Delegated regulation 2020/1173 - Amendment of Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the EU and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the EU as regards the duration of the period of pre-disclosure - Main contents
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official title
Commission Delegated Regulation (EU) 2020/1173 of 4 June 2020 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union as regards the duration of the period of pre-disclosure| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2020/1173 |
| Regdoc number | C(2020)3338 |
| CELEX number i | 32020R1173 |
| Document | 04-06-2020; Date of adoption |
|---|---|
| Publication in Official Journal | 10-08-2020; OJ L 259 p. 1-4 |
| Effect | 11-08-2020; Entry into force Date pub. +1 See Art 3 |
| End of validity | 31-12-9999 |
10.8.2020 |
EN |
Official Journal of the European Union |
L 259/1 |
COMMISSION DELEGATED REGULATION (EU) 2020/1173
of 4 June 2020
amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union as regards the duration of the period of pre-disclosure
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 290(1) thereof,
Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), and in particular Articles 7(1) and 23a thereof,
Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), and in particular Articles 12(1) and 32b thereof,
Whereas:
(1) |
On 7 June 2018, Regulation (EU) 2018/825 of the European Parliament and the Council (3) was published, amending Regulation (EU) 2016/1036 (hereafter ‘the basic anti-dumping Regulation’) and Regulation (EU) 2016/1037 (hereafter ‘the basic anti-subsidy Regulation’). |
(2) |
In order to improve the transparency and predictability of anti-dumping and countervailing duty investigations, parties which will be affected by the imposition of provisional anti-dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. In addition, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-imposition. Therefore, a pre-disclosure period of three weeks was introduced. |
(3) |
According to Article 7(1) of the basic anti-dumping Regulation and Article 12(1) of the basic anti-subsidy Regulation, the Commission had to review by 9 June 2020, whether a substantial rise in imports occurred during the period of pre-disclosure and whether, if such rise did occur, that that rise caused additional injury to the Union industry, despite possible registration or adjustment to the injury margin. |
(4) |
Based on this review, the Commission is required to amend the duration of the period of pre-disclosure to two weeks in the case of a substantial rise of imports which caused additional injury and to four weeks where that did not prove to be the case. |
(5) |
As set out in Articles 7(1) and 23a(2) of the basic anti-dumping Regulation and Article 12(1) and 32b(2) of the basic anti-subsidy Regulation, this review is an obligation for the Commission that could only be exercised once. |
(6) |
Since the entry into force of Regulation (EU) 2018/825 on 8 June 2018, the Commission initiated 19 investigations (4) according to Article 5 of the basic anti-dumping Regulation and six investigations according to Article 10 of the basic anti-subsidy Regulation. |
(7) |
For twelve of these investigations, they both passed the provisional stage and there are also import data available for the pre-disclosure period. They could therefore be analysed to review whether a substantial rise in imports occurred during the period of pre-disclosure (5). |
(8) |
The number of cases at the Commission’s disposal to base its assessment on whether a substantial rise in imports has occurred during the period of pre-disclosure, is therefore, and as expected at the time when Regulation (EU) 2018/825 was agreed, limited. However, a clear trend can be seen in those cases. |
(9) |
In six of these twelve investigations, the Commission decided to impose... |
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