Explanatory Memorandum to COM(2010)222 - Definitive anti-dumping duty on imports of sodium cyclamate from China and Indonesia following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009, - Main contents
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| dossier | COM(2010)222 - Definitive anti-dumping duty on imports of sodium cyclamate from China and Indonesia following an expiry review pursuant to ... |
|---|---|
| source | COM(2010)222  |
| date | 06-05-2010 |
Grounds for and objectives of the proposal This proposal concerns the application of Council Regulation (EC) No 1225/2009 i of 30 November 2009 on protection against dumped imports from countries not members of the European Community, ('the basic Regulation') in the proceeding concerning imports of sodium cyclamate originating in the People's Republic of China and Indonesia.
General context This proposal is made in the context of the implementation of the basic Regulation and is the result of an investigation which was carried out in line with the substantive and procedural requirements laid out in the basic Regulation.
Existing provisions in the area of the proposal Council Regulation (EC) No 435/2004 of 8 March 2004 imposing a definitive anti-dumping duties and collecting definitively the provisional duty imposed on imports of sodium cyclamate originating in the People's Republic of China and Indonesia.
Consistency with other policies and objectives of the Union Not applicable.
Contents
Consultation of interested parties
Interested parties concerned by the proceedings have had the possibility to defend their interests during the investigation in line with the provisions of the basic Regulation.
Collection and use of expertise
There was no need for external expertise.
Impact assessment This proposal is the result of the implementation of the basic Regulation. The basic Regulation does not foresee a general impact assessment but contains an exhaustive list of conditions that have to be assessed.
Summary of the proposed action The request for the expiry review was lodged on 11 December 2008 by 'Productos Aditivos S.A.', the sole producer in the EU representing 100 % of the Union production of the product concerned. Having determined that sufficient evidence existed for the initiation of the expiry reviews, the Commission initiated the case on 10 March 2009 i. The investigation showed that there is a likelihood of continuation or recurrence of dumping and injury and it is therefore proposed to impose anti-dumping measures for a further period of five years. It is proposed that the Council adopts the attached proposal for a Regulation, which should be published in the Official Journal of the European Union at the earliest convenience.
Legal basis Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community, and in particular article 9 i and 11 i thereof.
Subsidiarity principle The proposal falls under the exclusive competence of the Union. The subsidiarity principle therefore does not apply.
Proportionality principle The proposal complies with the proportionality principle for the following reasons:
The form of action is described in the basic Regulation and leaves no scope for national decision.
An indication of how financial and administrative burden falling upon the Union, national governments, regional and local authorities, economic operators and citizens is minimized and proportionate to the objective of the proposal is not applicable.
Choice of instruments
Proposed instruments: Council Regulation.
Other means would not be adequate because the basic Regulation does not foresee alternative options.
The proposal has no implication for the Union budget.