Explanatory Memorandum to COM(2012)41 - Amendment of Council Regulation 1225/2009 on protection against dumped imports from countries not members of the EC - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)41 - Amendment of Council Regulation 1225/2009 on protection against dumped imports from countries not members of the EC. |
|---|---|
| source | COM(2012)41  |
| date | 07-02-2012 |
On 28 July 2011, the Dispute Settlement Body of the World Trade Organisation ('DSB') adopted the Appellate Body Report and the Panel Report as modified by the Appellate Body Report in the case ‘European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China'[1] (‘Reports’).
In the Reports, it was found, inter alia, that Article 9(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community ('the Basic Anti-Dumping Regulation')[2] was inconsistent with Articles 6.10, 9.2 and 18.4 of the WTO Anti-Dumping Agreement and Article XVI:4 of the WTO Agreement. Article 9(5) of the Basic Anti-Dumping Regulation provides that individual exporting producers in non-market economy countries which do not receive market economy treatment pursuant to Article 2(7)(c) of the Basic Anti-Dumping Regulation will be subject to a countrywide duty rate unless such exporters can demonstrate that they meet the conditions for individual treatment laid out in Article 9(5) of the Basic Anti-Dumping Regulation ('the DSB finding on Article 9(5) of the Basic Anti-Dumping Regulation').
On 18 August 2011 the European Union notified the DSB that it intends to implement the recommendations and rulings of the DSB in this dispute in a manner that respects its WTO obligations.
On 19 January 2012 the European Union and China agreed that the reasonable period of time for implementing the DSB recommendations and rulings would be 14 months and two weeks from the date the DSB adopted the Reports. The reasonable period of time will therefore expire on 12 October 2012.
The purpose of this legislative proposal is to implement the DSB recommendations and rulings on Article 9(5) of the Basic Anti-Dumping Regulation.
Contents
Not applicable.
· Legal basis
The legal basis for this proposal is Article 207(2) of the Treaty on the Functioning of the European Union, in accordance to which the European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, shall adopt the measures defining the framework for implementing the common commercial policy.
This proposal amends Council Regulation (EC) No 1225/2009 the Basic Anti-Dumping Regulation, which was based on the equivalent provision of the Treaty establishing the European Community, i.e. Article 133.
· Subsidiarity Principle
Pursuant to Article 3(1)(e) of the Treaty on the Functioning of the European Union, the proposal falls under exclusive competence of the Union. The subsidiarity principle therefore does not apply.
· Proportionality Principle
The proposal complies with the proportionality principle.
· Choice of instruments
Proposed instrument: Regulation of the European Parliament and of the Council.
Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.
Not applicable.
5. OPTIONAL ELEMENTS
Not applicable.