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

According to Article 8(1) of Regulation No 2016/1036, the Commission may accept undertaking offers submitted by any exporter pursuant to the procedure laid down in Article 15(2) . The committee takes a simple majority vote. The Commission  decides taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered. Undertakings are not necessar …

Acceptance

According to Article 8(1) of Regulation No 2016/1036, the Commission may accept undertaking offers submitted by any exporter pursuant to the procedure laid down in Article 15(2) . The committee takes a simple majority vote. The Commission  decides taking the utmost account of the conclusions drawn from the discussions within the committee and of the opinion delivered. Undertakings are not necessarily accepted by the Commission who has discretion power. In effect, the provision mentions in paragraph 3 that their acceptance must be considered practical by the Commission . Where the Commission contemplates rejecting the proposed undertakings, it informs the exporter thereof and gives it an opportunity to make comments thereon. It sets out the reasons for rejection in the definitive decision. 

The acceptance of undertakings after consultation of the Advisory Committee results in the termination of the investigation (Art. 8(5)) pursuant to the procedure laid down in Article 15(3). 

However, the undertakings being proposed on the basis of a preliminary affirmative determination, their acceptance does not preclude from “normally” completing the investigation of dumping and injury (Art. 8(6)). In case of a finding showing the existence of dumping, the undertaking continues. Where the determination is negative at the end of an investigation, the undertaking lapses, unless the negative determination is due to the undertaking, which will then be maintained for a reasonable period. 

When the Commission accepts the undertakings submitted, provisional or definitive duties do not apply to imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. Since the acceptance of an undertaking results in the termination of the proceedings, therefore the Council, upon proposal of the Commission, cannot rather impose a definitive anti-dumping duty as a penalty . The termination of the proceedings is effective with respect to the exporter from the acceptance of the undertaking which gives a definite character to the exemption from provisional or definitive duties, set at the end of the investigation, that it should have normally paid had it not proposed undertakings. Residual duties may however be imposed on the exporter as part of its price undertaking  or, more rarely, to underpin its undertakings by avoiding their circumvention . 

Article 15(2) of Regulation No 2016/1036 refers to Article 4 of Regulation No 182/2011.

Where the number of actual or potential exporters is too great, or for other reasons, including reasons of general policy, the acceptance may be considered impractical.

Cases 113/77 NTN Toyo Bearing v Council [1979] ECR 1185, LawLex200900001489JBJ and 118/77 ISO v Council [1979] ECR 1277, LawLex200900001500JBJ; 119/77 Nippon Seiko v Council and Commission [1979] ECR 1303, LawLex200900001492JBJ; 120/77 Koyo Seiko v Council and Commission [1979] ECR 1337, LawLex200900001512JBJ; 121/77 Nachi Fujikoshi v Council [1979] ECR 1363, LawLex200900001516JBJ.

Commission Decision No 2002/683 of 29 July 2002, imports of color television receivers (Malaysia, China, Korea, Singapore, Thailand), LawLex201100000543JBJ, which provides for the levying of the anti-dumping duty in force once certain quantitative ceilings are reached.

Council Regulation (EU) No 584/96 of 11 March 1996, imports of certain tube or pipe fittings, of iron or steel (China, Croatia, Thailand), LawLex200900002406JBJ.

European Business Law

457. Acceptance

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

457. Acceptance

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise