(a) responding to obstacles to trade that have an effect on the market of the Union, with a view to removing the injury resulting therefrom; (b) responding to obstacles to trade that have an effect on the market of a third country, with a view to removing the adverse trade effects resulting therefrom.
Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification)
(a) "obstacles to trade" means any trade practice adopted or maintained by a third country in respect of which international trade rules establish a right of action; such a right of action exists when international trade rules either prohibit a practice outright, or give another party affected by the practice a right to seek elimination of the effect of the practice in question; (b) "the Union’s rights" means the international trade rights of which the Union may avail itself under international trade rules; in this context, "international trade rules" are primarily those established under the auspices of the WTO and laid down in the Annexes to the WTO Agreement, but they can also be those laid down in any other agreement to which the Union is a party and which sets out rules applicable to trade between the Union and third countries; (c) "injury" means any material injury which an obstacle to trade causes or threatens to cause, in respect of a product or service, to a Union industry, on the market of the Union; (d) "adverse trade effects" means the adverse effects which an obstacle to trade causes or threatens to cause, in respect of a product or service, to Union enterprises, on the market of any third country, and which have a material impact on the economy of the Union or of a region of the Union, or on a sector of economic activity in the Union; the fact that the complainant suffers from such adverse effects shall not be considered sufficient to justify, on its own, the Union institutions proceeding with any action; (e) "Union industry" means either: (i) all Union producers or providers: of products or services identical or similar to the product or service which is the subject of an obstacle to trade; of products or services competing directly with that product or service; or who are consumers or processors of the product or consumers or users of the service which is the subject of an obstacle to trade;
or (ii) all those producers or providers whose combined output constitutes a major proportion of total Union production of the products or services in question; however: when producers or providers are related to the exporters or importers or are themselves importers of the product or service alleged to be the subject of obstacles to trade, the term "Union industry" may be interpreted as referring to the rest of the producers or providers; in particular circumstances, the producers or providers within a region of the Union may be regarded as the Union industry if their collective output constitutes the major proportion of the output of the product or service in question in the Member State or Member States within which the region is located provided that the effect of the obstacle to trade is concentrated in that Member State or those Member States;
(f) "Union enterprise" means a company or firm formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the Union, that is directly concerned by the production of goods or the provision of services which are the subject of the obstacle to trade; (g) "services" means those services in respect of which international agreements can be concluded by the Union on the basis of Article 207 of the Treaty.
(a) announce the initiation of an examination procedure in the Official Journal of the European Union ; the announcement shall indicate the product or service and the countries concerned, give a summary of the information received, and provide that all relevant information is to be communicated to the Commission; it shall state the period within which interested parties may apply to be heard orally by the Commission in accordance with paragraph 5;(b) officially notify the representatives of the country or countries which are the subject of the procedure and with whom, where appropriate, consultations may be held; (c) conduct the examination at Union level, acting in cooperation with the Member States.
(a) seek all the information it deems necessary and attempt to check this information with importers, traders, agents, producers, trade associations and organisations, provided that the undertakings or organisations concerned give their consent; (b) carry out investigations in the territory of third countries, provided that the governments of those countries have been officially notified and raised no objection within a reasonable time.
(a) inspect all information made available to the Commission except for internal documents for the use of the Commission and the administrations, provided that such information is relevant to the protection of their interests and not confidential within the meaning of Article 10 and that it is used by the Commission in its examination procedure; the persons concerned shall address a reasoned request in writing to the Commission, indicating the information required; (b) ask to be informed of the principal facts and considerations resulting from the examination procedure.
(a) the volume of Union imports or exports concerned, notably where there has been a significant increase or decrease, either in absolute terms or relative to production or consumption on the market in question; (b) the prices of the Union industry’s competitors, in particular in order to determine whether there has been, either in the Union or on third country markets, significant undercutting of the prices of the Union industry; (c) the consequent impact on the Union industry and as indicated by trends in certain economic factors such as: production, capacity utilisation, stocks, sales, market share, prices (that is to say depression of prices or prevention of price increases which would normally have occurred), profits, return on capital, investment, employment.
(a) the rate of increase of exports to the market where the competition with Union products is taking place; (b) export capacity in the country of origin or export, which is already in existence or will be operational in the foreseeable future, and the likelihood that the exports resulting from that capacity will be to the market referred to in point (a).
(a) suspension or withdrawal of any concession resulting from commercial policy negotiations; (b) the raising of existing customs duties or the introduction of any other charge on imports; (c) the introduction of quantitative restrictions or any other measures modifying import or export conditions or otherwise affecting trade with the third country concerned.
(a) the rules establishing the common organisation of agricultural markets and their implementing provisions; and (b) the specific rules adopted pursuant to Article 352 of the Treaty, applicable to goods processed from agricultural products.
| Only point 4 of the Annex | |
| Only Article 11 |
| Regulation (EC) No 3286/94 | This Regulation |
|---|---|
| Article 1 | Article 1 |
| Article 2(1) | Article 2(1), introductory wording and point (a) |
| Article 2(2) | Article 2(1)(b) |
| Article 2(3) | Article 2(1)(c) |
| Article 2(4) | Article 2(1)(d) |
| Article 2(5), first subparagraph, first part of the introductory wording | Article 2(1)(e), introductory wording |
| Article 2(5), first subparagraph, second part of the introductory wording | Article 2(1)(e)(i), introductory wording |
| Article 2(5), first subparagraph, first indent | Article 2(1)(e)(i), first indent |
| Article 2(5), first subparagraph, second indent | Article 2(1)(e)(i), second indent |
| Article 2(5), first subparagraph, third indent | Article 2(1)(e)(i), third indent |
| Article 2(5), second subparagraph, introductory sentence | Article 2(1)(e)(ii), introductory wording |
| Article 2(5), second subparagraph, point (a) | Article 2(1)(e)(ii), first indent |
| Article 2(5), second subparagraph, point (b) | Article 2(1)(e)(ii), second indent |
| Article 2(6) | Article 2(1)(f) |
| Article 2(7) | Article 2(2) |
| Article 2(8) | Article 2(1)(g) |
| Articles 3 to 6 | Articles 3 to 6 |
| Article 7(1)(a) | Article 7(1) |
| Article 7(1)(b) | Article 7(2) |
| Article 7(1)(c) | Article 7(3) |
| Article 7(2) | Article 8 |
| Article 8(1) | Article 9(1) |
| Article 8(2)(a) | Article 9(2), first subparagraph, introductory wording and point (a) |
| Article 8(2)(b) | Article 9(2), first subparagraph, introductory wording and point (b) |
| Article 8(2)(c) | Article 9(2), second subparagraph |
| Article 8(3) | Article 9(3) |
| Article 8(4)(a) | Article 9(4), first subparagraph, introductory wording and point (a) |
| Article 8(4)(b) | Article 9(4), first subparagraph, introductory wording and point (b) |
| Article 8(5) to (8) | Article 9(5) to (8) |
| Article 9(1) | Article 10(1) |
| Article 9(2)(a) | Article 10(2), first subparagraph |
| Article 9(2)(b) | Article 10(2), second subparagraph |
| Article 9(3), (4) and (5) | Article 10(3), (4) and (5) |
| Article 10 | Article 11 |
| Article 11(1) | Article 12(1) |
| Article 11(2)(a) | Article 12(2), first subparagraph |
| Article 11(2)(b) | Article 12(2), second subparagraph |
| Article 11(2)(c) | Article 12(2), third subparagraph |
| Article 11(3) | Article 12(3) |
| Article 12 | Article 13 |
| Article 13 | Article 14 |
| Article 13a | Article 15 |
| Article 15(1), first subparagraph, introductory sentences | Article 16, first paragraph,introductory sentences |
| Article 15(1), first subparagraph, first indent | Article 16, first paragraph, point (a) |
| Article 15(1), first subparagraph, second indent | Article 16, first paragraph, point (b) |
| Article 15(1), second subparagraph | Article 16, second paragraph |
| Article 15(2), first sentence | Article 17, first paragraph |
| Article 15(2), second sentence | Article 17, second paragraph |
| Article 16 | Article 18 |
| — | Annex I |
| — | Annex II |