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2012/0145(COD) Protection against dumped imports from countries not members of the European Community: investigations

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA MOREIRA Vital (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
TFEU 207

Events

2012/12/14
   Final act published in Official Journal
Details

PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

LEGISLATIVE ACT: Regulation (EU) No 1168/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

CONTENT: the Council adopted an amending regulation on protection against dumped imports from countries not members of the European Community following an agreement at first reading with the European Parliament.

To recall, in Case C-249/10 P Brosmann and others v. Council (Judgment of 2 February 2012), the Court of Justice of the European Union ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community may not be applied for the purposes of the determination of claims of market economy treatment to be made under that Regulation.

The ruling by the Court of Justice of the European Union on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union.

Therefore, taking into account the Court’s ruling and for reasons of legal certainty, Regulation (EC) No 1225/2009 has been amended as follows:

introducing a provision clarifying that the decision to limit the investigation to a reasonable number of parties by using samples on the basis of Article 17 of Regulation (EC) No 1225/2009 also applies to the parties subject to an examination in accordance with subparagraphs (b) and (c) of Article 2(7) of that Regulation. Consequently, it is also appropriate to clarify that a determination under subparagraph (c) of Article 2(7) of that Regulation should not be made for exporting producers that are not part of the sample, unless such producers request and obtain individual examination in accordance with Article 17(3) thereof; clarifying that the anti-dumping duty to be applied to imports from exporters or producers which have made themselves known in accordance with Article 17 of Regulation (EC) No 1225/2009 but were not included in the examination is not to exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Article 2(1) to (6) or subparagraph (a) of Article 2(7) of that Regulation.

Lastly, the Regulation extends from three to seven months the time limit for the Commission to decide on the applications for market economy treatment.

ENTRY INTO FORCE: 15/12/2012. This Regulation shall apply to all new and to all pending investigations from this date.

Documents
Regulation 2012/1168
OJ L 344 14.12.2012, p. 0001
2012/12/12
   CSL - Draft final act
Documents
00060/2012/LEX
2012/12/12
   CSL - Final act signed
2012/12/12
   EP - End of procedure in Parliament
2012/12/06
   PT_PARLIAMENT - Contribution
Documents
COM(2012)0270
2012/12/06
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2012/12/06
   CSL - Council Meeting
2012/11/15
   EC - Commission response to text adopted in plenary
Documents
SP(2012)767
2012/10/25
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2012/10/25
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 652 votes to 13 with 11 abstentions a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

Parliament adopted its position on first reading following the ordinary legislative procedure. The amendment adopted in plenary is the result of an agreement negotiated between Parliament and Council. The main amendment is as follows:

Determination of dumping: with regard to certain provisions, a determination whether the producer meets the relevant criteria shall be made within normally seven months but not later than within eight months of the initiation of the investigation (rather than within three months of the initiation of the investigation).

Documents
T7-0397/2012
2012/07/18
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

The parliamentary committee recommends that the European Parliament adopts its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.

Documents
A7-0243/2012
2012/07/12
   EP - Vote in committee, 1st reading
2012/06/26
   EP - Committee draft report
Documents
PE492.647
2012/06/20
   EP - MOREIRA Vital (S&D) appointed as rapporteur in INTA
2012/06/14
   EP - Committee referral announced in Parliament, 1st reading
2012/06/08
   EC - Legislative proposal
Details

PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in Case C-249/10 P - Brosmann and others v. Council (Judgement of 2 February 2012), the European Court of Justice ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community 4 may not be applied for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation.

The ruling by the European Court of Justice on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, it is appropriate to amend Regulation (EC) No 1225/2009.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: in the light of the Court’s judgement, the Commission proposes to amend Regulation (EC) No 1225/2009, in particular with regard to the time limit of three months for the Commission to decide on the applications for market economy treatment.

In addition, for reasons of legal certainty, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of producers by using samples on the basis of Article 17 of Council Regulation (EC) No 1225/2009 also applies to the parties subject to a market economy treatment examination, in accordance with Article 2(7)(b) and (c).

Lastly, the proposal clarifies that the anti-dumping duty to be applied to imports from producers, which have made themselves known in accordance with Article 17 but were not included in the examination , shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Articles 2(1) to 2(6) or Article 2(7)(a).

BUDGETARY IMPLICATION: this proposal does not have any implications for the EU budget.

Documents
COM(2012)0270
EUR-Lex
2012/06/08
   EC - Legislative proposal published
Details

PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in Case C-249/10 P - Brosmann and others v. Council (Judgement of 2 February 2012), the European Court of Justice ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community 4 may not be applied for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation.

The ruling by the European Court of Justice on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, it is appropriate to amend Regulation (EC) No 1225/2009.

IMPACT ASSESSMENT: no impact assessment was carried out.

LEGAL BASIS: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: in the light of the Court’s judgement, the Commission proposes to amend Regulation (EC) No 1225/2009, in particular with regard to the time limit of three months for the Commission to decide on the applications for market economy treatment.

In addition, for reasons of legal certainty, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of producers by using samples on the basis of Article 17 of Council Regulation (EC) No 1225/2009 also applies to the parties subject to a market economy treatment examination, in accordance with Article 2(7)(b) and (c).

Lastly, the proposal clarifies that the anti-dumping duty to be applied to imports from producers, which have made themselves known in accordance with Article 17 but were not included in the examination , shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Articles 2(1) to 2(6) or Article 2(7)(a).

BUDGETARY IMPLICATION: this proposal does not have any implications for the EU budget.

Documents
EUR-Lex
COM(2012)0270

Documents

Activities

History

(these mark the time of scraping, not the official date of the change)

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procedure/Other legal basis
Rules of Procedure EP 159
procedure/instrument
Old
  • Regulation
  • Amending Regulation (EC) No 1225/2009
New
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committees/0
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2019-07-06Show (14) Changes | Timetravel
activities
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  • date: 2012-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21903&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-397 type: Decision by Parliament, 1st reading/single reading title: T7-0397/2012 body: EP type: Results of vote in Parliament
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  • date: 2012-06-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE492.647 title: PE492.647 type: Committee draft report body: EP
  • date: 2012-11-15T00:00:00 docs: url: /oeil/spdoc.do?i=21903&j=0&l=en title: SP(2012)767 type: Commission response to text adopted in plenary
  • date: 2012-12-12T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00060/2012/LEX type: Draft final act body: CSL
  • date: 2012-12-07T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2012)0270 title: COM(2012)0270 type: Contribution body: PT_PARLIAMENT
events
  • date: 2012-06-08T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0270/COM_COM(2012)0270_FR.pdf title: COM(2012)0270 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=270 title: EUR-Lex summary: PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: in Case C-249/10 P - Brosmann and others v. Council (Judgement of 2 February 2012), the European Court of Justice ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community 4 may not be applied for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation. The ruling by the European Court of Justice on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, it is appropriate to amend Regulation (EC) No 1225/2009. IMPACT ASSESSMENT: no impact assessment was carried out. LEGAL BASIS: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU). CONTENT: in the light of the Court’s judgement, the Commission proposes to amend Regulation (EC) No 1225/2009, in particular with regard to the time limit of three months for the Commission to decide on the applications for market economy treatment. In addition, for reasons of legal certainty, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of producers by using samples on the basis of Article 17 of Council Regulation (EC) No 1225/2009 also applies to the parties subject to a market economy treatment examination, in accordance with Article 2(7)(b) and (c). Lastly, the proposal clarifies that the anti-dumping duty to be applied to imports from producers, which have made themselves known in accordance with Article 17 but were not included in the examination , shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Articles 2(1) to 2(6) or Article 2(7)(a). BUDGETARY IMPLICATION: this proposal does not have any implications for the EU budget.
  • date: 2012-06-14T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2012-07-12T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-07-18T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-243&language=EN title: A7-0243/2012 summary: The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community. The parliamentary committee recommends that the European Parliament adopts its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.
  • date: 2012-10-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21903&l=en title: Results of vote in Parliament
  • date: 2012-10-25T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-397 title: T7-0397/2012 summary: The European Parliament adopted by 652 votes to 13 with 11 abstentions a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community. Parliament adopted its position on first reading following the ordinary legislative procedure. The amendment adopted in plenary is the result of an agreement negotiated between Parliament and Council. The main amendment is as follows: Determination of dumping: with regard to certain provisions, a determination whether the producer meets the relevant criteria shall be made within normally seven months but not later than within eight months of the initiation of the investigation (rather than within three months of the initiation of the investigation).
  • date: 2012-12-06T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2012-12-12T00:00:00 type: Final act signed body: CSL
  • date: 2012-12-12T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2012-12-14T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community. LEGISLATIVE ACT: Regulation (EU) No 1168/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community. CONTENT: the Council adopted an amending regulation on protection against dumped imports from countries not members of the European Community following an agreement at first reading with the European Parliament. To recall, in Case C-249/10 P Brosmann and others v. Council (Judgment of 2 February 2012), the Court of Justice of the European Union ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community may not be applied for the purposes of the determination of claims of market economy treatment to be made under that Regulation. The ruling by the Court of Justice of the European Union on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, taking into account the Court’s ruling and for reasons of legal certainty, Regulation (EC) No 1225/2009 has been amended as follows: introducing a provision clarifying that the decision to limit the investigation to a reasonable number of parties by using samples on the basis of Article 17 of Regulation (EC) No 1225/2009 also applies to the parties subject to an examination in accordance with subparagraphs (b) and (c) of Article 2(7) of that Regulation. Consequently, it is also appropriate to clarify that a determination under subparagraph (c) of Article 2(7) of that Regulation should not be made for exporting producers that are not part of the sample, unless such producers request and obtain individual examination in accordance with Article 17(3) thereof; clarifying that the anti-dumping duty to be applied to imports from exporters or producers which have made themselves known in accordance with Article 17 of Regulation (EC) No 1225/2009 but were not included in the examination is not to exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Article 2(1) to (6) or subparagraph (a) of Article 2(7) of that Regulation. Lastly, the Regulation extends from three to seven months the time limit for the Commission to decide on the applications for market economy treatment. ENTRY INTO FORCE: 15/12/2012. This Regulation shall apply to all new and to all pending investigations from this date. docs: title: Regulation 2012/1168 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R1168 title: OJ L 344 14.12.2012, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:344:TOC
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2015-11-04Show (1) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52012PC0270:EN
2015-11-04Show (5) Changes | Timetravel
activities/0/docs/0/celexid
CELEX:52012PC0270:EN
links/European Commission/title
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PreLex
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EUR-Lex
procedure/subject/0
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procedure/subject/3
6.20.04 Union Customs Code, tariffs, preferential arrangements, rules of origin
2014-11-09Show (26) Changes | Timetravel
activities/0
date
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docs
url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0270/COM_COM(2012)0270_FR.pdf title: COM(2012)0270 type: Legislative proposal published celexid: CELEX:52012PC0270:EN
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Legislative proposal
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EC
commission
DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
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2012-11-15T00:00:00
New
2012-06-08T00:00:00
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  • PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    BACKGROUND: in Case C-249/10 P - Brosmann and others v. Council (Judgement of 2 February 2012), the European Court of Justice ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community4 may not be applied for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation. 

    The ruling by the European Court of Justice on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, it is appropriate to amend Regulation (EC) No 1225/2009.

    IMPACT ASSESSMENT: no impact assessment was carried out.

    LEGAL BASIS: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: in the light of the Court’s judgement, the Commission proposes to amend Regulation (EC) No 1225/2009, in particular with regard to the time limit of three months for the Commission to decide on the applications for market economy treatment.

    In addition, for reasons of legal certainty, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of producers by using samples on the basis of Article 17 of Council Regulation (EC) No 1225/2009 also applies to the parties subject to a market economy treatment examination, in accordance with Article 2(7)(b) and (c).

    Lastly, the proposal clarifies that the anti-dumping duty to be applied to imports from producers, which have made themselves known in accordance with Article 17 but were not included in the examination, shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Articles 2(1) to 2(6) or Article 2(7)(a).

    BUDGETARY IMPLICATION: this proposal does not have any implications for the EU budget.
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SP(2012)767
New
COM(2012)0270
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Commission response to text adopted in plenary
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Legislative proposal published
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http://www.europarl.europa.eu/oeil/spdoc.do?i=21903&j=0&l=en
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Commission response to text adopted in plenary
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Legislative proposal published
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  • body: EP responsible: True committee: INTA date: 2012-06-20T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MOREIRA Vital
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2012-06-26T00:00:00
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE492.647 type: Committee draft report title: PE492.647
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4de187020fb8127435bdc130
New
4f1ad9ceb819f207b3000038
activities/3/docs/0/text/0
Old

The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

The parliamentary committee recommends that the European Parliament adopts its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.

New

The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

The parliamentary committee recommends that the European Parliament adopts its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.
activities/4/committees
  • body: EP responsible: True committee: INTA date: 2012-06-20T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MOREIRA Vital
activities/4/date
Old
2012-06-14T00:00:00
New
2012-10-25T00:00:00
activities/4/docs
  • url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21903&l=en type: Results of vote in Parliament title: Results of vote in Parliament
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-397 type: Decision by Parliament, 1st reading/single reading title: T7-0397/2012
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  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R1168 title: Regulation 2012/1168
  • url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:344:TOC title: OJ L 344 14.12.2012, p. 0001
activities/9/text

  • PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

    LEGISLATIVE ACT: Regulation (EU) No 1168/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

    CONTENT: the Council adopted an amending regulation on protection against dumped imports from countries not members of the European Community following an agreement at first reading with the European Parliament.

    To recall, in Case C-249/10 P Brosmann and others v. Council (Judgment of 2 February 2012), the Court of Justice of the European Union ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community may not be applied for the purposes of the determination of claims of market economy treatment to be made under that Regulation.

    The ruling by the Court of Justice of the European Union on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union.

    Therefore, taking into account the Court’s ruling and for reasons of legal certainty, Regulation (EC) No 1225/2009 has been amended as follows:

    • introducing a provision clarifying that the decision to limit the investigation to a reasonable number of parties by using samples on the basis of Article 17 of Regulation (EC) No 1225/2009 also applies to the parties subject to an examination in accordance with subparagraphs (b) and (c) of Article 2(7) of that Regulation. Consequently, it is also appropriate to clarify that a determination under subparagraph (c) of Article 2(7) of that Regulation should not be made for exporting producers that are not part of the sample, unless such producers request and obtain individual examination in accordance with Article 17(3) thereof;
    • clarifying that the anti-dumping duty to be applied to imports from exporters or producers which have made themselves known in accordance with Article 17 of Regulation (EC) No 1225/2009 but were not included in the examination is not to exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Article 2(1) to (6) or subparagraph (a) of Article 2(7) of that Regulation. 

    Lastly, the Regulation extends from three to seven months the time limit for the Commission to decide on the applications for market economy treatment.

    ENTRY INTO FORCE: 15/12/2012. This Regulation shall apply to all new and to all pending investigations from this date.
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4de187020fb8127435bdc130
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6.20.04 Community Customs Code, tariffs, preferential arrangements, rules of origin
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6.20.04 Union Customs Code, tariffs, preferential arrangements, rules of origin
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COD - Ordinary legislative procedure (ex-codecision)
New
COD - Ordinary legislative procedure (ex-codecision procedure)
2013-01-10Show (3) Changes | Timetravel
activities/11
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2012-12-14T00:00:00
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Regulation 2012/1168
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Old
Procedure completed, awaiting publication in Official Journal
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Procedure completed
2012-12-22Show (1) Changes | Timetravel
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2012-11-15T00:00:00
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2012-12-18Show (1) Changes | Timetravel
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Procedure completed, awaiting publication in Official Journal
2012-12-08Show (3) Changes | Timetravel
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Awaiting Council 1st reading position / budgetary conciliation convocation
New
Awaiting signature of act
2012-12-01Show (12) Changes | Timetravel
activities/4/committees
  • body: EP responsible: True committee: INTA date: 2012-06-20T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MOREIRA Vital
activities/4/date
Old
2012-10-25T00:00:00
New
2012-07-18T00:00:00
activities/4/docs/0/text/0
Old

The European Parliament adopted by 652 votes to 13 with 11 abstentions a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

Parliament adopted its position on first reading following the ordinary legislative procedure. The amendment adopted in plenary is the result of an agreement negotiated between Parliament and Council. The main amendment is as follows:

Determination of dumping: with regard to certain provisions, a determination whether the producer meets the relevant criteria shall be made within normally seven months but not later than within eight months of the initiation of the investigation (rather than within three months of the initiation of the investigation).

New

The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

The parliamentary committee recommends that the European Parliament adopts its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.
activities/4/docs/0/title
Old
T7-0397/2012
New
A7-0243/2012
activities/4/docs/0/type
Old
Decision by Parliament, 1st reading/single reading
New
Committee report tabled for plenary, 1st reading/single reading
activities/4/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-397
New
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-243&language=EN
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Results of vote in Parliament
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EP officialisation
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Text adopted by Parliament, 1st reading/single reading
2012-11-15Show (1) Changes | Timetravel
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Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=270
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http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2012/0270/COM_COM(2012)0270_FR.pdf
2012-11-06Show (5) Changes | Timetravel
activities/6
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2012-10-25T00:00:00
docs
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Text adopted by Parliament, 1st reading/single reading
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EC
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  • DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-397 type: Decision by Parliament, 1st reading/single reading title: T7-0397/2012
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activities/6/type
Old
Prev DG PRES
New
Text adopted by Parliament, 1st reading/single reading
2012-10-31Show (1) Changes | Timetravel
activities/6/docs/0/text

  • The European Parliament adopted by 652 votes to 13 with 11 abstentions a legislative resolution on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

    Parliament adopted its position on first reading following the ordinary legislative procedure. The amendment adopted in plenary is the result of an agreement negotiated between Parliament and Council. The main amendment is as follows:

    Determination of dumping: with regard to certain provisions, a determination whether the producer meets the relevant criteria shall be made within normally seven months but not later than within eight months of the initiation of the investigation (rather than within three months of the initiation of the investigation).
2012-10-31Show (1) Changes | Timetravel
activities/6/docs/1
url
http://www.europarl.europa.eu/oeil/popups/sda.do?id=21903&l=en
type
Results of vote in Parliament
title
Results of vote in Parliament
2012-10-29Show (1) Changes | Timetravel
activities/6/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-397
2012-10-27Show (3) Changes | Timetravel
activities/6/docs
  • type: Decision by Parliament, 1st reading/single reading title: T7-0397/2012
activities/6/type
Old
Vote scheduled
New
Text adopted by Parliament, 1st reading/single reading
procedure/stage_reached
Old
Awaiting Parliament 1st reading / single reading / budget 1st stage
New
Awaiting Council 1st reading position / budgetary conciliation convocation
2012-10-24Show (1) Changes | Timetravel
activities/7
body
EC
date
2012-10-25T00:00:00
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Prev DG PRES
commission
DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
2012-10-20Show (1) Changes | Timetravel
activities/5/docs/0/text

  • The Committee on International Trade adopted the report by Vital MOREIRA (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

    The parliamentary committee recommends that the European Parliament adopts its position at first reading, under the ordinary legislative procedure, taking over the Commission proposal.
2012-10-13Show (1) Changes | Timetravel
activities/5/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-243&language=EN
2012-10-03Show (1) Changes | Timetravel
activities/6/type
Old
Indicative plenary sitting date, 1st reading/single reading
New
Vote scheduled
2012-09-28Show (1) Changes | Timetravel
procedure/subject/1
Old
6.20.01 Agreements and relations in the context of the World Trade Organisation (WTO)
New
6.20.01 Agreements and relations in the context of the World Trade Organization (WTO)
2012-08-30Show (1) Changes | Timetravel
activities/6/date
Old
2012-10-23T00:00:00
New
2012-10-25T00:00:00
2012-07-18Show (1) Changes | Timetravel
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date
2012-07-18T00:00:00
docs
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EP
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body: EP responsible: True committee: INTA date: 2012-06-20T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MOREIRA Vital
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2012-07-17Show (7) Changes | Timetravel
activities/1
date
2012-06-08T00:00:00
docs
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New
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  • DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
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2012-11-08T00:00:00
New
2012-06-08T00:00:00
activities/1/docs
  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=270 celexid: CELEX:52012PC0270:EN type: Legislative proposal published title: COM(2012)0270
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2012-07-16Show (3) Changes | Timetravel
activities/5/date
Old
2012-11-08T00:00:00
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2012-10-23T00:00:00
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2012-07-13Show (3) Changes | Timetravel
activities/4/committees
  • body: EP responsible: True committee: INTA date: 2012-06-20T00:00:00 committee_full: International Trade rapporteur: group: S&D name: MOREIRA Vital
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2012-07-11T00:00:00
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2012-07-12T00:00:00
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Prev Adopt in Cte
New
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2012-07-10Show (5) Changes | Timetravel
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2012-06-08T00:00:00
docs
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  • url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=270 title: COM(2012)0270 type: Legislative proposal published celexid: CELEX:52012PC0270:EN
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activities/1/docs/0/text

  • PURPOSE: to amend Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community.

    PROPOSED ACT: Regulation of the European Parliament and of the Council.

    BACKGROUND: in Case C-249/10 P - Brosmann and others v. Council (Judgement of 2 February 2012), the European Court of Justice ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community4 may not be applied for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation. 

    The ruling by the European Court of Justice on the application of Council Regulation (EC) No 1225/2009 would require that the Commission examine all applications for market economy treatment filed by cooperating producers who are not part of the sample, irrespective of the number of producers. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, it is appropriate to amend Regulation (EC) No 1225/2009.

    IMPACT ASSESSMENT: no impact assessment was carried out.

    LEGAL BASIS: Article 207(2) of the Treaty on the Functioning of the European Union (TFEU).

    CONTENT: in the light of the Court’s judgement, the Commission proposes to amend Regulation (EC) No 1225/2009, in particular with regard to the time limit of three months for the Commission to decide on the applications for market economy treatment.

    In addition, for reasons of legal certainty, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of producers by using samples on the basis of Article 17 of Council Regulation (EC) No 1225/2009 also applies to the parties subject to a market economy treatment examination, in accordance with Article 2(7)(b) and (c).

    Lastly, the proposal clarifies that the anti-dumping duty to be applied to imports from producers, which have made themselves known in accordance with Article 17 but were not included in the examination, shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Articles 2(1) to 2(6) or Article 2(7)(a).

    BUDGETARY IMPLICATION: this proposal does not have any implications for the EU budget.
activities/4
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EP
date
2012-07-11T00:00:00
type
Prev Adopt in Cte
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Old
Indicative plenary sitting date, 1st reading/single reading
New
EP 1R Plenary
activities/6
body
EC
date
2012-10-23T00:00:00
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Prev DG PRES
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DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
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2012-11-08T00:00:00
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EP
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2012-07-06Show (2) Changes | Timetravel
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date
2012-10-23T00:00:00
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EP
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Indicative plenary sitting date, 1st reading/single reading
procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 207
2012-06-30Show (1) Changes | Timetravel
activities/3/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE492.647
2012-06-26Show (1) Changes | Timetravel
activities/3
date
2012-06-26T00:00:00
docs
type: Committee draft report title: PE492.647
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EP
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Committee draft report
2012-06-22Show (4) Changes | Timetravel
activities/2/committees/0/date
2012-06-20T00:00:00
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  • group: S&D name: MOREIRA Vital
committees/0/date
2012-06-20T00:00:00
committees/0/rapporteur
  • group: S&D name: MOREIRA Vital
2012-06-19Show (5) Changes
activities
  • body: EP date: 2012-06-08T00:00:00 type: EP officialisation
  • date: 2012-06-08T00:00:00 docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=270 type: Legislative proposal published title: COM(2012)0270 type: Legislative proposal body: EC commission: DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: DE GUCHT Karel
  • date: 2012-06-14T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee_full: International Trade committee: INTA
committees
  • body: EP responsible: True committee_full: International Trade committee: INTA
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/trade/ title: Trade commissioner: DE GUCHT Karel
procedure
dossier_of_the_committee
INTA/7/09812
reference
2012/0145(COD)
title
Protection against dumped imports from countries not members of the European Community: investigations
stage_reached
Awaiting Parliament 1st reading / single reading / budget 1st stage
summary
Amending Regulation (EC) No 1225/2009
instrument
Regulation
subtype
Legislation
type
COD - Ordinary legislative procedure (ex-codecision)
subject
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