PURPOSE: to submit a new amended proposal for a Regulation of the European Parliament and of the Council codifying Council Regulation (EC) No 673/2005 establishing on additional customs duties on imports of certain products originating in the United States of America.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: on 12 June 2014, the Commission presented a proposal for a Regulation of the European Parliament and of the Council codifying Council Regulation (EC) No 673/2005 establishing additional customs duties on imports of certain products originating in the United States of America.

On 17 July 2015, in the light of the amendments made in the meantime, the Commission presented an initial amended proposal for codification of Regulation (EC) No 673/2005 (see the summary dated the same day).

Having regard to the amendments adopted in respect of Regulation (EC) No 673/2005 and in view of the work already carried out in the course of the legislative procedure, the Commission has decided to present another amended proposal for codification of the Regulation in question.

CONTENT: the main elements of the new amended proposal are as follows:

Additional rights: the amended proposal stipulates that the tariff concessions and related obligations under GATT 1994 of the Union are suspended in respect of products originating in the United States listed in Annex I to this Regulation.

It provides the imposition of an additional 4.35 % ad valorem duty on products originating in the United States listed in that Annex. This duty would be in addition to the customs duties applicable under Regulation (EU) No 952/2013 of the European Parliament and of the Council establishing the Union Customs Code.

Annual adjustments: the Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the United States' Continued Dumping and Subsidy Offset Act (‘CDSOA’) to the Union at that time.

The Commission shall amend the rate of the additional duty or the list in Annex I under the following conditions:

• the level of nullification or impairment shall be equal to 72 % of the amount of disbursements under the CDSOA relating to anti-dumping and countervailing duties paid on imports from the Union for the most recent year for which data are available at that time, as published by the United States' authorities;
• the amendment shall be made so that the effect of the additional import duty on imports of the selected products originating in the United States represents, over one year, a value of trade that does not exceed the level of nullification or impairment ($ 27.81 million);
• the Commission shall amend the rate of the additional duty when the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I.

Another amendment seeks to add the reference to Commission Delegation Regulation (EU) 2017/750 in Annex III.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

PURPOSE: codification of Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: on 27 January 2003, the Dispute Settlement Body (‘DSB’) of the World Trade Organisation (‘WTO’) adopted the Appellate Body report and the Panel report finding that the Continued Dumping and Subsidy Offset Act (‘CDSOA’) was incompatible with the United States' obligations under the WTO agreements.

Since the United States failed to bring its legislation into conformity with the relevant agreements, the 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. The United States objected to the level of suspension of tariff concessions and related obligations and the matter was referred to arbitration. 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.

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. 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 for an equivalent amount.

The effect of a 15 % ad valorem additional import duty on imports of the products in Annex I originating in the United States represented 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 from 1 May 2005.

CONTENT: on 12 June 2014, the Commission presented a proposal for a Regulation of the European Parliament and of the Council codifying Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America. In its opinion of 17 September 2014 the Consultative Working Party of the legal services stated that the proposal was confined to a straightforward codification, without any substantive changes to the acts covered by it.

Having regard to the amendment adopted to the proposal, the Commission has decided to an amended proposal for codification of the Regulation in question.

Additional duty: the amended proposal provides that the tariff concessions and related obligations under GATT 1994 of the Union are suspended in respect of products originating in the United States listed in Annex I to this Regulation. It provides that an ad valorem duty of 1.5 % additional to the customs duty applicable under Council Regulation (EEC) No 2913/9210 shall be imposed on the products originating in the United States listed in Annex I. This duty will be added to customs duties payable under Council Regulation (EEC) No 2913 establishing the Community Customs Code.

Annual adjustment: 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 Union at that time. The Commission should, whilst respecting certain criteria, amend the list in Annex I or the rate of the additional import duty so that the effect of the additional duty on imports from the United States of the selected products represents, over one year, a value of trade that does not exceed the amount of nullification or impairment (being USD 27.81 million.).

A further amendment aims to add Commission Delegated Regulation (EU) 2015/675 to Annex III.

PURPOSE: to codify Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: Council Regulation (EC) No 673/20056 has been substantially amended several times. In the interests of clarity and rationality, that Regulation should be codified.

To recall, on 12 June 2014, the Commission presented a proposal for a Regulation of the European Parliament and of the Council codifying Council Regulation (EC) No 673/2005. On 17 July 2015, the Commission presented an amended proposal for the codification of Regulation (EC) No 673/2005, following subsequent amendments to it.

Having regard to the amendments adopted in respect of Regulation (EC) No 673/2005 and in view of the work already carried out in the course of the legislative procedure, the Commission has decided to present another amended proposal for codification of the Regulation in question.

CONTENT: the proposed Regulation stipulates that the tariff concessions and related obligations under GATT 1994 of the Union are suspended in respect of products originating in the United States listed in Annex I to this Regulation.

An ad valorem duty of 0.45 % additional to the customs duty applicable under Regulation (EU) No 952/2013 of the European Parliament and of the Council shall be imposed on the products originating in the United States listed in Annex I to this Regulation.

The proposal recalled that on 27 January 2003, the Dispute Settlement Body (DSB) of the World Trade Organization (WTO) adopted the Appellate Body report and the Panel report, 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.  

In accordance with the decision of the Arbitrator on this issue, 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. On the basis of the data published by the United States' Customs and Border Protection (from 1 October 2003 to 30 September 2004), the level of nullification or impairment caused to the Community was calculated at USD 27.81 million.

Under this draft Regulation, the Commission should adjust the level of suspension annually to the level of nullification or impairment caused by the United States' Continued Dumping and Subsidy Offset Act (‘CDSOA’) to the Union at that time. The Commission should respect certain conditions. In particular, the level of nullification or impairment shall be equal to 72 % of the amount of disbursements under the CDSOA relating to anti-dumping and countervailing duties paid on imports from the Union for the most recent year for which data are available at that time, as published.

DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

PURPOSE: codification of Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: on 27 January 2003, the Dispute Settlement Body (‘DSB’) of the World Trade Organisation (‘WTO’) adopted the Appellate Body report and the Panel report finding that the Continued Dumping and Subsidy Offset Act (‘CDSOA’) was incompatible with the United States' obligations under the WTO agreements.

Since the United States failed to bring its legislation into conformity with the relevant agreements, the 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. The United States objected to the level of suspension of tariff concessions and related obligations and the matter was referred to arbitration. 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.

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. 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 for an equivalent amount.

The effect of a 15 % ad valorem additional import duty on imports of the products in Annex I originating in the United States represented 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 from 1 May 2005.

CONTENT: on 12 June 2014, the Commission presented a proposal for a Regulation of the European Parliament and of the Council codifying Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America. In its opinion of 17 September 2014 the Consultative Working Party of the legal services stated that the proposal was confined to a straightforward codification, without any substantive changes to the acts covered by it.

Having regard to the amendment adopted to the proposal, the Commission has decided to an amended proposal for codification of the Regulation in question.

Additional duty: the amended proposal provides that the tariff concessions and related obligations under GATT 1994 of the Union are suspended in respect of products originating in the United States listed in Annex I to this Regulation. It provides that an ad valorem duty of 1.5 % additional to the customs duty applicable under Council Regulation (EEC) No 2913/9210 shall be imposed on the products originating in the United States listed in Annex I. This duty will be added to customs duties payable under Council Regulation (EEC) No 2913 establishing the Community Customs Code.

Annual adjustment: 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 Union at that time. The Commission should, whilst respecting certain criteria, amend the list in Annex I or the rate of the additional import duty so that the effect of the additional duty on imports from the United States of the selected products represents, over one year, a value of trade that does not exceed the amount of nullification or impairment (being USD 27.81 million.).

A further amendment aims to add Commission Delegated Regulation (EU) 2015/675 to Annex III.

PURPOSE: codification of Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

CONTENT: in the interests of clarity and legal transparency, the purpose of the present proposal is to proceed with the codification of Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

Council Regulation (EC) No 673/2005 has been substantially amended several times.

It is recalled that on 1 April 1987 the Commission decided to instruct its staff that all acts should be codified after no more than ten amendments, stressing that this is a minimum requirement. The Edinburgh European Council, in December 1992, confirmed this, stressing the importance of codification.

The European Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.

The new Regulation will supersede the various acts incorporated in it; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.

PURPOSE: codification of Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

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

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

CONTENT: in the interests of clarity and legal transparency, the purpose of the present proposal is to proceed with the codification of Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products originating in the United States of America.

Council Regulation (EC) No 673/2005 has been substantially amended several times.

It is recalled that on 1 April 1987 the Commission decided to instruct its staff that all acts should be codified after no more than ten amendments, stressing that this is a minimum requirement. The Edinburgh European Council, in December 1992, confirmed this, stressing the importance of codification.

The European Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.

The new Regulation will supersede the various acts incorporated in it; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.