Regulation (EU) 2015/476 of the European Parliament and of the Council of 11 March 2015 on the measures that the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters

27.3.2015 EN Official Journal of the European Union L 83/6
REGULATION (EU) 2015/476 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on the measures that the Union may take following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters
(codification)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) Council Regulation (EC) No 1515/2001 (3) has been substantially amended (4). In the interests of clarity and rationality, that Regulation should be codified.
(2) By Council Regulation (EC) No 1225/2009 (5), common rules were laid down for protection against dumped imports from countries which are not members of the European Union.
(3) By Council Regulation (EC) No 597/2009 (6), common rules were laid down for protection against subsidised imports from countries which are not members of the European Union.
(4) Under the Marrakesh Agreement establishing the World Trade Organisation (‘WTO’), an Understanding on Rules and Procedures Governing the Settlement of Disputes (‘DSU’) was reached. Pursuant to the DSU, the Dispute Settlement Body (‘DSB’) was established.
(5) With a view to permitting the Union, where it considers this appropriate, to bring a measure taken under Regulation (EC) No 1225/2009 or Regulation (EC) No 597/2009 into conformity with the recommendations and rulings contained in a report adopted by the DSB, specific provisions should be laid down.
(6) The Commission may consider it appropriate to repeal, amend or adopt any other special measures with respect to measures taken under Regulation (EC) No 1225/2009 or Regulation (EC) No 597/2009, including measures which have not been the subject of dispute settlement under the DSU, in order to take account of the legal interpretations made in a report adopted by the DSB. In addition, the Commission should be able, where appropriate, to suspend or review such measures.
(7) Recourse to the DSU is not subject to time limits. The recommendations in reports adopted by the DSB only have prospective effect. Consequently, it is appropriate to specify that any measures taken under this Regulation will take effect from the date of their entry into force, unless otherwise specified, and, therefore, do not provide any basis for the reimbursement of the duties collected prior to that date.
(8) The implementation of this Regulation requires uniform conditions for adopting measures following a report adopted by the DSB concerning anti-dumping and anti-subsidy matters. Those measures should be adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (7).
(9) The advisory procedure should be used for the suspension of measures for a limited period of time given the effects of such measures,