration shall be given to
whether there has been significant price undercutting by the dumped imports as
compared with the price of a like product of the Ö Union Õ industry, or
whether the effect of such imports is otherwise to depress prices to a
significant degree or prevent price increases, which would otherwise have
occurred, to a significant degree. No one or more of Ö those Õ factors can
necessarily give decisive guidance.
4. Where imports of a product from more
than one country are simultaneously subject to anti-dumping investigations, the
effects of such imports shall be cumulatively assessed only if it is determined
that:
(a)          the margin of dumping established
in relation to the imports from each country is more than de minimis as
defined in Article 9(3) and the volume of imports from each country is not
negligible; and
(b)          a cumulative assessment of the
effects of the imports is appropriate in Ö the Õ light of the
conditions of competition between imported products and the conditions of competition
between the imported products and the like Ö Union Õ product.
5. The examination of the impact of the
dumped imports on the Ö Union Õ industry
concerned shall include an evaluation of all relevant economic factors and
indices having a bearing on the state of the industry, including the fact that
an industry is still in the process of recovering from the effects of past
dumping or subsidisation, the magnitude of the actual margin of dumping, actual
and potential decline in sales, profits, output, market share, productivity,
return on investments, utilisation of capacity, factors affecting Ö Union Õ prices, actual
and potential negative effects on cash flow, inventories, employment, wages,
growth, ability to raise capital or investments. This list is not exhaustive,
nor can any one or more of these factors necessarily give decisive guidance.
6. It must be demonstrated, from all the
relevant evidence presented in relation to paragraph 2, that the dumped
imports are causing injury within the meaning of this Regulation. Specifically,
Ö that Õ shall entail a
demonstration that the volume and/or price levels identified pursuant to
paragraph 3 are responsible for an impact on the Ö Union Õ industry as
provided for in paragraph 5, and that Ö that Õ impact exists
to a degree which enables it to be classified as material.
7. Known factors other than the dumped
imports which at the same time are injuring the Ö Union Õ industry shall
also be examined to ensure that injury caused by Ö those Õ other factors
is not attributed to the dumped imports under paragraph 6. Factors which
may be considered in Ö that Õ respect Ö shall Õ include the
volume and prices of imports not sold at dumping prices, contraction in demand
or changes in the patterns of consumption, restrictive trade practices of, and
competition between, third country and Ö Union Õ producers,
developments in technology and the export performance and productivity of the Ö Union Õ industry.
8. The effect of the dumped imports shall
be assessed in relation to the production of the Ö Union Õ industry of
the like product when available data permit the separate identification of that
production on the basis of such criteria as the production process, producers’
sales and profits. If such separate identification of that production is not
possible, the effects of the dumped imports shall be assessed by examination of
the production of the narrowest group or range of products, which includes the
like product, for which the necessary information can be provided.
9. A determination of a threat of material
injury shall be based on facts and not merely on an allegation, conjecture or
remote possibility. The change in circumstances which would create a situation
in which the dumping would cause injury must be clearly foreseen and imminent.
In making a determination regarding the
existence of a threat of material injury, consideration should be given to such
factors as:
(a)          a significant rate of increase of
dumped imports into the Ö Union Õ market
indicating the likelihood of substantially increased imports;
(b)          sufficient freely disposable
capacity of the exporter or an imminent and substantial increase in such
capacity indicating the likelihood of substantially increased dumped exports to
the Ö Union Õ , account
being taken of the availability of other export markets to absorb any
additional exports;
(c)          whether imports are entering at
prices that would, to a significant degree, depress prices or prevent price
increases which otherwise would have occurred, and would probably increase
demand for further imports; 
(d)          inventories of the product being
investigated.
No one of the factors listed above by
itself can necessarily give decisive guidance, but the totality of the factors
considered must lead to the conclusion that further dumped exports are imminent
and that, unless protective action is taken, material injury will occur.
Article 4
Definition of Ö Union Õ industry
1. For the purposes of this Regulation, the
term ‘ Ö Union Õ industry’
shall be interpreted as referring to the Ö Union Õ producers as a
whole of the like products or to those of them whose collective output of the
products constitutes a major proportion, as defined in Article 5(4), of
the total Ö Union Õ production of
those products, except that:
(a)          when producers are related to the
exporters or importers or are themselves importers of the allegedly dumped
product, the term ‘ Ö Union Õ industry’ may
be interpreted as referring to the rest of the producers;
(b)          in exceptional circumstances the
territory of the Ö Union Õ may, for the
production in question, be divided into two or more competitive markets and the
producers within each market may be regarded as a separate industry if:
(i)      the producers within such a market
sell all or almost all of their production of the product in question in that
market; and
(ii)     the demand in that market is not to
any substantial degree Ö met Õ by producers
of the product in question located elsewhere in the Ö Union Õ .
In such circumstances, injury may be found to
exist even where a major portion of the total Ö Union Õ industry is
not injured, provided Ö that Õ there is a
concentration of dumped imports into such an isolated market and provided
further that the dumped imports are causing injury to the producers of all or
almost all of the production within such a market.
2. For the purpose of paragraph 1,
producers shall be considered to be related to exporters or importers only if:
(a)          one of them directly or
indirectly controls the other; or
(b)          both of them are directly or
indirectly controlled by a third person; or
(c)          together they directly or indirectly
control a third person, provided that there are grounds for believing or
suspecting that the effect of the relationship is such as to cause the producer
concerned to behave differently from non-related producers.
For the purpose of this paragraph, one
shall be deemed to control another when the former is legally or operationally
in a position to exercise restraint or direction over the latter.
3. Where the Ö Union Õ industry has
been interpreted as referring to the producers in a certain region, the
exporters shall be given an opportunity to offer undertakings pursuant to
Article 8 in respect of the region concerned. In such cases, when
evaluating the Ö Union Õ interest of
the measures, special account shall be taken of the interest of the region. If
an adequate undertaking is not offered promptly or the situations set out in
Article 8(9) and (10) apply, a provisional or definitive duty may be
imposed in respect of the Ö Union Õ as a whole. In
such cases the duties may, if practicable, be limited to specific producers or
exporters.
4. The provisions of Article 3(8)
shall be applicable to this Article.
Article 5
Initiation of proceedings
1. Except as provided for in paragraph 6,
an investigation to determine the existence, degree and effect of any alleged
dumping shall be initiated upon a written complaint by any natural or legal
person, or any association not having legal personality, acting on behalf of
the Ö Union Õ industry.
The complaint may be submitted to the
Commission or to a Member State, which shall forward it to the Commission. The
Commission shall send Member States a copy of any complaint it receives. The
complaint shall be deemed to have been lodged on the first working day
following its delivery to the Commission by registered mail or the issuing of
an acknowledgement of receipt by the Commission.
Where, in the absence of any complaint, a
Member State is in possession of sufficient evidence of dumping and of
resultant injury to the Ö Union Õ industry, it
shall immediately communicate such evidence to the Commission.
2. A complaint under paragraph 1 shall
include evidence of dumping, injury and a causal link between the allegedly
dumped imports and the alleged injury. The complaint shall contain such
information as is reasonably available to the complainant on the following:
(a)          the identity of the complainant
and a description of the volume and value of the Ö Union Õ production of
the like product by the complainant. Where a written complaint is made on
behalf of the Ö Union Õ industry, the
complaint shall identify the industry on behalf of which the complaint is made
by a list of all known Ö Union Õ producers of
the like product (or associations of Ö Union Õ producers of
the like product) and, to the extent possible, a description of the volume and
value of Ö Union Õ production of
the like product accounted for by such producers;
(b)          a complete description of the
allegedly dumped product, the names of the country or countries of origin or
export in question, the identity of each known exporter or foreign producer and
a list of known persons importing the product in question;
(c)           Ö the Õ prices at
which the product in question is sold when destined for consumption in the
domestic markets of the country or countries of origin or export (or, where
appropriate, the prices at which the product is sold from the country or
countries of origin or export to a third country or countries or on the
constructed value of the product) and Ö the Õ export prices
or, where appropriate, the prices at which the product is first resold to an
independent buyer in the Ö Union Õ ;
(d)           Ö the Õ changes in the
volume of the allegedly dumped imports, the effect of those imports on prices
of the like product on the Ö Union Õ market and the
consequent impact of the imports on the Ö Union Õ industry, as
demonstrated by relevant factors and indices having a bearing on the state of
the Ö Union Õ industry, such
as those listed in Article 3(3) and (5).
3. The Commission shall, as far as
possible, examine the accuracy and adequacy of the evidence provided in the complaint,
to determine whether there is sufficient evidence to justify the initiation of
an investigation.
4. An investigation shall not be initiated
pursuant to paragraph 1 unless it has been determined, on the basis of an
examination as to the degree of support for, or opposition to, the complaint
expressed by Ö Union Õ producers of
the like product, that the complaint has been made by or on behalf of the Ö Union Õ industry. The
complaint shall be considered to have been made by or on behalf of the Ö Union Õ industry if it
is supported by those Ö Union Õ producers
whose collective output constitutes more than 50 % of the total production
of the like product produced by that portion of the Ö Union Õ industry
expressing either support for or opposition to the complaint. However, no
investigation shall be initiated when Ö Union Õ producers
expressly supporting the complaint account for less than 25 % of total
production of the like product produced by the Ö Union Õ industry.
5. The authorities shall avoid, unless a
decision has been made to initiate an investigation, any publicising of the
complaint seeking the initiation of an investigation. However, after receipt of
a properly documented complaint and before proceeding to initiate an
investigation, the government of the exporting country concerned shall be
notified.
ê 37/2014
Art. 1 and Annex .22(2) (adapted)
6. If, in special circumstances, Ö the
Commission decides Õ to initiate an
investigation without having received a written complaint by or on behalf of
the Union industry for the initiation of such an investigation, this shall be
done on the basis of sufficient evidence of dumping, injury and a causal link,
as described in paragraph 2, to justify such initiation. The Commission shall
provide information to the Member States once it has determined the need to
initiate such investigation.
ê 1225/2009
(adapted)
7. The evidence of both dumping and injury
shall be considered simultaneously in the decision on whether or not to
initiate an investigation. A complaint shall be rejected where there is
insufficient evidence of either dumping or of injury to justify proceeding with
the case. Proceedings shall not be initiated against countries whose imports
represent a market share of below 1 %, unless such countries collectively
account for 3 % or more of Ö Union Õ consumption.
8. The complaint may be withdrawn prior to
initiation, in which case it shall be considered not to have been lodged.
ê 37/2014
Art. 1 and Annex .22(2) (adapted)
9. Where it is apparent that there is
sufficient evidence to justify initiating proceedings, the Commission shall do
so within 45 days of the date Ö on
which Õ the complaint Ö was
lodged Õ and shall
publish a notice in the Official Journal of the European Union. Where
insufficient evidence has been presented, the complainant shall be so informed
within 45 days of the date on which the complaint is lodged with the
Commission. The Commission shall provide information to the Member States
concerning its analysis of the complaint normally within 21 days of the date on
which the complaint is lodged with the Commission.
ê 1225/2009
(adapted)
è1 37/2014 Art. 1 and Annex .22(3)
10. The notice of initiation of proceedings
shall announce the initiation of an investigation, indicate the product and
countries concerned, give a summary of the information received, and provide
that all relevant information is to be communicated to the Commission.
It shall state the periods within which
interested parties may make themselves known, present their views in writing
and submit information if such views and information are to be taken into
account during the investigation. It shall also state the period within which
interested parties may apply to be heard by the Commission in accordance with
Article 6(5).
11. The Commission shall advise the
exporters, importers and representative associations of importers or exporters
known to it to be concerned, as well as representatives of the exporting
country and the complainants, of the initiation of the proceedings and, with
due regard to the protection of confidential information, provide the full text
of the written complaint received pursuant to paragraph 1 to the known
exporters and to the authorities of the exporting country, and make it
available upon request to other interested parties involved. Where the number
of exporters involved is particularly high, the full text of the written complaint
may instead be provided only to the authorities of the exporting country or to
the relevant trade association.
12. An anti-dumping investigation shall not
hinder the procedures of customs clearance.
Article 6
The investigation
1. Following the initiation of proceedings,
the Commission, acting in cooperation with the Member States, shall commence an
investigation at Ö Union Õ level. Such
investigation shall cover both dumping and injury and these shall be
investigated simultaneously.
For the purpose of a representative
finding, an investigation period shall be selected which in the case of dumping
shall, normally, cover a period of no less than six months immediately prior to
the initiation of proceedings.
Information relating to a period subsequent
to the investigation period shall, normally, not be taken into account.
2. Parties receiving questionnaires used in
an anti-dumping investigation shall be given at least 30 days to reply. The
time limit for exporters shall be counted from the date of receipt of the
questionnaire, which for this purpose shall be deemed to have been received one
week from the day on which it was sent to the exporter or transmitted to the
appropriate diplomatic representative of the exporting country. An extension to
the 30 day period may be granted, due account being taken of the time limits of
the investigation, provided that the party shows due cause for such extension,
in terms of its particular circumstances.
3. The Commission may request Member States
to supply information, and Member States shall take whatever steps are
necessary in order to give effect to such requests.
They shall send to the Commission the
information requested together with the results of all inspections, checks or
investigations carried out.
Where Ö that Õ information is
of general interest or where its transmission has been requested by a Member State, the Commission shall forward it to the Member States, provided it is not
confidential, in which case a non-confidential summary shall be forwarded.
4. The Commission may request Member States
to carry out all necessary checks and inspections, particularly amongst
importers, traders and Ö Union Õ producers, and
to carry out investigations in third countries, provided that the firms
concerned give their consent and that the government of the country in question
has been officially notified and raises no objection.
Member States shall take whatever steps are
necessary in order to give effect to such requests from the Commission.
Officials of the Commission shall be
authorised, if the Commission or a Member State so requests, to assist the
officials of Member States in carrying out their duties.
5. The interested parties which have made themselves
known in accordance with Article 5(10) shall be heard if they have, within
the period prescribed in the notice published in the Official Journal of the
European Union, made a written request for a hearing showing that they are
an interested party likely to be affected by the result of the proceedings and
that there are particular reasons why they should be heard.
6. Opportunities shall, on request, be
provided for the importers, exporters, representatives of the government of the
exporting country and the complainants, which have made themselves known in
accordance with Article 5(10), to meet those parties with adverse
interests, so that opposing views may be presented and rebuttal arguments
offered.
Provision of such opportunities must take
account of the need to preserve confidentiality and of the convenience to the
parties.
There shall be no obligation on any party
to attend a meeting, and failure to do so shall not be prejudicial to that
party's case.
Oral information provided under this
paragraph shall be taken into account in so far as it is subsequently confirmed
in writing.
7. The complainants, importers and
exporters and their representative associations, users and consumer
organisations, which have made themselves known in accordance with Article 5(10),
as well as the representatives of the exporting country, may, upon written
request, inspect all information made available by any party to an
investigation, as distinct from internal documents prepared by the authorities
of the Ö Union Õ or its Member
States, which is relevant to the presentation of their cases and not
confidential within the meaning of Article 19, and is used in the
investigation.
Such parties may respond to such
information and their comments shall be taken into consideration, wherever they
are sufficiently substantiated in the response.
8. Except in the circumstances provided for
in Article 18, the information which is supplied by interested parties and
upon which findings are based shall be examined for accuracy as far as
possible.
9. For proceedings initiated pursuant to
Article 5(9), an investigation shall, whenever possible, be concluded
within one year. In any event, such investigations shall in all cases be
concluded within 15 months of initiation, in accordance with the findings made
pursuant to Article 8 for undertakings or the findings made pursuant to
Article 9 for definitive action.
Article 7
Provisional measures
1. Provisional duties may be imposed if:
(a)          proceedings have been initiated
in accordance with Article 5; 
(b)          a notice has been given to that
effect and interested parties have been given è1 an adequate opportunity ç to submit
information and make comments in accordance with Article 5(10); 
(c)          a provisional affirmative
determination has been made of dumping and consequent injury to the Ö Union Õ industry ;
and 
(d)          the Ö Union Õ interest calls
for intervention to prevent such injury.
The provisional duties shall be imposed no
earlier than 60 days from the initiation of the proceedings but no later than
nine months from the initiation of the proceedings.
2. The amount of the provisional
anti-dumping duty shall not exceed the margin of dumping as provisionally
established, but it should be less than the margin if such lesser duty would be
adequate to remove the injury to the Ö Union Õ industry.
3. Provisional duties shall be secured by a
guarantee, and the release of the products concerned for free circulation in
the Ö Union Õ shall be
conditional upon the provision of such guarantee.
ê 37/2014
Art. 1 and Annex .22(3) (adapted)
4. The Commission shall Ö adopt Õ provisional
measures in accordance with the procedure referred to in Article 15(4).
ê 1225/2009
5. Where a Member State requests immediate
intervention by the Commission and where the conditions in paragraph 1 are
met, the Commission shall, within a maximum of five working days of receipt of
the request, decide whether a provisional anti-dumping duty shall be imposed.
6. Provisional duties may be imposed for
six months and extended for a further three months or they may be imposed for
nine months. However, they may only be extended, or imposed for a nine-month
period, where exporters representing a significant percentage of the trade
involved so request or do not object upon notification by the Commission.
Article 8
Undertakings
ê 37/2014
Art. 1 and Annex .22(4)
1. On the condition that a provisional
affirmative determination of dumping and injury has been made, the Commission
may, in accordance with the advisory procedure referred to in Article 15(2),
accept satisfactory voluntary undertaking offers submitted by any exporter to
revise its prices or to cease exports at dumped prices, if it is satisfied that
the injurious effect of the dumping is thereby eliminated.
In such a case and as long as such
undertakings are in force, provisional duties imposed by the Commission in
accordance with Article 7(1), or definitive duties imposed in accordance with
Article 9(4), as the case may be, shall not apply to the relevant imports of
the product concerned manufactured by the companies referred to in the
Commission decision accepting undertakings, as subsequently amended.
Price increases under such undertakings
shall not be higher than necessary to eliminate the margin of dumping and they
should be less than the margin of dumping if such increases would be adequate
to remove the injury to the Union industry.
ê 1225/2009
(adapted)
2. Undertakings may be suggested by the
Commission, but no exporter shall be obliged to enter into such an undertaking.
The fact that exporters do not offer such undertakings, or do not accept an
invitation to do so, shall in no way prejudice consideration of the case.
However, it may be determined that a threat
of injury is more likely to be realised if the dumped imports continue.
Undertakings shall not be sought or accepted from exporters unless a
provisional affirmative determination of dumping and injury caused by such
dumping has been made.
Save in exceptional circumstances,
undertakings may not be offered later than the end of the period during which
representations may be made pursuant to Article 20(5).
3. Undertakings offered need not be
accepted if their acceptance is considered impractical, such as where the
number of actual or potential exporters is too great, or for other reasons,
including reasons of general policy. The exporter concerned may be provided
with the reasons for which it is proposed to reject the offer of an undertaking
and may be given an opportunity to make comments thereon. The reasons for
rejection shall be set out in the definitive decision.
4. Parties which offer an undertaking shall
be required to provide a non-confidential version of such undertaking, so that
it may be made available to interested parties to the investigation.
ê 37/2014
Art. 1 and Annex .22(4)
5. Where undertakings are accepted, the
investigation shall be terminated. The Commission shall terminate the
investigation in accordance with the examination procedure referred to in
Article 15(3).
ê 1225/2009
6. If the undertakings are accepted, the
investigation of dumping and injury shall normally be completed. In such a
case, if a negative determination of dumping or injury is made, the undertaking
shall automatically lapse, except in cases where such a determination is due in
large part to the existence of an undertaking. In such cases it may be required
that an undertaking be maintained for a reasonable period.
In the event that an affirmative
determination of dumping and injury is made, the undertaking shall continue
consistent with its terms and the provisions of this Regulation.
7. The Commission shall require any
exporter from which an undertaking has been accepted to provide, periodically,
information relevant to the fulfilment of such undertaking, and to permit
verification of pertinent data. Non-compliance with such requirements shall be
construed as a breach of the undertaking.
8. Where undertakings are accepted from
certain exporters during the course of an investigation, they shall, for the
purpose of Article 11, be deemed to take effect from the date on which the
investigation is concluded for the exporting country.
ê 37/2014
Art. 1 and Annex .22(4) (adapted)
9. In the case of breach or withdrawal of
undertakings by any party to the undertaking, or in the case of withdrawal of
acceptance of the undertaking by the Commission, the acceptance of the
undertaking shall be withdrawn by Commission Decision or Commission Regulation,
as appropriate, and the provisional duty which has been imposed by the Commission
in accordance with Article 7 or the definitive duty which has been imposed in
accordance with Article 9(4) shall automatically apply, provided that the
exporter concerned has, except where Ö that
exporter Õ has withdrawn
the undertaking, been given an opportunity to comment. The Commission shall
provide information to the Member States when it decides to withdraw an
undertaking.
ê 1225/2009
Any interested party or Member State may submit information showing prima facie evidence of a breach of an
undertaking. The subsequent assessment of whether or not a breach of an
undertaking has occurred shall normally be concluded within six months, but in
no case later than nine months following a duly substantiated request.
The Commission may request the assistance
of the competent authorities of the Member States in the monitoring of
undertakings.
ê 37/2014
Art. 1 and Annex .22(4)
10. A provisional duty may be imposed in
accordance with Article 7 on the basis of the best information available where
there is reason to believe that an undertaking is being breached, or in the
case of breach or withdrawal of an undertaking, where the investigation which
led to the undertaking has not been concluded.
ê 1225/2009
(adapted)
Article 9
Termination without measures;
imposition of definitive duties
1. Where the complaint is withdrawn,
proceedings may be terminated unless such termination would not be in the Ö Union’s Õ interest.
ê 37/2014
Art. 1 and Annex .22(5)
2. Where protective measures are
unnecessary, the investigation or proceedings shall be terminated. The
Commission shall terminate the investigation in accordance with the examination
procedure referred to in Article 15(3).
ê 1225/2009
3. For proceedings initiated pursuant to
Article 5(9), injury shall normally be regarded as negligible where the
imports concerned represent less than the volumes set out in Article 5(7).
For the same proceedings, there shall be immediate termination where it is
determined that the margin of dumping is less than 2 %, expressed as a
percentage of the export price, provided that it is only the investigation that
shall be terminated where the margin is below 2 % for individual exporters
and they shall remain subject to the proceedings and may be reinvestigated in
any subsequent review carried out for the country concerned pursuant to
Article 11.
ê 37/2014
Art. 1 and Annex .22(5) (adapted)
4. Where the facts as finally established
show that there is dumping and injury caused thereby, and the Union interest
calls for intervention in accordance with Article 21, a definitive anti‑dumping
duty shall be imposed by the Commission acting in accordance with the examination
procedure referred to in Article 15(3). Where provisional duties are in force,
the Commission shall initiate that procedure no later than one month before the
expiry of such duties.
The amount of the anti-dumping duty shall
not exceed the margin of dumping established but it should be less than the
margin if such lesser duty would be adequate to remove the injury to the Union
industry.
ê 765/2012
Art. 1
5. An anti-dumping duty shall be imposed 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 for
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 supplying 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 corporate 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.
ê 1225/2009
(adapted)
è1 1168/2012 Art. 1.2
è2 37/2014 Art. 1 and Annex .22(6)
è3 37/2014 Art. 1 and Annex .22(7)
6. è1 When the Commission has limited its Ö investigation Õ 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 Ö investigation Õ 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 point (a) of
Article 2(7). ç
For the purpose of this paragraph, the
Commission shall disregard any zero and de minimis margins, and margins
established in the circumstances referred to in Article 18.
Individual duties shall be applied to
imports from any exporter or producer which is granted individual treatment, as
provided for in Article 17.
Article 10
Retroactivity
1. Provisional measures and definitive anti-dumping
duties shall only be applied to products which enter free circulation after the
time when the Ö measure Õ taken pursuant
to Article 7(1) or 9(4), as the case may be, enters into force, subject to
the exceptions set out in this Regulation.
è2 2. Where a provisional duty has been applied and
the facts as finally established show that there is dumping and injury, the
Commission shall decide, irrespective of whether a definitive anti-dumping duty
is to be imposed, what proportion of the provisional duty is to be definitively
collected. ç For Ö that Õ purpose,
‘injury’ shall not include material Ö delay Õ of the
establishment of a Ö Union Õ industry, nor
threat of material injury, except where it is found that this would, in the
absence of provisional measures, have developed into material injury. In all
other cases involving such threat or Ö delay Õ, any
provisional amounts shall be released and definitive duties can only be imposed
from the date Ö on
which Õ a final
determination of threat or material Ö delay Õ is made.
3. If the definitive anti-dumping duty is
higher than the provisional duty, the difference shall not be collected. If the
definitive duty is lower than the provisional duty, the duty shall be
recalculated. Where a final determination is negative, the provisional duty shall
not be confirmed.
4. A definitive anti-dumping duty may be
levied on products which were entered for consumption no more than 90 days
prior to the date of application of provisional measures but not prior to the
initiation of the investigation, provided that:
(a)          Ö the Õ imports have
been registered in accordance with Article 14(5);
(b)           the importers concerned Ö have been
given Õ an opportunity
to comment Ö by the
Commission Õ; 
(c)          there is, for the product in
question, a history of dumping over an extended period, or the importer was
aware of, or should have been aware of, the dumping as regards the extent of
the dumping and the injury alleged or found; and
(d)          in addition to the level of
imports which caused injury during the investigation period, there is a further
substantial rise in imports which, in the light of its timing and volume and
other circumstances, is likely to seriously undermine the remedial effect of the
definitive anti-dumping duty to be applied.
5. In cases of breach or withdrawal of
undertakings, definitive duties may be levied on goods entered for free
circulation no more than 90 days before the application of provisional
measures, provided that Ö the Õ imports have
been registered in accordance with Article 14(5), and that any such
retroactive assessment shall not apply to imports entered before the breach or
withdrawal of the undertaking.
Article 11
Duration, reviews and refunds
1. An anti-dumping measure shall remain in
force only as long as, and to the extent that, it is necessary to counteract
the dumping which is causing injury.
2. A definitive anti-dumping measure shall
expire five years from its imposition or five years from the date of the
conclusion of the most recent review which has covered both dumping and injury,
unless it is determined in a review that the expiry would be likely to lead to
a continuation or recurrence of dumping and injury. Such an expiry review shall
be initiated on the initiative of the Commission, or upon Ö a Õ request made
by or on behalf of Ö Union Õ producers, and
the measure shall remain in force pending the outcome of such review.
An expiry review shall be initiated where
the request contains sufficient evidence that the expiry of the measures would
be likely to result in a continuation or recurrence of dumping and injury. Such
likelihood may, for example, be indicated by evidence of continued dumping and
injury or evidence that the removal of injury is partly or solely due to the
existence of measures or evidence that the circumstances of the exporters, or
market conditions, are such that they would indicate the likelihood of further
injurious dumping.
In carrying out investigations under this
paragraph, the exporters, importers, the representatives of the exporting
country and the Ö Union Õ producers
shall be provided with the opportunity to amplify, rebut or comment on the
matters set out in the review request, and conclusions shall be reached with
due account taken of all relevant and duly documented evidence presented in
relation to the question as to whether the expiry of measures would be likely,
or unlikely, to lead to the continuation or recurrence of dumping and injury.
A notice of impending expiry shall be
published in the Official Journal of the European Union at an
appropriate time in the final year of the period of application of the measures
as defined in this paragraph. Thereafter, the Ö Union Õ producers
shall, no later than three months before the end of the five-year period, be
entitled to lodge a review request in accordance with the second subparagraph.
A notice announcing the actual expiry of measures pursuant to this paragraph
shall also be published.
3. The need for the continued imposition of
measures may also be reviewed, where warranted, on the initiative of the
Commission or at the request of a Member State or, provided that a reasonable
period of time of at least one year has elapsed since the imposition of the
definitive measure, upon a request by any exporter or importer or by the Ö Union Õ producers
which contains sufficient evidence substantiating the need for such an interim
review.
An interim review shall be initiated where
the request contains sufficient evidence that the continued imposition of the
measure is no longer necessary to offset dumping and/or that the injury would
be unlikely to continue or recur if the measure were removed or varied, or that
the existing measure is not, or is no longer, sufficient to counteract the
dumping which is causing injury.
In carrying out investigations pursuant to
this paragraph, the Commission may, inter alia, consider whether the
circumstances with regard to dumping and injury have changed significantly, or
whether existing measures are achieving the intended results in removing the
injury previously established under Article 3. In Ö those Õ respects,
account shall be taken in the final determination of all relevant and duly
documented evidence.
4. A review shall also be carried out for
the purpose of determining individual margins of dumping for new exporters in
the exporting country in question which have not exported the product during
the period of investigation on which the measures were based.
The review shall be initiated where a new
exporter or producer can show that it is not related to any of the exporters or
producers in the exporting country which are subject to the anti-dumping
measures on the product, and that it has actually exported to the Ö Union Õ following the
investigation period, or where it can demonstrate that it has entered into an
irrevocable contractual obligation to export a significant quantity to the Ö Union Õ .
è3 A review for a new exporter shall be initiated and
carried out on an accelerated basis after Union producers have been given an
opportunity to comment. ç The Commission
Regulation initiating a review shall repeal the duty in force with regard to
the new exporter concerned by amending the Regulation which has imposed such
duty, and by making imports subject to registration in accordance with
Article 14(5) in order to ensure that, should the review result in a
determination of dumping in respect of such an exporter, anti-dumping duties
can be levied retroactively to the date of the initiation of the review.
The provisions of this paragraph shall not
apply where duties have been imposed under Article 9(6).
5. The relevant provisions of this
Regulation with regard to procedures and the conduct of investigations,
excluding those relating to time limits, shall apply to any review carried out
pursuant to paragraphs 2, 3 and 4.
Reviews carried out pursuant to
paragraphs 2 and 3 shall be carried out expeditiously and shall
normally be concluded within 12 months of the date of initiation of the review.
In any event, reviews pursuant to paragraphs 2 and 3 shall in all
cases be concluded within 15 months of initiation.
Reviews pursuant to paragraph 4 shall
in all cases be concluded within nine months of the date of initiation.
If a review carried out pursuant to
paragraph 2 is initiated while a review under paragraph 3 is ongoing
in the same proceeding, the review pursuant to paragraph 3 shall be
concluded at the same time as the review pursuant to paragraph 2.
If the investigation is not completed
within the deadlines specified in the second, third and fourth subparagraphs,
the measures shall:
–                        
expire in investigations pursuant to
paragraph 2,
–                        
expire in the case of investigations carried out
pursuant to paragraphs 2 and 3 in parallel, where either the investigation
pursuant to paragraph 2 was initiated while a review under
paragraph 3 was ongoing in the same proceeding or where such reviews were
initiated at the same time, or
–                        
remain unchanged in investigations pursuant to
paragraphs 3 and 4.
A notice announcing the actual expiry or
maintenance of the measures pursuant to this paragraph shall then be published
in the Official Journal of the European Union.
ê 37/2014
Art. 1 and Annex .22(7) (adapted)
6. Reviews pursuant to this Article shall
be initiated by the Commission. The Commission shall decide whether or not to
initiate reviews pursuant to paragraph 2 of this Article in accordance with the
advisory procedure referred to in Article 15(2). The Commission shall also
provide information to the Member States once an operator or a Member State has
submitted a request justifying the initiation of a review pursuant to
paragraphs 3 and 4 of this Article and the Commission has completed its
analysis thereof, or once the Commission has itself determined that the need
for the continued imposition of measures should be reviewed.
Where warranted by reviews, measures shall,
in accordance with the examination procedure referred to in Article 15(3), be
repealed or maintained pursuant to paragraph 2 of this Article, or repealed,
maintained or amended pursuant to paragraphs 3 and 4 of this Article.
Where measures are repealed for individual
exporters, but not for the country as a whole, such exporters shall remain
subject to the proceedings and may, automatically, be reinvestigated in any
subsequent review carried out for that country pursuant to this Article.
ê 1225/2009 (adapted)
7. Where a review of measures pursuant to
paragraph 3 is in progress at the end of the period of application of
measures as defined in paragraph 2, such review shall also cover the
circumstances set out in paragraph 2.
8. Notwithstanding paragraph 2, an
importer may request reimbursement of duties collected where it is shown that
the dumping margin, on the basis of which duties were paid, has been
eliminated, or reduced to a level which is below the level of the duty in
force.
In requesting a refund of anti-dumping
duties, the importer shall submit an application to the Commission. The
application shall be submitted via the Member State of the territory in which
the products were released for free circulation, within six months of the date
on which the amount of the definitive duties to be levied was duly determined
by the competent authorities or of the date on which a decision was made
definitively to collect the amounts secured by way of provisional duty. Member
States shall forward the request to the Commission forthwith.
An application for refund shall only be
considered to be duly supported by evidence where it contains precise
information on the amount of refund of anti-dumping duties claimed and all
customs documentation relating to the calculation and payment of such amount.
It shall also include evidence, for a representative period, of normal values
and export prices to the Ö Union Õ for the
exporter or producer to which the duty applies. In cases where the importer is
not associated with the exporter or producer concerned and such information is
not immediately available, or where the exporter or producer is unwilling to
release it to the importer, the application shall contain a statement from the
exporter or producer that the dumping margin has been reduced or eliminated, as
specified in this Article, and that the relevant supporting evidence will be
provided to the Commission. Where such evidence is not forthcoming from the
exporter or producer within a reasonable period of time the application shall
be rejected.
ê 37/2014
Art. 1 and Annex .22(7)
The Commission shall decide whether and to
what extent the application should be granted, or it may decide at any time to
initiate an interim review, whereupon the information and findings from such a
review carried out in accordance with the provisions applicable for such reviews
shall be used to determine whether and to what extent a refund is justified.
The Commission shall provide information to the Member States once it has
completed its analysis of the application. 
ê 1225/2009
(adapted)
è1 Corrigendum, OJ L 7, 12.1.2010, p. 22
Refunds of duties shall normally take place
within 12 months, and in no circumstances more than 18 months after the date on
which a request for a refund, duly supported by evidence, has been made by an
importer of the product subject to the anti-dumping duty.
The payment of any refund authorised should
normally be made by Member States within 90 days of the Commission's
decision.
9. In all review or refund investigations
carried out pursuant to this Article, the Commission shall, provided that
circumstances have not changed, apply the same methodology as in the
investigation which led to the duty, with due account being taken of
Article 2, and in particular paragraphs 11 and 12 thereof, and
of Article 17.
10. In any investigation carried our
pursuant to this Article, the Commission shall examine the reliability of
export prices in accordance with Article 2. However, where it is decided
to construct the export price in accordance with Article 2(9), it shall
calculate it with no deduction for the amount of anti-dumping duties paid when
conclusive evidence is provided that the duty is duly reflected in resale
prices and the subsequent selling prices in the Ö Union Õ .
Article 12
è1 Absorption ç
ê 37/2014
Art. 1 and Annex .22(8)
1. Where the Union industry or any other
interested party submit, normally within two years from the entry into force of
the measures, sufficient information showing that, after the original
investigation period and prior to or following the imposition of measures,
export prices have decreased or that there has been no movement, or
insufficient movement, in the resale prices or subsequent selling prices of the
imported product in the Union, the Commission may reopen the investigation to
examine whether the measure has had effects on the above-mentioned prices. The
Commission shall provide information to the Member States once an interested
party has submitted sufficient information justifying the reopening of the
investigation and the Commission has completed its analysis thereof.
ê 1225/2009
(adapted)
è1 Corrigendum, OJ L 7, 12.1.2010, p. 22
The investigation may also be reopened,
under the conditions set out Ö in the
first subparagraph Õ, at the
initiative of the Commission or at the request of a Member State.
2. è1 During a reinvestigation pursuant to this Article,
exporters, importers and Ö Union Õ producers
shall be provided with an opportunity to clarify the situation with regard to
resale prices and subsequent selling prices. If it is concluded that the
measure should have led to movements in such prices, then, in order to remove
the injury previously established in accordance with Article 3, export
prices shall be reassessed in accordance with Article 2 and dumping
margins shall be recalculated to take account of the reassessed export prices.
Where it is considered that the conditions of Article 12(1) are met due to
a fall in export prices which has occurred after the original investigation
period and prior to or following the imposition of measures, dumping margins
may be recalculated to take account of such lower export prices. ç
ê 37/2014
Art. 1 and Annex .22(8)
3. Where a reinvestigation pursuant to this
Article shows increased dumping, the measures in force may be amended by the
Commission acting in accordance with the examination procedure referred to in
Article 15(3), in accordance with the new findings on export prices. The amount
of the anti-dumping duty imposed pursuant to this Article shall not exceed
twice the amount of the duty imposed initially.
ê 1225/2009
(adapted)
4. The relevant provisions of
Articles 5 and 6 shall apply to any reinvestigation carried out
pursuant to this Article, except that such reinvestigation shall be carried out
expeditiously and shall normally be concluded within six months of the date of
initiation of the reinvestigation. In any event, such reinvestigations shall in
all cases be concluded within nine months of initiation of the reinvestigation.
If the reinvestigation is not completed
within the deadlines specified in the first subparagraph, measures shall remain
unchanged. A notice announcing the maintenance of the measures pursuant to this
paragraph shall be published in the Official Journal of the European Union.
5. Alleged changes in normal value shall
only be taken into account under this Article where complete information on
revised normal values, duly substantiated by evidence, is made available to the
Commission within the time limits set out in the notice of initiation of an
investigation. Where an investigation involves a re-examination of normal values,
imports may be made subject to registration in accordance with
Article 14(5) pending the outcome of the reinvestigation.
Article 13
Circumvention
1. Anti-dumping duties imposed pursuant to
this Regulation may be extended to imports from third countries of the like
product, whether slightly modified or not, or to imports of the slightly
modified like product from the country subject to measures, or parts thereof,
when circumvention of the measures in force is taking place.
Anti-dumping duties not exceeding the
residual anti-dumping duty imposed in accordance with Article 9(5) may be
extended to imports from companies benefiting from individual duties in the
countries subject to measures when circumvention of the measures in force is
taking place.
Circumvention shall be defined as a change
in the pattern of trade between third countries and the Ö Union Õ or between
individual companies in the country subject to measures and the Ö Union Õ , which stems
from a practice, process or work for which there is insufficient due cause or
economic justification other than the imposition of the duty, and where there
is evidence of injury or that the remedial effects of the duty are being
undermined in terms of the prices and/or quantities of the like product, and
where there is evidence of dumping in relation to the normal values previously
established for the like product, if necessary in accordance with the
provisions of Article 2.
The
practice, process or work referred to in the first subparagraph includes, inter
alia:
(a)          the slight modification of the
product concerned to make it fall under customs codes which are normally not
subject to the measures, provided that the modification does not alter its
essential characteristics;
(b)          the consignment of the product
subject to measures via third countries;
(c)          the reorganisation by exporters
or producers of their patterns and channels of sales in the country subject to
measures in order to eventually have their products exported to the Ö Union Õ through
producers benefiting from an individual duty rate lower than that applicable to
the products of the manufacturers; 
(d)          in the circumstances indicated in
paragraph 2, the assembly of parts by an assembly operation in the Ö Union Õ or a third
country.
2. An assembly operation in the Ö Union Õ or a third
country shall be considered to circumvent the measures in force where:
(a)          the operation started or
substantially increased since, or just prior to, the initiation of the
anti-dumping investigation and the parts concerned are from the country subject
to measures; and
(b)          the parts constitute 60 % or
more of the total value of the parts of the assembled product, except that in
no case shall circumvention be considered to be taking place where the value
added to the parts brought in, during the assembly or completion operation, is
greater than 25 % of the manufacturing cost; and
(c)          the remedial effects of the duty
are being undermined in terms of the prices and/or quantities of the assembled
like product and there is evidence of dumping in relation to the normal values
previously established for the like or similar products.
ê 37/2014
Art. 1 and Annex .22(9) (adapted)
3. Investigations shall be initiated
pursuant to this Article on the initiative of the Commission or at the request
of a Member State or any interested party on the basis of sufficient evidence
regarding the factors set out in paragraph 1. Initiations shall be made by
Commission Regulation which may also instruct customs authorities to Ö subject Õ imports to
registration in accordance with Article 14(5) or to request guarantees. The
Commission shall provide information to the Member States once an interested
party or a Member State has submitted a request justifying the initiation of an
investigation and the Commission has completed its analysis thereof, or where
the Commission has itself determined that there is a need to initiate an
investigation.
Investigations shall be carried out by the
Commission. The Commission may be assisted by customs authorities and the
investigation shall be concluded within nine months.
Ö Where Õ the facts as
finally ascertained justify the extension of measures, this shall be done by
the Commission acting in accordance with the examination procedure referred to
in Article 15(3). The extension shall take effect from the date on which registration
was imposed pursuant to Article 14(5), or on which guarantees were requested.
The relevant procedural provisions of this Regulation Ö concerning Õ the initiation
and the conduct of investigations shall apply pursuant to this Article.
ê 1225/2009
(adapted)
4. Imports shall not be subject to
registration pursuant to Article 14(5) or measures where they are traded
by companies which benefit from exemptions.
Requests for exemptions duly supported by
evidence shall be submitted within the time limits established in the
Commission regulation initiating the investigation.
Where the circumventing practice, process
or work takes place outside the Ö Union Õ , exemptions
may be granted to producers of the product concerned that can show that they
are not related to any producer subject to the measures and that are found not
to be engaged in circumvention practices as defined in paragraphs 1
and 2 of this Article.
Where the circumventing practice, process
or work takes place inside the Ö Union Õ , exemptions
may be granted to importers that can show that they are not related to
producers subject to the measures.
ê 37/2014
Art. 1 and Annex .22(9) (adapted)
Ö Those Õ exemptions
shall be granted by decision of the Commission and shall remain valid for the
period and under the conditions set down therein. The Commission shall provide
information to the Member States once it has concluded its analysis.
ê 1225/2009
Provided that the conditions set in
Article 11(4) are met, exemptions may also be granted after the conclusion
of the investigation leading to the extension of the measures.
Provided that at least one year has lapsed
from the extension of the measures, and in case the number of parties
requesting or potentially requesting an exemption is significant, the
Commission may decide to initiate a review of the extension of the measures.
Any such review shall be conducted in accordance with the provisions of
Article 11(5) as applicable to reviews pursuant to Article 11(3).
5. Nothing in this Article shall preclude
the normal application of the provisions in force concerning customs duties.
Article 14
General provisions
1. Provisional or definitive anti-dumping
duties shall be imposed by Regulation, and collected by Member States in the
form, at the rate specified and according to the other criteria laid down in
the Regulation imposing such duties. Such duties shall also be collected
independently of the customs duties, taxes and other charges normally imposed
on imports.
No product shall be subject to both
anti-dumping and countervailing duties for the purpose of dealing with one and
the same situation arising from dumping or from export subsidisation.
2. Regulations imposing provisional or
definitive anti-dumping duties, and Regulations or Decisions accepting
undertakings or terminating investigations or proceedings, shall be published
in the Official Journal of the European Union.
Such Regulations or Decisions shall contain
in particular, and with due regard to the protection of confidential
information, the names of the exporters, if possible, or of the countries
involved, a description of the product and a summary of the material facts and
considerations relevant to the dumping and injury determinations. In each case,
a copy of the Regulation or Decision shall be sent to known interested parties.
The provisions of this paragraph shall apply mutatis mutandis to reviews.
3. Special provisions, in particular with
regard to the common definition of the concept of origin, as contained in
Council Regulation (EEC) No 2913/92[11],
may be adopted pursuant to this Regulation.
ê 37/2014
Art. 1 and Annex .22(10)
4. In the Union interest, measures imposed
pursuant to this Regulation may be suspended by a decision of the Commission in
accordance with the advisory procedure referred to in Article 15(2) for a
period of nine months. The suspension may be extended for a further period, not
exceeding one year, by the Commission acting in accordance with the advisory
procedure referred to in Article 15(2).
Measures may only be suspended where market
conditions have temporarily changed to an extent that injury would be unlikely
to resume as a result of the suspension, and provided that the Union industry
has been given an opportunity to comment and those comments have been taken
into account. Measures may at any time be reinstated in accordance with the
advisory procedure referred to in Article 15(2) if the reason for suspension is
no longer applicable.
ê 1225/2009
(adapted)
è1 37/2014 Art. 1 and Annex .22(10)
è1 5. The Commission may, after having informed the
Member States in due time, direct the customs authorities to take the
appropriate steps to register imports, so that measures may subsequently be
applied against those imports from the date of such registration. ç Imports may be
made subject to registration following a request from the Ö Union Õ industry which
contains sufficient evidence to justify such action. Registration shall be
introduced by regulation which shall specify the purpose of the action and, if
appropriate, the estimated amount of possible future liability. Imports shall
not be made subject to registration for a period longer than nine months.
6. Member States shall report to the
Commission every month on the import trade in products subject to investigation
and to measures, and on the amount of duties collected pursuant to this
Regulation.
7. Without prejudice to paragraph 6,
the Commission may request Member States, on a case-by-case basis, to supply
information necessary to monitor efficiently the application of measures. In this
respect, the provisions of Article 6(3) and (4) shall apply. Any data
submitted by Member States pursuant to this Article shall be covered by the
provisions of Article 19(6).
ê 37/2014
Art. 1 and Annex .22(11) (adapted)
Article 15
Committee procedure
1. The Commission shall be assisted by a
Committee. That Committee shall be a committee within the meaning of Regulation
(EU) No 182/2011.
2. Where reference is made to this
paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
4. Where reference is made to this
paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with
Article 4 thereof, shall apply.
5. Pursuant to Article 3(5) of Regulation
(EU) No 182/2011, where the written procedure Ö is used
to Õ adopt
definitive measures pursuant to paragraph 3 of this Article, or Ö to
decide Õ on the
initiation or non-initiation of expiry reviews pursuant to Article 11(6) of
this Regulation, such procedure shall be terminated without result where,
within the time limit set down by the chair, the chair so decides or a majority
of committee members as defined in Article 5(1) of Regulation (EU)
No 182/2011 so request. Where the written procedure Ö is
used Õ in other
instances where there has been a discussion of the draft measure in the
committee, such procedure shall be terminated without result where, within the
time limit set down by the chair, the chair so decides or a simple majority of
committee members so request. Where the written procedure Ö is
used Õ in other
instances where there has not been a discussion of the draft measure in the
committee, such procedure shall be terminated without result where, within the
time limit set down by the chair, the chair so decides or at least a quarter of
committee members so request.
6. The Committee may consider any matter
relating to the application of this Regulation, raised by the Commission or at
the request of a Member State. Member States may request information and may
exchange views in the Committee or directly with the Commission.
ê 1225/2009
(adapted)
Article 16
Verification visits
1. The Commission shall, where it considers
it appropriate, carry out visits to examine the records of importers,
exporters, traders, agents, producers, trade associations and organisations and
to verify information provided on dumping and injury. In the absence of a
proper and timely reply, a verification visit may not be carried out.
2. The Commission may carry out
investigations in third countries as required, provided that it obtains the
agreement of the firms concerned, that it notifies the representatives of the
government of the country in question and that the latter does not object to
the investigation. As soon as the agreement of the firms concerned has been
obtained the Commission Ö shall Õ notify the
authorities of the exporting country of the names and addresses of the firms to
be visited and the dates agreed.
3. The firms concerned shall be advised of
the nature of the information to be verified during verification visits and of
any further information which needs to be provided during such visits, though
this should not preclude requests made during the verification for further
details to be provided in the light of information obtained.
4. In investigations carried out pursuant
to paragraphs 1, 2 and 3, the Commission shall be assisted by
officials of those Member States who so request.
Article 17
Sampling
1. In cases where the number of
complainants, exporters or importers, types of product or transactions is
large, the investigation may be limited to a reasonable number of parties,
products or transactions by using samples which are statistically valid on the
basis of information available at the time of the selection, or to the largest
representative volume of production, sales or exports which can reasonably be
investigated within the time available.
2. The final selection of parties, types of
products or transactions made under these sampling provisions shall rest with
the Commission, though preference shall be given to choosing a sample in
consultation with, and with the consent of, the parties concerned, provided Ö that Õ such parties
make themselves known and make sufficient information available, within three
weeks of initiation of the investigation, to enable a representative sample to
be chosen.
3. In cases where the Ö investigation Õ has been
limited in accordance with this Article, an individual margin of dumping shall,
nevertheless, be calculated for any exporter or producer not initially selected
who submits the necessary information within the time limits provided for in
this Regulation, except where the number of exporters or producers is so large
that individual examinations would be unduly burdensome and would prevent completion
of the investigation in good time.
4. Where it is decided to sample and there
is a degree of non-cooperation by some or all of the parties selected which is
likely to materially affect the outcome of the investigation, a new sample may
be selected.
However, if a material degree of
non-cooperation persists or there is insufficient time to select a new sample,
the relevant provisions of Article 18 shall apply.
Article 18
Non-cooperation
1. In cases in which any interested party
refuses access to, or otherwise does not provide, necessary information within
the time limits provided in this Regulation, or significantly impedes the
investigation, provisional or final findings, affirmative or negative, may be
made on the basis of the facts available.
Where it is found that any interested party
has supplied false or misleading information, the information shall be
disregarded and use may be made of facts available.
Interested parties should be made aware of
the consequences of non-cooperation.
2. Failure to give a computerised response
shall not be deemed to constitute non-cooperation, provided that the interested
party shows that presenting the response as requested would result in an
unreasonable extra burden or unreasonable additional cost.
3. Where the information submitted by an
interested party is not ideal in all respects it should nevertheless not be
disregarded, provided that any deficiencies are not such as to cause undue
difficulty in arriving at a reasonably accurate finding and that the
information is appropriately submitted in good time and is verifiable, and that
the party has acted to the best of its ability.
4. If evidence or information is not
accepted, the supplying party shall be informed forthwith of the reasons
therefor and shall be granted an opportunity to provide further explanations
within the time limit specified. If the explanations are considered
unsatisfactory, the reasons for rejection of such evidence or information shall
be disclosed and given in published findings.
5. If determinations, including those
regarding normal value, are based on the provisions of paragraph 1,
including the information supplied in the complaint, it shall, where
practicable and with due regard to the time limits of the investigation, be
checked by reference to information from other independent sources which may be
available, such as published price lists, official import statistics and
customs returns, or information obtained from other interested parties during
the investigation.
Such information may include relevant data
pertaining to the world market or other representative markets, where
appropriate.
6. If an interested party does not
cooperate, or cooperates only partially, so that relevant information is
thereby withheld, the result may be less favourable to the party than if it had
cooperated.
Article 19
Confidentiality
1. Any information which is by nature
confidential (for example, because its disclosure would be of significant
competitive advantage to a competitor or would have a significantly adverse
effect upon a person supplying the information or upon a person from whom he
has acquired the information) or which is provided on a confidential basis by
parties to an investigation shall, if good cause is shown, be treated as such
by the authorities.
2. Interested parties providing
confidential information shall be required to Ö provide Õ
non-confidential summaries thereof. Those summaries shall be in sufficient
detail to permit a reasonable understanding of the substance of the information
submitted in confidence. In exceptional circumstances, such parties may
indicate that such information is not susceptible of summary. In such
exceptional circumstances, a statement of the reasons why such Ö summarisation Õ is not
possible must be provided.
3. If it is considered that a request for
confidentiality is not warranted and if the supplier of the information is
either unwilling to make the information available or to authorise its
disclosure in generalised or summary form, such information may be disregarded
unless it can be satisfactorily demonstrated from appropriate sources that the
information is correct. Requests for confidentiality shall not be arbitrarily
rejected.
4. This Article shall not preclude the
disclosure of general information by the Ö Union Õ authorities,
and in particular of the reasons on which decisions taken pursuant to this
Regulation are based, or disclosure of the evidence relied on by the Ö Union Õ authorities in
so far as is necessary to explain those reasons in court proceedings. Such
disclosure must take into account the legitimate interests of the parties
concerned that their business secrets should not be divulged.
ê 37/2014
Art. 1 and Annex .22(12)
5. The Commission and Member States,
including the officials of either, shall not reveal any information received
pursuant to this Regulation for which confidential treatment has been requested
by its supplier, without specific permission from that supplier. Exchanges of
information between the Commission and Member States, or any internal documents
prepared by the authorities of the Union or the Member States, shall not be
divulged except as specifically provided for in this Regulation.
ê 1225/2009
(adapted)
6. Information received pursuant to this
Regulation shall be used only for the purpose for which it was requested.
This provision shall not preclude the use
of information received in the context of one investigation for the purpose of
initiating other investigations within the same proceedings in relation to the
product concerned.
Article 20
Disclosure
1. The complainants, importers and
exporters and their representative associations, and representatives of the
exporting country, may request disclosure of the details underlying the
essential facts and considerations on the basis of which provisional measures
have been imposed. Requests for such disclosure shall be made in writing
immediately following the imposition of provisional measures, and the
disclosure shall be made in writing as soon as possible thereafter.
2. The parties mentioned in
paragraph 1 may request final disclosure of the essential facts and
considerations on the basis of which it is intended to recommend the imposition
of definitive measures, or the termination of an investigation or proceedings
without the imposition of measures, particular attention being paid to the
disclosure of any facts or considerations which are different from those used
for any provisional measures.
3. Requests for final disclosure, as
defined in paragraph 2, shall be addressed to the Commission in writing
and be received, in cases where a provisional duty has been Ö imposed Õ, no later than
one month after publication of the imposition of that duty. Where a provisional
duty has not been Ö imposed Õ, parties shall
be provided with an opportunity to request final disclosure within time limits
set by the Commission.
ê 37/2014
Art. 1 and Annex .22(13)
4. Final disclosure shall be given in
writing. It shall be made, due regard being had to the protection of
confidential information, as soon as possible and, normally, no later than one
month prior to the initiation of the procedures set out in Article 9. Where the
Commission is not in a position to disclose certain facts or considerations at
that time, they shall be disclosed as soon as possible thereafter.
Disclosure shall not prejudice any subsequent
decision which may be taken by the Commission, but where such a decision is
based on any different facts and considerations they shall be disclosed as soon
as possible.
5. Representations made after final
disclosure is given shall be taken into consideration only if received within a
period to be set by the Commission in each case, which shall be at least
ten days, due consideration being given to the urgency of the matter. A
shorter period may be set whenever an additional final disclosure has to be
made.
ê 1225/2009
(adapted)
Article 21
 Ö Union Õ interest
1. A determination as to whether the Ö Union’s Õ interest calls
for intervention shall be based on an appreciation of all the various interests
taken as a whole, including the interests of the domestic industry and users
and consumers. A determination pursuant to this Article shall only be made
where all parties have been given the opportunity to make their views known
pursuant to paragraph 2. In such an examination, the need to eliminate the
trade distorting effects of injurious dumping and to restore effective
competition shall be given special consideration. Measures, as determined on
the basis of the dumping and injury found, may not be applied where the
authorities, on the basis of all the information submitted, can clearly
conclude that it is not in the Ö Union’s Õ interest to
apply such measures.
2. In order to provide a sound basis on
which the authorities can take account of all views and information in the
decision as to whether or not the imposition of measures is in the Ö Union’s Õ interest, the
complainants, importers and their representative associations, representative
users and representative consumer organisations may, within the time limits
specified in the notice of initiation of the anti-dumping investigation, make
themselves known and provide information to the Commission. Such information,
or appropriate summaries thereof, shall be made available to the other parties
specified in this Article, and they shall be entitled to respond to such
information.
3. The parties which have acted in Ö accordance Õ with
paragraph 2 may request a hearing. Such requests shall be granted
when they are submitted within the time limits set in paragraph 2, and
when they set out the reasons, in terms of the Ö Union’s Õ interest, why
the parties should be heard.
ê 37/2014
Art. 1 and Annex .22(14) (adapted)
4. The parties which have acted in Ö accordance Õ with paragraph
2 may provide comments on the application of any provisional duties. Such
comments shall be received within 25 days of the date of application of such
measures if they are to be taken into account and they, or appropriate
summaries thereof, shall be made available to other parties who shall be
entitled to respond to such comments.
5. The Commission shall examine the information
which is properly submitted and the extent to which it is representative, and
the results of such analysis, together with an opinion on its merits, shall be
transmitted to the committee as part of the draft measure submitted pursuant to
Article 9. The views expressed in the committee should be taken into account by
the Commission under the conditions provided for in Regulation (EU)
No 182/2011.
6. The parties which have acted in
conformity with paragraph 2 may request Ö that Õ the facts and
considerations on which final decisions are likely to be taken be made
available to them. Such information shall be made available to the extent
possible and without prejudice to any subsequent decision taken by the
Commission.
ê 1225/2009
(adapted)
7. Information shall only be taken into
account where it is supported by actual evidence which substantiates its
validity.
Article 22
Final provisions
This Regulation shall not preclude the
application of:
(a)          any special rules laid down in
agreements concluded between the Ö Union Õ and third
countries;
(b)          the Ö Union Õ Regulations in
the agricultural sector and Council Regulations (EC) No 1667/2006[12], (EC) No 614/2009[13] and (EC) No 1216/2009[14]. This Regulation shall
operate by way of complement to those Regulations and in derogation from any
provisions thereof which preclude the application of anti-dumping duties;
(c)          special measures, provided that
such action does not run counter to obligations Ö under Õ the Ö General
Agreement on Tariffs and Trade 1994 Õ.
ê 37/2014
Art. 1 and Annex .22(15)
Article 23
Report
1. The Commission shall, with due regard to
the protection of confidential information within the meaning of Article 19,
present an annual report on the application and implementation of this
Regulation to the European Parliament and to the Council. The report shall
include information about the application of provisional and definitive
measures, the termination of investigations without measures, reinvestigations,
reviews and verification visits, and the activities of the various bodies
responsible for monitoring the implementation of this Regulation and fulfilment
of the obligations arising therefrom.
2. The European Parliament may, within one
month from the Commission presenting the report, invite the Commission to an ad hoc
meeting of its responsible committee to present and explain any issues related
to the implementation of this Regulation.
3. No later than six months after
presenting the report to the European Parliament and to the Council, the
Commission shall make the report public.
ê 1225/2009
(adapted)
Article  24
Repeal
Regulation (EC) No  Ö 1225/2009 Õ 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.
Article  25
Entry into force
This Regulation shall enter into force on
the twentieth day following Ö that
of Õ 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 Brussels,
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 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).
[7]               See Annex I.
[8]               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).
[9]               Commission Regulation (EEC)
No 2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (OJ L 253, 11.10.1993, p. 1).
[10]             è1 Including Albania, Armenia, Azerbaijan, Belarus, Georgia,
Kyrgyzstan, Moldova, Mongolia, North Korea, Tajikistan, Turkmenistan and
Uzbekistan. ç
[11]             Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the Community Customs Code
(OJ L 302, 19.10.1992, p. 1).
[12]             Council Regulation (EC)
No 1667/2006 of 7 November 2006 on glucose and lactose (OJ L 312,
11.11.2006, p. 1).
[13]             Council Regulation (EC) No
614/2009 of 7 July 2009 on the common system of trade for ovalbumin and
lactalbumin (OJ L 181, 14.7.2009, p. 8).
[14]             Council Regulation (EC) No
1216/2009 of 30 November 2009 laying down the trade arrangements applicable to
certain goods resulting from the processing of agricultural products (OJ L 328,
15.12.2009, p. 10).
é 
ANNEX I
Repealed Regulation with list of
its successive amendments
 Council Regulation (EC) No 1225/2009 (OJ L 343, 22.12.2009, p. 51) ||   || 
 || Regulation (EU) No 765/2012 of the European Parliament and of the Council (OJ L 237, 3.9.2012, p. 1) ||   
 || Regulation (EU) No 1168/2012 of the European Parliament and of the Council (OJ L 344, 14.12.2012, p. 1) ||   
 || Regulation (EU) No 37/2014 of the European Parliament and of the Council (OJ L 18, 21.1.2014, p. 1) || Only point 22 of the Annex 
_____________
ANNEX II
Correlation Table
 Regulation (EC) No 1225/2009 || This Regulation 
 Articles 1 to 4 || Articles 1 to 4 
 Article 5(1) to (9) || Article 5(1) to (9) 
 Article 5(10), first sentence || Article 5(10), first subparagraph 
 Article 5(10), second and third sentence || Article 5(10), second subparagraph 
 Article 5(11) and (12) || Article 5(11) and (12) 
 Article 6(1), first and second sentence || Article 6(1), first subparagraph 
 Article 6(1), third sentence || Article 6(1), second subparagraph 
 Article 6(1), fourth sentence || Article 6(1), third subparagraph 
 Article 6(2) || Article 6(2) 
 Article 6(3), first sentence || Article 6(3), first subparagraph 
 Article 6(3), second sentence || Article 6(3), second subparagraph 
 Article 6(3), third sentence || Article 6(3), third subparagraph 
 Article 6(4), first sentence || Article 6(4), first subparagraph 
 Article 6(4), second sentence || Article 6(4), second subparagraph 
 Article 6(4), third sentence || Article 6(4), third subparagraph 
 Article 6(5) || Article 6(5) 
 Article 6(6), first sentence || Article 6(6), first subparagraph 
 Article 6(6), second sentence || Article 6(6), second subparagraph 
 Article 6(6), third sentence || Article 6(6), third subparagraph 
 Article 6(6), fourth sentence || Article 6(6), fourth subparagraph 
 Article 6(7), first sentence || Article 6(7), first subparagraph 
 Article 6(7), second sentence || Article 6(7), second subparagraph 
 Article 6(8) and (9) || Article 6(8) and (9) 
 Article 7(1), first sentence || Article 7(1), first subparagraph 
 Article 7(1), second sentence || Article 7(1), second subparagraph 
 Article 7(2) to (5) || Article 7(2) to (5) 
 Article 7(7) || Article 7(6) 
 Article 8(1), first sentence || Article 8(1), first subparagraph 
 Article 8(1), second sentence || Article 8(1), second subparagraph 
 Article 8(1), third sentence || Article 8(1), third subparagraph 
 Article 8(2), first and second sentence || Article 8(2), first subparagraph 
 Article 8(2), third and fourth sentence || Article 8(2), second subparagraph 
 Article 8(2), fifth sentence || Article 8(2), third subparagraph 
 Article 8(3), (4) and (5) || Article 8(3), (4) and (5) 
 Article 8(6), first and second sentence || Article 8(6), first subparagraph 
 Article 8(6), third sentence || Article 8(6), second subparagraph 
 Article 8(7) and (8) || Article 8(7) and (8) 
 Article 8(9), first subparagraph || Article 8(9), first subparagraph 
 Article 8(9), second subparagraph, first and second sentence || Article 8(9), second subparagraph 
 Article 8(9), second subparagraph, third sentence || Article 8(9), third subparagraph 
 Article 8(10) || Article 8(10) 
 Article 9(1), (2) and (3) || Article 9(1), (2) and (3) 
 Article 9(4), first sentence || Article 9(4), first subparagraph 
 Article 9(4), second sentence || Article 9(4), second subparagraph 
 Article 9(5) || Article 9(5) 
 Article 9(6), first sentence || Article 9(6), first subparagraph 
 Article 9(6), second sentence || Article 9(6), second subparagraph 
 Article 9(6), third sentence || Article 9(6), third subparagraph 
 Article 10(1) || Article 10(1) 
 Article 10(2), first sentence || Article 10(2), first subparagraph 
 Article 10(2), second and third sentence || Article 10(2), second subparagraph 
 Article 10(3) || Article 10(3) 
 Article 10(4), introductory wording || Article 10(4), introductory wording and points (a) and (b) 
 Article 10(4)(a) || Article 10(4)(c) 
 Article 10(4)(b) || Article 10(4)(d) 
 Article 10(5) || Article 10(5) 
 Article 11(1) to (4) || Article 11(1) to (4) 
 Article 11(5), first subparagraph, first sentence || Article 11(5), first subparagraph 
 Article 11(5), first subparagraph, second sentence || Article 11(5), second subparagraph 
 Article 11(5), first subparagraph, third sentence || Article 11(5), third subparagraph 
 Article 11(5), first subparagraph, fourth sentence || Article 11(5), fourth subparagraph 
 Article 11(5), second subparagraph || Article 11(5), fifth subparagraph 
 Article 11(5), third subparagraph || Article 11(5), sixth subparagraph 
 Article 11(6), first, second and third sentence || Article 11(6), first subparagraph 
 Article 11(6), fourth sentence || Article 11(6), second subparagraph 
 Article 11(6), fifth sentence || Article 11(6), third subparagraph 
 Article 11(7) || Article 11(7) 
 Article 11(8), first, second and third subparagraph || Article 11(8), first, second and third subparagraph 
 Article 11(8), fourth subparagraph, first and second sentence || Article 11(8), fourth subparagraph 
 Article 11(8), fourth subparagraph, third sentence || Article 11(8), fifth subparagraph 
 Article 11(8), fourth subparagraph, fourth sentence || Article 11(8), sixth subparagraph 
 Article 11(9) and (10) || Article 11(9) and (10) 
 Article 12 || Article 12 
 Article 13(1), first subparagraph, first sentence || Article 13(1), first subparagraph 
 Article 13(1), first subparagraph, second sentence || Article 13(1), second subparagraph 
 Article 13(1), first subparagraph, third sentence || Article 13(1), third subparagraph 
 Article 13(1), second subparagraph || Article 13(1), fourth subparagraph 
 Article 13(2) and (3) || Article 13(2) and (3) 
 Article 13(4), first subparagraph, first sentence || Article 13(4), first subparagraph 
 Article 13(4), first subparagraph, second sentence || Article 13(4), second subparagraph 
 Article 13(4), first subparagraph, third sentence || Article 13(4), third subparagraph 
 Article 13(4), first subparagraph, fourth sentence || Article 13(4), fourth subparagraph 
 Article 13(4), second subparagraph || Article 13(4), fifth subparagraph 
 Article 13(4), third subparagraph || Article 13(4), sixth subparagraph 
 Article 13(4), fourth subparagraph || Article 13(4), seventh subparagraph 
 Article 13(5) || Article 13(5) 
 Article 14(1), first and second sentence || Article 14(1), first subparagraph 
 Article 14(1), third sentence || Article 14(1), second subparagraph 
 Article 14(2), first sentence || Article 14(2), first subparagraph 
 Article 14(2), second, third and fourth sentence || Article 14(2), second subparagraph 
 Article 14(3) || Article 14(3) 
 Article 14(4), first and second sentence || Article 14(4), first subparagraph 
 Article 14(4), third and fourth sentence || Article 14(4), second subparagraph 
 Article 14(5), (6) and (7) || Article 14(5), (6) and (7) 
 Articles 15 and 16 || Articles 15 and 16 
 Article 17(1), (2) and (3) || Article 17(1), (2) and (3) 
 Article 17(4), first sentence || Article 17(4), first subparagraph 
 Article 17(4), second sentence || Article 17(4), second subparagraph 
 Article 18(1), first sentence || Article 18(1), first subparagraph 
 Article 18(1), second sentence || Article 18(1), second subparagraph 
 Article 18(1), third sentence || Article 18(1), third subparagraph 
 Article 18(2) to (6) || Article 18(2) to (6) 
 Article 19(1) to (5) || Article 19(1) to (5) 
 Article 19(6), first sentence || Article 19(6), first subparagraph 
 Article 19(6), second sentence || Article 19(6), second subparagraph 
 Article 20(1), (2) and (3) || Article 20(1), (2) and (3) 
 Article 20(4), first, second and third sentence || Article 20(4), first subparagraph 
 Article 20(4), fourth sentence || Article 20(4), second subparagraph 
 Article 20(5) || Article 20(5) 
 Articles 21 and 22 || Articles 21 and 22 
 Article 22a || Article 23 
 Article 23 || Article 24 
 Article 24 || Article 25 
 Annex I || - 
 Annex II || - 
 - || Annex I 
 - || Annex II 
_____________