Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union (codification)

What it is

The Committee on Legal Affairs adopted the report by Heidi HAUTALA (Greens/EFA, FI) on the 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 (codified text). The committee recommended the European Parliament to adopt its position at first reading taking over the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission. According to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance. The proposed regulation aims to transpose into EU law the anti-dumping rules contained in the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. It 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. PURPOSE: to codify Council Regulation (EC) n°1225/2009 on protection against dumped imports from countries not members of the European Community. LEGISLATIVE ACT: Regulation (EU) 2016/1036 of the European Parliament and of the Council on protection against dumped imports from countries not members of the European Union (codification). CONTENT: in the interests of clarity and rationality, the Regulation codifies Council Regulation (EC) n° 1225/2009 , which has been substantially amended several times. The Regulation transposes into EU law the rules contained in the 1994 Anti-Dumping Agreement, annexed to the Agreement establishing the World Trade Organisation. These rules relate 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. The Regulations sets out the principle that an anti-dumping duty may be imposed on any dumped product whose release for free circulation in the Union causes injury. A product is to be considered as being dumped if its export price to the Union is less than a comparable price for a like product, in the ordinary course of trade, as established for the exporting country. sets out clear and detailed rules on the calculation of the normal value for the purposes of determining dumping. In particular, such value should in all cases be based on representative sales in the ordinary course of trade in the exporting country; sets out the factors which may affect prices and price comparability and to set out specific rules as to…

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