Regulation 2015/477 - Measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures (codification) - Main contents
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official title
Regulation (EU) 2015/477 of the European Parliament and of the Council of 11 March 2015 on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures (codification)| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2015/477 |
| Original proposal | COM(2014)318  |
| CELEX number i | 32015R0477 |
| Document | 11-03-2015 |
|---|---|
| Publication in Official Journal | 27-03-2015; OJ L 83 p. 11-15 |
| Effect | 16-04-2015; Entry into force Date pub. +20 See Art 5 |
| End of validity | 31-12-9999 |
27.3.2015 |
EN |
Official Journal of the European Union |
L 83/11 |
REGULATION (EU) 2015/477 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 March 2015
on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures
(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,
After consulting the European Economic and Social Committee,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Council Regulation (EC) No 452/2003 (2) has been substantially amended (3). In the interests of clarity and rationality, that Regulation should be codified. |
(2) |
By Council Regulation (EC) No 1225/2009 (4), common rules were laid down for protection against dumped imports from countries which are not members of the Union. |
(3) |
By Council Regulation (EC) No 597/2009 (5), common rules were laid down for protection against subsidised imports from countries which are not members of the Union. |
(4) |
By Council Regulation (EC) No 260/2009 (6) and Council Regulation (EC) No 625/2009 (7), common rules were laid down for the adoption of safeguard measures against imports from certain countries which are not members of the Union. Safeguard measures may take the form of tariff measures applicable either to all imports or to those imports in excess of a pre-determined quantity. Such safeguard measures imply that the goods are eligible to enter the Union market upon payment of the relevant duties. |
(5) |
The importation of certain goods may be subject to both anti-dumping or anti-subsidy measures on the one hand and safeguard tariff measures on the other. The objectives of the former are to remedy market distortions created by unfair trading practices, whilst the objectives of the latter are to grant relief against greatly increased imports. |
(6) |
However, the combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on one and the same product could have an effect greater than that intended or desirable in terms of the Union's trade defence policy and objectives. In particular, such a combination of measures could place an undesirably onerous burden on certain exporting producers seeking to export to the Union, which may have the effect of denying them access to the Union market. |
(7) |
Consequently, exporting producers seeking to export to the Union should not be subject to undesirably onerous burdens and should continue to have access to the Union market. |
(8) |
It is therefore desirable to ensure that the objectives of the safeguard tariff measures and anti-dumping and/or anti-subsidy measures can be met without denying those exporting producers access to the Union market. Therefore, specific provisions should be laid down to enable the Commission, where it considers it appropriate, to take action with a view to ensuring that a combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on the same product does not have such an effect. |
(9) |
While it may be foreseeable that both the safeguard duty and the anti-dumping or anti-subsidy measures may become simultaneously applicable to the same product, it is not always possible to determine in advance at which precise point in time this may occur. Therefore, the Commission should be in a position to provide for such a situation in a manner ensuring sufficient predictability and legal certainty for all operators... |
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