Regulation 2018/196 - Additional customs duties on imports of certain products from the USA (codification) - Main contents
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Regulation (EU) 2018/196 of the European Parliament and of the Council of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America (codification)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2018/196 |
| Original proposal | COM(2014)343  |
| CELEX number i | 32018R0196 |
| Document | 07-02-2018; Date of signature |
|---|---|
| Publication in Official Journal | 16-02-2018; OJ L 44 p. 1-8 |
| Signature | 07-02-2018 |
| Effect | 08-03-2018; Entry into force Date pub. +20 See Art 9 |
| Deadline | 19-05-2018; At the latest See Art 4.2 19-02-2019; See Art 4.2 |
| End of validity | 31-12-9999 |
16.2.2018 |
EN |
Official Journal of the European Union |
L 44/1 |
REGULATION (EU) 2018/196 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 7 February 2018
on additional customs duties on imports of certain products originating in the United States of America
(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,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Council Regulation (EC) No 673/2005 (2) has been substantially amended several times (3). In the interests of clarity and rationality, that Regulation should be codified. |
(2) |
On 27 January 2003, the Dispute Settlement Body (‘DSB’) of the World Trade Organization (‘WTO’) adopted the Appellate Body report (4) and the Panel report (5), as upheld by the Appellate Body report, finding that the Continued Dumping and Subsidy Offset Act (‘CDSOA’) was incompatible with the United States' obligations under the WTO agreements. |
(3) |
Since the United States failed to bring its legislation into conformity with the covered agreements, the European Community (‘Community’) requested authorisation from the DSB to suspend the application of its tariff concessions and related obligations under the General Agreement on Tariffs and Trade (‘GATT’) 1994 to the United States (6). The United States objected to the level of suspension of tariff concessions and related obligations, and the matter was referred to arbitration. |
(4) |
On 31 August 2004, the Arbitrator determined that the level of nullification or impairment caused every year to the Community was equal to 72 % of the amount of CDSOA disbursements relating to anti-dumping or countervailing duties paid on imports from the Community for the most recent year for which data were available at that time, as published by the United States' authorities. The Arbitrator concluded that the suspension by the Community of concessions or other obligations, in the form of the imposition of an additional import duty above bound custom duties, on a list of products originating in the United States covering, on a yearly basis, a total value of trade not exceeding the amount of nullification or impairment would be consistent with WTO rules. On 26 November 2004, the DSB granted the authorisation to suspend the application to the United States of tariff concessions and related obligations under GATT 1994 in accordance with the decision of the Arbitrator. |
(5) |
The CDSOA disbursements for the most recent year for which data were available at that time relate to the distribution of anti-dumping and countervailing duties collected during the Fiscal Year 2004 (1 October 2003 to 30 September 2004). On the basis of the data published by the United States' Customs and Border Protection, the level of nullification or impairment caused to the Community was calculated at USD 27,81 million. The Community was, therefore, authorised to suspend the application of its tariff concessions to the United States at an equivalent amount. The effect of a 15 % ad valorem additional import duty on imports of the products listed in Annex I originating in the United States represented, over one year, a value of trade that did not exceed USD 27,81 million. In respect of those products, the Community suspended the application of its tariff concessions to the United States as from 1 May 2005. |
(6) |
If the non-implementation of the DSB ruling and recommendation persists, the Commission should adjust annually the level of suspension to the level of nullification or impairment caused by the CDSOA to the European... |
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