in force 2018-06-08 MODIFIED+741 −72§
Amended by Regulation (EU) 2018/825 32018R0825
applies from: unchanged
The rule that the countervailing duty should be less than the full amount of countervailable subsidies where a lesser duty would remove injury is no longer stated as automatic, but is instead conditioned on the Commission clearly concluding, on the basis of all submitted information, that determining the full amount is not in the Union's interest.
A new paragraph is added addressing situations where the Commission has not registered imports, providing that if it finds a further substantial rise in imports during the period of pre-disclosure, it shall reflect the resulting additional injury in the injury margin determination for a period no longer than that referred to in Article 18(1).
Cited: Art. 15, v1 · Art. 15, v2
text before / after
02016R1037-20171220 → 02016R1037-20180608
Article 15
Imposition of definitive duties
1. Where the facts as finally established show the existence of countervailable subsidies and injury caused thereby, and the Union interest calls for intervention in accordance with Article 31, a definitive countervailing duty shall be imposed by the Commission acting in accordance with the examination procedure referred to in Article 25(3). Where provisional duties are in force, the Commission shall initiate that procedure no later than one month before the expiry of such duties.
No measures shall be imposed if the subsidy or subsidies are withdrawn or it has been demonstrated that the subsidies no longer confer any benefit on the exporters involved.
The amount of the countervailing duty shall not exceed the amount of countervailable subsidies established, but established.
Where the Commission, on the basis of all the information submitted, can clearly conclude that it should is not in the Union’s interest to determine the amount of measures in accordance with the third subparagraph, the amount of the countervailing duty shall be less than the total amount of countervailable subsidies if such lesser duty would be adequate to remove the injury to the Union industry.
Where the Commission has not registered imports, but where the Commission finds, based on an analysis of all relevant information at its disposal when adopting definitive measures, that a further substantial rise in imports subject to the investigation occurs during the period of pre-disclosure, the Commission shall reflect the additional injury resulting from such increase in the determination of the injury margin for a period no longer than that referred to in Article 18(1).
2. A countervailing duty shall be imposed in the appropriate amounts in each case, on a non-discriminatory basis, on imports of a product from all sources found to benefit from countervailable subsidies and causing injury, except for imports from those sources from which undertakings under the terms of this Regulation have been accepted.
The Regulation imposing the duty shall specify the duty for each supplier, or, if that is impracticable, the supplying country concerned.
3. When the Commission has limited its investigation in accordance with Article 27, any countervailing duty applied to imports from exporters or producers which have made themselves known in accordance with Article 27 but were not included in the investigation shall not exceed the weighted average amount of countervailable subsidies established for the parties in the sample.
For the purpose of this paragraph, the Commission shall disregard any zero and de minimis amounts of countervailable subsidies and amounts of countervailable subsidies established in the circumstances referred to in Article 28.
Individual duties shall be applied to imports from any exporter or producer for which an individual amount of subsidisation has been calculated as provided for in Article 27.