European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Regulation No 182/2011 states that “in those basic acts which require the control of the Member States for the adoption by the Commission of implementing acts, it is appropriate, for the purposes of such control, that committees composed of the representatives of the Member States and chaired by the Commission be set up” (recital 6). In the interests of simplification, the Commission should exerci …

Scope

Regulation No 182/2011 states that “in those basic acts which require the control of the Member States for the adoption by the Commission of implementing acts, it is appropriate, for the purposes of such control, that committees composed of the representatives of the Member States and chaired by the Commission be set up” (recital 6). In the interests of simplification, the Commission should exercise implementing powers in accordance with one of only two procedures, namely the advisory procedure or the examination procedure (recital 8).

Regulation No 2016/1036 which expressly refers to Regulation No 182/2011, provides that “the advisory procedure should be used for the adoption of provisional measures given the effects of such measures and their sequential logic in relation to the adoption of definitive measures. It should also be used for the acceptance of undertakings, initiation and non-initiation of expiry reviews, suspension of measures, extension of the suspension of measures and the reinstatement of measures given the effect of such measures as compared to definitive measures. Where a delay in the imposition of measures would cause injury which would be difficult to repair, it is necessary to allow the Commission to adopt immediately applicable provisional measures” (recital 32).

The advisory procedure already existed under the previous anti-dumping regulation. Pursuant to Article 15 of Regulation No 1225/2009, any consultations provided for in the regulation took place within an Advisory Committee, which consisted of representatives of each Member State, with a representative of the Commission as chairman. Consultations, which were held immediately, could be requested by the Commission or by a Member State. They took place within a period which allowed the time-limits set by the regulation to be adhered to. Where necessary, consultation could be in writing only. In such a case, the Commission had to notify the Member States and specify a period within which they were entitled to answer, even to request an oral consultation. The Committee met when convened by its chairman and provided the Member States with all relevant information within a period of not more than than ten days before the meeting. Failure to respect that period could not, in itself, constitute an infringement of an essential procedural requirement which could render unlawful the consultation procedure. Article 15 of former Regulation No 1225/2009 drew up a non-exhaustive list of subject-matters that may be subject to consultation: the existence of dumping and the methods of establishing the dumping margin; the existence and extent of injury; the causal link between the dumped imports and injury; the measures taken to prevent or remedy the injury caused by dumping and the ways and means of putting such measures into effect.

Article 15(2) of Regulation No 2016/1036 has not retained that list and merely refers to the application of Article 4 of Regulation No 182/2011 which specifies that where the advisory procedure applies, the committee delivers its opinion, if necessary by taking a vote. If the committee takes a vote, the opinion shall be delivered by a simple majority of its component members. The Commission decides on the draft implementing act to be adopted, taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered. Article 3 of Regulation No 182/2011 which contains provisions common to both the advisory and the examination procedures, states that the Commission is assisted by a committee composed of representatives of the Member States which is chaired by a representative of the Commission who submits to the committee the draft implementing act to be adopted by it. The chair does not take part in the committee vote.  Except in duly justified cases, the chair convenes a meeting not less than 14 days from submission of the draft implementing act and of the draft agenda to the committee. The committee delivers its opinion on the draft implementing act within a time-limit which the chair may lay down according to the urgency of the matter. Until the committee delivers an opinion, any committee member may suggest amendments and the chair may present amended versions of the draft implementing act.  In duly justified cases, the chair may obtain the committee’s opinion by written procedure. Where necessary, an appeal committee can be seized, which meets at the earliest 14 days, except in duly justified cases, and at the latest 6 weeks, after the date of referral. It delivers its opinion within 2 months of the date of referral.

European Business Law

449. Scope

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

449. Scope

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise