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Commission Implementing Regulation (EU) 2020/894 of 29 June 2020 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products

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Commission Implementing Regulation (EU) 2020/894

of 29 June 2020

amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports(1), and in particular Articles 16 and 20 thereof,

Having regard to Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries(2), and in particular Articles 13 and 16 thereof,

Whereas:

1. BACKGROUND

(1)By Implementing Regulation (EU) 2019/159 (‘the definitive Regulation’)(3), the Commission imposed safeguard measures on certain steel imports (26 steel product categories). The measures consist of a system of tariff-rate quotas per-product-category (‘TRQs’) set at a level to ensure that disruption to imports were minimised and traditional import levels from trading partners were preserved. A 25 % out-of-quota tariff applies for imports exceeding the TRQs.

(2)By Implementing Regulation (EU) 2019/1590 (the ‘first Review Regulation’)(4), the Commission reviewed the measures for the first time and introduced a series of adjustments taking into account changed circumstances and Union interest in order to make their functioning more effective.

(3)By Implementing Regulation (EU) 2020/35 (the ‘end-use Regulation’)(5), the Commission revoked the adjustment previously made to the administration of the TRQ in product category 4, as it had proven impracticable.

2. THE SECOND REVIEW PROCEDURE

(4)According to Article 8 of the definitive Regulation, the Commission may review the measures in case of change of circumstances during the period of imposition of the measures.

(5)On 14 February 2020, the Commission initiated the second Review of the safeguard measures by publishing a Notice of Initiation(6) in which it invited interested parties to make their views known and submit evidence concerning five grounds of review(7).

(6)Due process took place under a two-stage written procedure. In the first stage, the Commission received around 90 submissions. In the second stage, interested parties were also allowed to rebut other parties’ initial submissions. The Commission received over 30 additional submissions.

(7)The written phase of the proceeding ended on 18 March 2020, while the Union and other countries were imposing strict lockdowns and confinements to stop the spread of the COVID-19 pandemic.

(8)In order to take into account in the framework of the Review the economic effects of this unexpected development resulting in a drastic change of circumstances in the functioning of the Union steel market and the current safeguard measures, on 30 April 2020 the Commission opened an additional and extraordinary period for interested parties to submit their views on the economic effects of the COVID-19 pandemic on the steel market.

3. FINDINGS OF THE INVESTIGATION

(9)Following an in-depth analysis of all the submissions received, the Commission arrived at the following conclusions. They are organized in six different sub-sections. The first concerns the economic effects of the COVID-19 pandemic (Section 3.1 below), the following five (Sections 3.2 to 3.6) corresponding to the five grounds of review identified in the Notice of Initiation of the second Review, namely: A) Level and allocation of TRQs; B) Crowding out of traditional trade flows; C) Potential detrimental effects in achieving the integration objectives pursued with preferential trading partners; D) Update of the list of developing WTO member countries excluded from the scope of the measures based on updated import statistics concerning 2019; and E) Other changes of circumstances that may require an adjustment to the level of allocation of the TRQ.

3.1. The effects of the COVID-19 pandemic on the Union steel market and the functioning of the current safeguard measures

Comments from interested parties

(10)The Commission received about 200 submissions on the economic effects of the COVID-19 pandemic and its impact on the functioning of the current safeguard measures. The large majority of them were from exporters, importers, users and traders. Several exporting countries, as well as associations of the Union steel producers industry (‘the Union industry’) and downstream steel users also submitted comments.
(11)A large majority of the comments strongly opposed the request made by the Union industry to drastically reduce the volume of TRQs. These comments indicated that this reduction of TRQs would not only constitute a de facto ban on imports in violation of WTO rules, but would also be contrary to the Union interest, since it would ignore the interest of the downstream markets where steel manufacturing activities would be very negatively impacted. Several parties also stressed that additional changes to the administration of TRQs would be totally unjustified and considered that the elimination of the carry-over mechanism of unused quotas from one quarter to another would make the measures more restrictive in violation of WTO rules. Many parties highlighted that the impact of the COVID-19 pandemic is still uncertain and difficult to predict, and will have different effects depending on the steel segment. Some parties therefore suggested to postpone any adjustments until there is clarity about the impact, and alerted that a reduction in the level of TRQs would compromise supply contracts already concluded.

Commission position

(12)When the Commission adopted the first package of adjustments to the Union steel safeguard measures in October 2019, the forecast for the steel industry indicated a decline in demand as the global economy was gradually slowing down. Apart from an adaptation of the liberalisation pace to this predicted slowdown of growth, the Commission also introduced several other adjustments aimed at preserving traditional trade flows and preventing that certain export origins crowded others out in the use of the TRQs available under the measures in a progressively deteriorating economic context.
(13)It was unpredictable at that time that several months later, the COVID-19 pandemic would plunge the world economy into the most severe recession since the Global Financial Crisis of 2008. The strict controls decreed by the authorities all over the world to mitigate or suppress the disease since the outbreak of the pandemic during the first quarter of 2020 were taking a heavy toll. The economic effects of the lockdown and confinement measures have been immediate and harsh. The magnitude and sharpness of the economic shock has been very significant in terms of output, fixed investment, lay-offs, and demand.
(14)According to Oxford Economics, global GDP is expected ‘to contract by almost 7 % in the first half of the year, almost double the decline recorded during the global financial crisis, this reflects broad-based revisions across the major economies’(8). This contraction is underway in all major industrial sectors and orders have dried up completely. In March 2020, the J.P.Morgan Global Composite Output Index fell to a 133-month low of 39,4, and the month-on-month drop in the index level (6,7 points) was the second steepest in the series history(9). ‘The severity of the impact was emphasized by series-record month-on-month declines in the levels of indices tracking output (down 10,1 points), new orders (down 9,4), outstanding business (7,3 lower), new export orders (down 10,4) and future activity (13,1 lower)’(10). The IHS Markit Global sector PMI published in May confirms this impact and shows record falls in output in every sector monitored except healthcare services(11).
(15)Union steel producers predict a stalling demand with falls in southern Europe exceeding 60 % and in northern Europe around 50 % during the second half of 2020, mainly driven by a dramatic slump in demand in the automotive segment of around 80 % as a result of a sharp decline in its vehicle sales and production. This is in line with the findings of Morgan Stanley in its recent report on the steel sector(12) which notes that ‘steel end markets are facing severe disruption with automotive demand (18 % of Union steel demand) plummeting by 40-85 % YoY in March, while Construction, Oil & Gas and Aerospace segments are also facing severe headwinds’. The above-mentioned lasting slump in the demand for steel appears to be plausible and corroborated by the evolution of the seasonally adjusted Global Steel Users PMI, which is a composite indicator designed to give an accurate overview of operating conditions at manufacturers identified as heavy users of steel. This indicator fell to a 133-month low of 43,7 in April, from 49,3 in March, driven by the stalling demand both on domestic and export markets, the latter declining at the fastest rate since the end of 2008(13).
(16)The ensuing severe economic damage will be recorded by companies and countries during the first half of 2020. A change in trend can only be expected in the late second quarter with a possible rise in activity in very few countries, if any. The Spring 2020 Economic Forecast of the European Commission predicts a deep and uneven recession and an uncertain recovery, with the unemployment rate in the Union rising from 6,7 % in 2019 to 9 % in 2020 and then fall to around 8 % in 2021(14).
(17)The economic forecasts for the remaining duration of the safeguard measures ending on 30 June 2021 are bleak. The Spring 2020 Economic Forecast of the European Commission also predicts that the Union economy will contract by 7,5 % in 2020 and grow by around 6 % in 2021. Therefore, the EU economy is not expected to have fully made up for the crisis losses by the end of 2021. Investment will remain subdued and the labour market will not have completely recovered(15). Growth projections of the Commission for the Union and euro area have been revised down by around nine percentage points compared to the Autumn 2019 Economic Forecast.
(18)The gravity of the massive economic fallout resulting from the COVID-19 pandemic is nevertheless difficult to predict at this stage. As Oxford Economics notes ‘the key uncertainty now is not the size of the falls in the second half of 2020, but the speed and timing of the subsequent recovery(16)’. In its recent uncertainty analysis, IHS Markit notes that uncertainty rockets to General Financial Crisis levels and describes how ‘firms are now more fearful than ever of a recession and largely expectant that the downturn will persist throughout the coming year’(17).
(19)Although since mid-May 2020 countries have started to implement exit strategies for the more stringent pandemic control measures, there are indeed still many uncertainties about the recovery. First, it is difficult to calibrate at this stage with clarity the depth of the damage caused to the national industries and the domestic and international supply chains. Second, it is not excluded that new virus waves appear later in the year, as controls are progressively eased, which could lead to successive reinstatements of lockdowns and confinement measures including in a stop and go sequence that could nip the recovery in the bud and cause more lasting damage.
(20)In the light of the forgoing analysis, the Commission finds that the economic shock produced by the COVID-19 pandemic represents a fundamental and exceptional change in circumstances drastically impacting the functioning of the steel market within the Union and worldwide. For this reason, the Commission considers it necessary to carefully take into consideration the economic effects of the COVID-19 pandemic when shaping the adjustments under the second Review of the safeguard measures.
(21)As previously explained, in the first Review of the safeguard measures, as a result of an already observed downturn in the steel market contrary to the expectations at the time of adopting the definitive measures, the Commission had introduced adjustments to remedy limited crowding-out effects observed during the first year of measures. However, those effects will be further exacerbated in the current economic context in the absence of adjustments.
(22)Whereas the economic shock of the pandemic has been relatively symmetric, in that the pandemic has affected all countries in the world with sudden and very significant output and demand falls, the strength of the rebound in 2021 is likely to be asymmetric. This will depend not only on the evolution of the pandemic in every country, but also on the structure of the national economies and their capacity to respond with recovery policies.
(23)In the current situation of slump in demand and ensuing drastic reduction in sales affecting virtually all steel product categories, coupled with a horizon of high uncertainty and likely strong geographical asymmetries in the speed and timing of the recovery, it is plausible to expect(18) that some exporters of steel to the Union will adopt an even stronger aggressive commercial behaviour to ‘empty the market’ to the detriment of other market participants when activity resumes after the pandemic.
(24)In particular, it is reasonable to expect(19) that some exporters, notably in geographical areas resuming activities comparatively earlier than others, will frontload sales in the Union market more forcefully than in the past to first exhaust country-specific quotas as early as possible, and be ready to immediately tap into the residual quotas when they become available.
(25)This opportunistic behaviour of exporters from certain origins risks more than ever displacing other market participants and unduly occupy market shares that in normal circumstances would correspond to other traditional trade flow areas or to domestic production. This is a real risk, as exporters will desperately try to gain larger shares of a smaller market to make up for absolute sales losses due to depressed demand.
(26)Apart from endangering the preservation of traditional trade flows in terms of origins, the above-mentioned opportunistic behaviour, unduly displacing traditional trade flows and domestic production, is also liable to causing very serious imbalances in the Union steel market, which could ultimately compromise the remedial effects of the original safeguard measures in terms of protection against a new sudden surge of imports.
(27)In these circumstances, in order to guarantee an orderly return to the market of all suppliers, both domestic industry and exporters, and minimise undue opportunistic conduct, the Commission considers it necessary to introduce two general adjustments to the TRQs administration. The first one is to move to a quarterly, rather than yearly management of all country-specific quotas; this adjustment, whilst preserving the total volumes per product category, will ensure a more stable flow of imports and minimise the risk of undue import surge during the remaining duration of the measures. A second complementary adjustment is to introduce a refined regime for the access to the residual quota of countries benefiting from country-specific quota. This adjustment will ring-fence, where appropriate, the use of the residual quota for the incumbent smaller exporting countries falling within this global section of the TRQs, and will minimise the risk that they are crowded out by those exporters enjoying country-specific quotas. These two adjustments will be developed further below in Sections 3.2 and 3.3 respectively.

3.2. Level and allocation of TRQs

(28)Under this Section the Commission assessed whether the current level and allocation of TRQs, including their management, is appropriate. As indicated in the Notice of Initiation, apart from the comments and evidence submitted by interested parties, the Commission paid particular attention in its assessment to the development of the TRQs use over the second year of measures(20), which has been the object of daily monitoring for all twenty six-product categories.

Comments from interested parties

(29)Most interested parties submitted comments on this aspect of this Review. Many of them, notably exporting producers, third-country governments, users, and importers requested either an increase in the level of TRQs or a different allocation system for the product categories of their concern. Those requests included the change of the reference period to calculate the TRQ levels to benefit from a higher quota. Some interested parties asked the Commission to change the basis for allocating a country-specific quota, by either increasing or decreasing the current 5 % threshold.
(30)On the other end, the Union industry advocated for a number of adjustments in the opposite direction. Most notably, the Union industry requested that the TRQs are administered on a quarterly basis, and that the unused volumes in one quarter are not transferred to the next quarter. In the framework of the exceptional reopening of the written phase for receiving comments on the economic effects of the COVID-19 pandemic, the Union industry asked for the level of TRQs to be reduced up to 75 % to cater for the devastating economic effects of the pandemic. Many interested parties strongly opposed this request, arguing that it would be incompatible with WTO rules and unduly affect the downstream industry in the Union.

Commission position

(31)The Commission notes that even in the last quarter of the second year of measures (data analysed until 15 May 2020), the overall level of TRQs remained largely unused(21), with quotas available in every product category. In view of the observed pace and trend of TRQs use after more than three quarters of the period have already lapsed, and in the prevailing economic context of growth stalling described in Section 3.1 above, the Commission considers it very unlikely that, in the remainder of the last quarter, the TRQ use would accelerate. To the contrary, the most recent import trend and demand outlooks indicate that until the end of the period, i.e. 30 June 2020, the pace of imports could be even further reduced. Moreover, as stated in recital 15 of the first Review Regulation, in the first year of measures, when the situation in the market was more stable and demand was sustainable as compared to the current situation, around 3,2 million tonnes free-of-duty TRQs remained unused(22).
(32)Against this background, the Commission considers that the TRQ levels in place did not unduly restrict trade flows during the second year of measures, but allowed a level of imports proportionate to the needs of the Union market.
(33)In reaction to the requests for an increase of the TRQ levels, the Commission notes that the submissions made by interested parties did not show that demand in the Union steel market would increase in any such way so that actual TRQs create a shortfall of supply in the market. To the contrary, as described in detail in Section 3.1, the trend rather points to the opposite direction. Lastly, the Commission also notes that the reference period used to calculate the TRQs constitutes one of the pillars in the design of the measures set ab initio by the definitive Regulation, and that the scope of the Review does not cover the substantial modification of the basic structure of the measures. Rather, its objective is to assess whether any specific adjustments to the management of the TRQs are necessary. The Commission thus rejects those requests.
(34)Notwithstanding the above, the Commission considers it necessary to introduce a series of adjustments and refinements to the management of the TRQs in order to adapt it to the evolution of the market and better ensure the functioning of the safeguard measures. Those adjustments are both horizontal in nature and specific to certain product categories.

3.2.1. Horizontal adjustment: Quarterly administration of all country-specific quotas

(35)The Review investigation showed that several exporting countries continued to have a very aggressive export behaviour in numerous product categories during the second year of measures. These countries exhausted several (or most) of their annual country-specific quotas abnormally quickly (in some cases just within a few months from the beginning of the period). A yearly country-specific quota was even exhausted on the very first day of the second year of measures.
(36)This behaviour created in those product categories a situation whereby a disproportionally heavy influx of imports concentrated at a rather early stage of the yearly period. This influx subsequently slowed down until the beginning of the last quarter of the period, when a new peak of imports took place again, coinciding with the moment when countries benefitting from a country-specific quota are allowed to tap free of duty into the available residual TRQ. The Commission considers that this behaviour is causing important imbalances and prevents a smooth functioning of the market.
(37)In the situation of extreme uncertainty, slump in demand and ensuing drastic reduction in sales affecting virtually all steel product categories described in detail in Section 3.1, the Commission considers very likely that the above-mentioned exclusionary exporting behaviour will be further exacerbated. Exporters, under these exceptional circumstances, will adopt a very aggressive and opportunistic behaviour vis-a-vis other competitors with a view to recovering lost sales. Under this opportunistic behaviour, it is reasonable to expect that exporters in the strongest exporting countries will try to frontload sales to ‘empty the market’. Such opportunistic commercial behaviour is the most important risk for the adequate functioning of the safeguard measures, as it would cause very serious disturbances in the market and, in the absence of remedial action, risks unduly displacing traditional trade flows and domestic production, thereby offsetting the effet utile of the safeguard measures in place.
(38)Since the imposition of definitive measures, country-specific quotas have been administered on a yearly basis, that is to say, the whole underlying volumes were made available to exporters at the beginning of each annual period without time restrictions for their use within a given period, by contrast with the residual quotas that were administered quarterly. The introduction of time limitations appeared to be at the time an unnecessary and a cumbersome administrative burden interfering with the normal market functioning.
(39)However, following the review investigation, the Commission considers that the current annual administration of the country specific quotas would not be effective in preventing the disturbances on the Union steel market identified above, which would be exacerbated by the expected opportunistic behaviour of some exporters. These disturbances would not only run counter to the interest of the majority of exporting countries, but would also very negatively affect the economic situation of the Union steel industry, thus undermining the effectiveness of the measures.
(40)Accordingly, the Commission decided that the country-specific quotas be administered quarterly as well. This adjustment will ensure a more stable flow of imports and minimise the existing very high risk that the opportunistic conduct of exporters conflicts with the legitimate interest of other market participants throughout the next period of measures, i.e. 1 July 2020 to 30 June 2021.
(41)This adjustment will have a positive stabilizing effect on the market, since it will avoid massive stockpiling at the beginning of a period, as it was already detected in the past in several product categories. The adjustment will allow those producers both in the Union and in third countries that have seen their ability to operate significantly restricted during the COVID-19 and which have been allowed to resume operations after the lockdowns comparatively later than others to compete in a more level playing field when demand recovers.
(42)It should finally be mentioned that the Commission does not find any reasons to stop the carry-over of unused volumes of quarterly administered quotas from one quarter to the next within the same period. Maintaining the carry-over mechanism ensures that the TRQ use can adapt to the evolution of demand throughout the year, without unduly creating disturbances in the market.

3.2.2. Specific adjustments to individual product categories

(a)Category 1 (Hot-rolled flat products)
(43)As explained in recital 149 of the definitive Regulation and in recitals 17 to 19 of the first Review Regulation, this product category was subject to a global TRQ only. This was an exception to the otherwise preferred system, applied to almost all other product categories, of a combination of country-specific quotas for the largest historical suppliers with residual quotas for the rest.

Comments from interested parties

(44)With respect to this product category, several interested parties have requested to reduce the 30 % cap per country of origin to 20 %, while others have advocated for an elimination of the cap and restoring the situation preceding the first Review.

Commission position

(45)The review investigation revealed a number of developments based on which, the Commission considers that an adjustment to the TRQ management in this product category is necessary. In the first place, the investigation confirms that the TRQ use in this category has experienced a consistent sharp decline throughout the period (see Graph 1 below), reaching an average use of 54 % during the second and third quarter of the second year of measures(23).

(46)At the end of the third quarter, the cumulated unused quota since the beginning of the second year of measures reached a volume of over 1,5 million tonnes (see Graph 2 below). Moreover, the data available until mid-May 2020 shows a much more dramatic reduction in the import levels in this product category, with only 16 % of the TRQ used. This represents more than 3 million tonnes of unused TRQ only six weeks before the end of the quarter. Thus, the trend of imports in this product category, which accounts for around one third of the historical import volumes of the twenty-six product categories subject to safeguard measures, is a relevant indicator of the current steep downward trend of demand in the EU steel market.

(47)The Commission also notes that this substantial reduction in TRQ use took place in a period that was not yet affected by the shock of the COVID-19 pandemic. Thus, this strongly suggests that it is very unlikely that any future recovery of Union demand in the course of the third year of measures would be of such a magnitude so as to eventually reach a full or very high TRQ use in this product category.
(48)Against this background, the Commission finds that the risk of potential shortage of supply it tried to prevent with the globalisation of the TRQ under the definitive measures does no longer exist in the current circumstances. Accordingly, the Commission decided to discontinue the exceptional global administration of the TRQ in this product category and apply the default system of combined country-specific and residual quota, which is in place for almost all other product categories.
(49)Therefore, as from 1 July 2020, the TRQ for product category 1 will consist of country-specific quotas for those countries whose level of imports in this category reached at least 5 % in the relevant reference period 2015-2017(24), and of a residual global quota for the rest. This TRQ will be administered quarterly, as explained in Section 3.2.1 above. The cap of 30 % share for any exporting country will nevertheless continue applying to the use of the residual quota in the fourth quarter to prevent crowding-out effects(25).
(50)The Commission continues to consider that the default TRQ system combining country-specific and residual quotas is the most suitable system to ensure the preservation of traditional trade flows in terms of both volumes and origins(26). Therefore, it is in the overall Union interest to implement it in this product category as soon as the conditions for it have occurred.
(b)Category 8 (Stainless steel hot-rolled sheets and strips)
(51)Since the previous review investigation, the Commission has observed that several important changes affecting this category took place. First, on 8 April 2020 the Commission imposed provisional anti-dumping measures on imports of this product category originating in the People’s Republic of China, Indonesia and Taiwan.(27) Second, the Commission has confirmed a consistent very low use of the country-specific TRQ by the USA(28). As a result, four out of the five largest exporting countries under this category are currently subject to different trade measures. It is therefore expected that those countries would not continue exporting to the Union at their historical levels.

Comments from interested parties

(52)Some interested parties asked the Commission to introduce a cap in the residual quota for this category. Other interested parties asked that the Commission transfer to the residual quota those volumes of country-specific quotas showing very low use level.

Commission position

(53)Based on the changed circumstances described in recital 51, which risks producing a shortfall of supply on the Union market for this product category, and in line with the approach taken in other product categories since the adoption of definitive measures, the Commission finds it in in the Union interest to transfer the volumes of the country-specific quotas of all countries subjected to different types of trade defence measures(29) into the residual TRQ. This adjustment will ensure that traditional trade volumes are not affected by the current measures and that Union users have enough flexibility for switching supplying origins, should that be necessary.
(54)Therefore, the TRQ for product category 8 will become a global TRQ administered on a quarterly basis as from 1 July 2020.
(c)Category 25 – Large welded tubes
(55)The Commission recalls the rationale for globalizing this TRQ and refers to the explanations provided in recitals 54 to 59 of the first Review Regulation.

Comments from interested parties

(56)Certain interested parties requested changes in this category. In particular, parties have asked to revert to a system of combined country-specific and residual quotas. In addition, some parties have also requested to split this TRQ into two sub-categories to better address the specificities of the products grouped under this category.

Commission position

(57)In its analysis under this second Review, the Commission observed (based on a set of data not available at the time of the first Review investigation) a rather abnormal pattern of import flows(30) under this single category, which differs significantly from the traditional trade flows in terms of volumes and origins and which risk producing imbalances on the Union market.
(58)The Commission notes that over 70 % of the total TRQ volume of this category corresponds to historical trade flows stemming from a number of product types mainly used in large engineering projects. By contrast, the actual use of the TRQ in this product category shows that certain countries are using it to export product types not used in large engineering projects increasingly well beyond their traditional trade volumes (in some cases with a tenfold increase) at the expense of other market players, domestic and exporting countries alike. Consequently, the Commission considers that the current system of the TRQ management has led to an undue crowding-out situation.
(59)In the absence of an adjustment, should there be large engineering projects requiring specific tubes in the course of the third year of measures, they run the risk of not being able to procure all the volumes of TRQ that should correspond to these special tubes, as they would be crowded out by other imports.
(60)Accordingly, the Commission finds it necessary to introduce an adjustment to the current design of the quota to prevent the above-mentioned unwanted imbalance from happening. The most appropriate way to deal effectively with the above situation is to split this category into two: a first sub-TRQ (category 25A) should then include those CN codes that are normally used in large engineering projects(31), and a second sub-TRQ (category 25B) the remainder CN codes not used in such projects(32). The split is simple and does not appear to create any disproportionate burden for the custom authorities.
(61)As to the administration of these subcategories, product category 25A will consist of a single global TRQ to allow equal opportunities for all potential tenderers in large-scale projects as described in the first Review Regulation(33). Product category 25B will consist of country-specific quotas for those countries reaching an average import share of at least 5 % in the reference period 2015-2017, and a residual quota for the rest.
(62)The Commission considers that the split of the TRQ for this product category would reflect more accurately the historical import flows corresponding to the two sub-categories of tubes and, in this way, ensure a fairer functioning of the quota. The split will guarantee the availability of the necessary volumes for any large-scale engineering project in the Union during the remaining lifetime of the measures, which otherwise would have been crowded out by other product types. Such imbalance runs counter the Union interest and the objective to preserve under the safeguard measures as much as possible traditional trade flows in terms of volumes and origins.
(d)Category 4B (Metallic coated sheet used primarily in the automotive sector)
(63)In recital 8 of the end-use Regulation, the Commission noted that ‘[it] remains of the view that, in the Union interest, a specific mechanism, either the end-use procedure (once the implementation issues are resolved), or an alternative system, however set up, may be required at a later stage in order to ring-fence imports of automotive steel grades under product category 4B. These issues will accordingly, be re-assessed in the context of a future review investigation, based on the comments and proposals made by the interested parties, as well as other developments affecting this product category’.
(64)Accordingly, the Commission has carefully analysed the comments received with regard to any proposal for a specific mechanism in this product category.
Comments from interested parties
(65)Interested parties submitting comments on this category generally agreed that it was important that the necessary import volumes of steel intended for automotive use were preserved. To this end, they submitted different requests. Some interested parties asked to identify the imported products for use in the automotive sector by means of a ‘self-declaration’ or to admit the release for free circulation only on production of a ‘document of entry’ issued by the competent authority designated by Member States and based on an application by an Union importer. Interested parties also asked to reallocate unused TRQ volumes from category 4A into category 4B and to introduce a 30 % cap in the last quarter of a period, to avoid that non-automotive grades continue using up part of the TRQ, thus displacing automotive grades. Lastly, some interested parties requested the Commission to devise an alternative system to the end-use, but serving the same purpose, and even to reinstate the end-use mechanism, while others frontally opposed having the end-use mechanism back in place.
Commission analysis
(66)First, the Commission remains of the view that it would be desirable to explore alternatives to ring-fence further, if feasible, the imports of automotive steel under category 4B. In this spirit, the Commission carefully assessed the proposals received and reached the following conclusions.
(67)The implementation of the end-use mechanism did not work as expected, as described in detail in the end-use Regulation. The Commission did not see any evidence indicating that the circumstances that led to its revocation have changed, so that reintroducing such mechanism would be an effective solution. Consequently, the Commission has thus considered that reintroducing the end-use mechanism is not appropriate.
(68)The Commission also notes that despite the possibility to provide observations on other parties’ comments, there was no proposal attracting a minimum level of support amongst the stakeholders concerned across Member States. The Commission recalls, drawing from the experience of the end-use mechanism, that in order to implement an alternative effective mechanism in this product category, it is fundamental that all the participants in the complex chain of supply to the automotive sector unequivocally commit to cooperate across Member States to make it viable. The Commission therefore finds that none of the alternative ring-fencing mechanism proposed appears to mobilise a majority of participants so as to have possibilities of success.
(69)Accordingly, the Commission decided not to implement any new particular mechanism for this product category and avoid the very negative effects the lack of sufficient adherence could once more produce.
(70)The Commission would like to highlight with satisfaction that obtaining the end-use authorization is feasible when there is an effective cooperation amongst all the relevant stakeholders. The Commission refers to the specific situation of an interested party that has received the end-use authorisation by the authorities of an EU Member State at the end of April 2020. Unfortunately, the Commission cannot implement in an effective manner a specific management of the TRQ that would only be applicable for one company.
(71)Second, when looking into the use of the TRQ for category 4B, the Commission has observed a massive influx of imports entering the Union market upon the opening of the residual quota in the fourth quarter on 1 April 2020, which quickly exhausted the residual quota initially available. This situation resembles that of 1 July 2019, when the new quotas for the second year of measures were open and a yearly country-specific quota was exhausted within one day. In this respect, several interested parties continued to warn the Commission that most of these volumes would not be serving the Union automotive industry. With respect to those claims, the Commission notes that no other interested parties contested the submissions made in this regard. Moreover, the Commission recalls that it is conducting an anti-circumvention investigation on imports of this product category from the PRC based on sufficient evidence supporting the veracity of the claims that imports under category 4B may actually not correspond to this product category.
(72)Accordingly, the Commission considers it necessary to introduce an adjustment to avoid that unusually large volumes of non-automotive types of category 4 continue unduly displacing the traditional supply flows to the EU automotive industry. This adjustment is developed in Section 3.2.3 below.
3.2.3. ‘Crowding out’ of traditional trade flows
(73)In recital 150 of the definitive Regulation, the Commission established that those countries having exhausted their country-specific quota would be able to access the residual quota in the last quarter of a period. The objective of such mechanism was to avoid that volumes of the residual quotas would potentially remain unused. In recitals 85 to 98 of the first Review Regulation, the Commission assessed the functioning of this feature, identifying certain crowding out effects and, accordingly, adjusted the functioning of this feature of the measures for two product categories(34).
Comments from interested parties
(74)In the framework of the present Review, many interested parties submitted comments and proposals to address the alleged crowding out effects that would be taking place in numerous product categories. Some parties requested the imposition of caps on certain product categories to those countries accessing the residual quotas in the last quarter. Some parties also requested to reduce the existing cap levels in two product categories, and to eliminate altogether the possibility of countries accessing the residual quota in the last quarter of a period. In the same vein, other parties suggested to impose a cap for the use of quotas (country-specific or residual) by a specific country and to allow access to the residual quota only with respect to the unused carryover volumes transferred from the previous quarter.
(75)On the opposite side, other parties asked to eliminate the caps and allow unrestricted access in the last quarter, or at the very least, maintain the status quo. Furthermore, some parties requested that countries benefitting from a country-specific quota should be allowed to access the residual quotas immediately, as soon as the former is exhausted, without awaiting to the last quarter of a period.
Commission position
(76)By contrast with the first Review investigation, the Commission can assess under the second Review a substantially longer period of application of the definitive measures to carry out its analysis: five quarters’ data are available(35). Therefore, the Commission has now been able to assess in a more precise and reliable manner what the actual trends of imports, in volumes and origins, have been under the residual quotas on a category-by-category basis.
(77)In the first place, the Commission has been able to assess what the typical residual quota use per quarter is by the countries that are the incumbent beneficiaries of this section of the TRQ. In this respect, the Commission has, on the one hand, calculated the average residual quota use (overall and per origin) in each of the four quarters where the countries benefitting from a country-specific quota could not access the residual section yet. On the other hand, the Commission has checked this typical use against the actual use (overall and per origin) in the fourth quarter when indeed the bigger exporting countries could tap into the residual section of the TRQ(36).
(78)Based on the above-mentioned comparison, the Commission has reached the conclusion that the access to the residual quota in the fourth quarter of a period cannot continue being the default regime, because it is causing undue crowding out effects to different extents in several product categories. Instead, the access to the residual quota in the last quarter of a period should be allowed, or not, on the basis of the actual typical use by the incumbent beneficiaries of the residual quota, as described in the preceding recital.
(79)In order to shape the access regime to the residual quota in the fourth quarter of a period in an effective and proportionate way, the Commission considers it appropriate that the adjustments apply only to those product categories where negative crowding-out effects have been identified. In this spirit, the Commission has devised three different regimes corresponding to three different access regimes to the residual quota for all the product categories. These three regimes depend on the degree of crowding out effects observed, except for categories 1, 4B, 8 and 25A, which have their proper TRQ administration regime (see, respectively, Section 3.2.2.a and Section 3.2.3.d, Section 3.2.2.d and Section 3.2.3.d, and Section 3.2.2.c and Section 3.2.3.d).
Regime 1: No further access
(80)In a number of categories, smaller supplying countries have consistently showed across the quarters assessed that they are self-sufficient to make full or very high use of the volumes available under the residual quota. In addition, the observed behaviour in these categories of larger exporting countries during the fourth quarter has clearly created an undue displacement of all or several historical volumes of the smaller supplying countries. In this case, with a view to preserving traditional trade flows in terms of origins in an effective manner, the Commission considers it necessary to prohibit countries benefitting from country-specific quotas to further access the residual quota in the fourth quarter during the third year of measures. No further access will apply to categories: 5, 16, 20, and 27(37). The past track of average use per quarter of the residual quota clearly indicates in these categories that the risk that a proportion of it remains unused is very low.
Regime 2: Limited access
(81)In a series of other categories, the average quota use shows that while the incumbent supplying countries under the residual quota make reasonable use of it, they alone are not able to make full or high use of the available volumes. Therefore, the access in the fourth quarter by larger exporting countries continues to be justified. Nevertheless, the detailed analysis of the use of the residual quota in these cases shows that the unrestricted access achieves a final balance in terms of origins that is unfair. In particular, it was a common observed feature that the import share of the incumbent smaller supplying countries in the fourth quarter was always notoriously below their average in previous quarters. This imbalance was the direct result of the exclusionary presence of those larger exporting countries that had exhausted their country-specific quotas, thus resulting in undue crowding out effects that run counter the Union interest to preserve trade flows as much as possible in terms of origins(38).
(82)Therefore, with a view to ensuring that the necessary entry in these cases does not produce undue displacement of the traditional trade flows from the incumbent smaller supplying countries, the Commission considers it appropriate to limit the access to the residual quotas by countries benefiting from exhausted country-specific quotas. This access will be limited to only those volumes exceeding the average quota used by the smaller supplying countries during the four quarters(39). This adjustment will apply to product categories: 10, 12, 13, 14, 15, 21, 22, and 28(40).
Regime 3: Status quo is maintained
(83)For the remaining categories, the Commission considers that based on the trends observed, which do not show any undue displacement of origins, it is in the Union interest to continue the status quo, that is to say, allowing the access in the fourth quarter without limitation for the beneficiaries of exhausted country-specific quotas. Nevertheless, in order to secure the preservation of trade flows from the incumbent beneficiaries of the residual quota, unused carried forward quotas will be ring fenced for them. This unlimited access will then apply to Categories: 2, 3A, 3B, 4A, 6, 7, 9, 17, 18, 19, 24, 25B, and 26(41).
Special cases: Product Categories 1,4B , 8 and 25A
(84)The approach described above cannot be applied, for different reasons, to product categories 1, 4B, 8 and 25A.
(85)Since the imposition of definitive measures and up to the enforcement of the new adjustment under this Review, product category 1 was subject to a system of global TRQ. This prevents the type of crowding out analysis carried out for the product categories under a) to c) above.
(86)Nevertheless, under the first Review Regulation, the Commission had decided that a 30 % cap per quarter allowed preserving as much as possible traditional trade volumes in both volume and origin terms. On the same grounds, the Commission considers that the maintenance of the 30 % cap of the initially available residual quota at the beginning of the fourth quarter continues being the best appropriate means to prevent that the countries that will benefit from country specific quota in this category after the individual adjustment decided under this Review crowd out the incumbents of the newly created residual quota.
(87)Regarding product Category 4B, the end-use mechanism was in place across two quarters: October-December 2019 and partially during January-March 2020. Since the imposition of this mechanism, exporting countries encountered serious obstacles to export to the Union. Consequently, the level of imports was abnormally low. The Commission thus does not have the same longer data set to carry out the crowding out assessment as for the product categories under a) to c) above.
(88)Nevertheless, the data available from the fourth quarter of 2019 and of 2020 unequivocally show that some crowding out effects are taking place. In fact, early into both quarters, virtually the full amount of the residual quota was used by only one exporting country benefitting from a country-specific quota. Therefore, to prevent undue crowding out effects and preserve historical trade flows in terms of origins, the Commission considers it appropriate to introduce a 30 % cap in this category by reference to the amount initially available at the beginning of the fourth quarter for the access of countries benefiting from exhausted country-specific quotas.
(89)Lastly, since categories 8 and 25A will consist as of 1 July 2020 of a global TRQ only, this system does not apply to them.
3.2.4. Potential detrimental effects in achieving the integration objectives pursued with preferential trading partners
(90)In the definitive Regulation, the Commission committed to assessing whether the functioning of the steel safeguard measures causes any substantial risk to the stabilization or economic development of certain preferential trading partners to an extent that would be detrimental to the integration objectives of their agreements with the Union. In the first Review Regulation, the Commission concluded that the safeguard measures did not cause a detrimental effect in achieving the integration objectives. The same Regulation also established in recital 106 thereof that ‘[the] countries’ ability to export to the EU was not unduly limited by the measures’.
Comments from interested parties
(91)Several interested parties, in particular third country governments, submitted comments under this section of the Notice of Initiation. Certain countries asked to be exempted from the measures or to receive a preferential treatment. In this respect, there were requests to exempt the Western Balkans from the safeguard measures, as these could affect the development of their steel industry and thereby causing a significant negative impact to their domestic economies that could compromise the objectives set out in the Stabilisation and Association Agreements (‘SAA’) signed with the Union. Furthermore, these interested parties argued that the safeguard measures would be causing a reduction in their exports to the Union, when compared to the period prior to the imposition of measures. Exporters would thus be considering temporary shutdowns of certain facilities and unpaid leave for large numbers of employees. Some countries referred to the fact that they are effectively abiding by Union State Aid rules on the steel industry and, hence, this should grant them unrestricted access free-of-duty to the Union market. Other requests for exemption or preferential treatment, affecting several third countries, were based on different provisions of the relevant bilateral agreements with the Union.
Commission position
(92)In the first place, the Commission recalls the reasoning it developed in the first Review Regulation that all bilateral agreements referred to by interested parties under this section allow the imposition of safeguard measures such as the current ones. Therefore, the Commission is under no legal obligation to exempt them from the measures. Secondly, as per Article 2 of the WTO Agreement on Safeguards, safeguard measures shall be applied to the product under investigation being imported irrespective of source. As already noted in the first review Regulation the ‘only exceptions to these rules concern the specific situation of certain developing country members, or –as the case may be– obligations deriving from bilateral agreements’. Therefore, the Commission maintains its position that there are no legal grounds to exclude any of these countries from the safeguard measures.
(93)As noted in recital 99 of the first Review Regulation, the commitment to reviewing the measures regarding the specific aspects described in recital 90, referred in particular to countries with which the Commission had concluded an SAA.
(94)With regard to these countries, the Commission has first carried out a backward-looking assessment of their export performance during the second year of measures, i.e. since 1 July 2019. This analysis shows that in those product categories where these countries benefit from a country-specific quota, they generally still had unused volumes available under their dedicated quota in the last quarter of the period. Moreover, for those product categories where they may have subsequently exhausted their country-specific quota, in the majority of the cases, including categories identified by some of these countries as critical for their industries, there were significant volumes still available under the residual quota. This means that they generally had the possibility to continue exporting beyond their historical levels in their most relevant product categories. For those product categories where, instead, these countries were subject to the residual quota, the analysis of the data did not show that the system of TRQs was overall limiting their ability to export. In fact, in certain cases, countries did de facto not encounter any limitation whatsoever under the measures to exceed their historical level of exports.
(95)The Commission has therefore concluded that the level of TRQs was adequate and proportionate to preserve traditional trade flows and that there was no evidence of substantial increase in Union demand or a change of circumstances of any other kind justifying a change in that level without affecting the effectiveness of the current measures.
(96)The Commission has also undertaken a forward-looking analysis and looked into how the adjustments included in this Regulation could potentially affect the stabilization or economic development of the Western Balkan countries. In carrying out this assessment, the Commission has taken into consideration the current market situation and outlooks for the near future as described in Section 3.1 above.
(97)In this respect, the Commission recalls, first, that contrary to the requests of the Union industry, the Commission has not reduced in this second Review the level of the TRQs, as it did not under the first Review, and second, that these TRQs will be liberalised further for the second time by a new increase of 3 % upon the entry into force of the adjustments under this second Review(42). This means that the Western Balkan countries will benefit from larger country-specific quotas and will continue to generally have access to the larger residual quotas in the last quarter, which will afford them the possibility to continue exporting beyond their historical levels, as it has been the case since the imposition of definitive measures. The Commission further notes that the new adjustments of horizontal nature regarding crowding out described in Section 3.2.3 and regarding developing country exclusions described in Section 3.2.5, will produce additional overall positive effects in some of the product categories of interest for the Western Balkans.
(98)Against this background, the Commission finds that neither the safeguard measures have caused, nor could they produce after their adjustment, any substantial risk to the stabilisation or economic development of the Western Balkan countries.
(99)The Commission finally notes that the claims made by these interested parties in their submissions failed to furnish any evidence showing, or providing any relevant indication, of such a risk.
(100)Accordingly, based on the above assessment and lacking any other evidence to the contrary, the Commission cannot but dismiss the claims made under this Section.
3.2.5. Update of the list of developing WTO member countries excluded from the scope of the measures based on updated import statistics
(101)Following the adoption of definitive safeguard measures by Regulation (EU) 2019/159, the Commission committed to reviewing, on a regular basis, the list of developing countries potentially excluded from the scope of the measures based on updated import statistics.
Comments from interested parties
(102)In the submissions received, some interested parties requested to be excluded from the measures, as a certain country would no longer exceed the 3 % threshold in a given product category. Other parties asked to make certain country subject to the measures, as it would have exceeded the 3 % threshold in a given product category. Certain interested parties asked to be excluded in a given product category, as individually, a country would be below 3 % even if the overall weight of countries in such situation would exceed a 9 % import share. Lastly, other parties considered it more appropriate to conduct the calculation based on all twenty-six product categories together.
Commission position
(103)In accordance with Article 18 of Regulation (EU) 2015/478 and the international obligations of the Union, namely Article 9.1 of the WTO Agreement on Safeguards, ‘safeguard measures should not apply to any product originating in a developing country member of the WTO as long as its share of imports of that product into the Union does not exceed 3 %, provided that developing country members of the WTO with less than a 3 % import share collectively account for not more than 9 % of total Union imports of the product concerned’. Moreover, it is in the Union interest to adapt the list of developing countries excluded from the scope of the measures to avoid that certain developing countries unjustifiably benefit from the original exclusion.
(104)Therefore, the Commission recalculated, based on the data of the full year 2019(43), the import share of each exporting country on a product-by-product category basis(44).
(105)Based on the full year 2019 data, imports from the following countries, which were excluded from the scope of the measures, exceeded the 3 % threshold in some products categories. Therefore, as a result of this review they should now be subjected to the measures:
  • Brazil is included in product category 3A, as its import share in this category reached 23 % in 2019;

  • North Macedonia is included in product category 12, as its import share in this category reached 3,54 % in 2019;

  • Tunisia is included in product category 4A, as its import share in this category reached 4,88 % in 2019;

  • Turkey is included in product category 6, as its import share in this category reached 9,77 % in 2019;

  • United Arab Emirates is included in product category 21, as its import share in this category reached 3,28 % in 2019;

  • Vietnam is included in product category 5, as its import share in this category reached 4,87 % in 2019.

(106)The Commission then assessed whether, for the above categories, the developing countries concerned would qualify for a country-specific quota. To this end, the Commission assessed whether in the period 2015-2017, the imports of these categories by the countries concerned amounted at least to 5 % of the total imports in that period in any category. The result showed that none of them qualified for a country-specific quota. Therefore, all of these countries will fall under the residual quota in the respective product categories.
(107)As regards exclusions from the scope of the safeguard measures, the outcome of this review is the following:
  • Brazil is excluded from product categories 1, 6 and 7, where its import shares in 2019 amounted to 1,53 %, 1,55 % and 2,25 % respectively;

  • Egypt is excluded in product category 1 where its import shares in 2019 amounted to 1,75 %;

  • Vietnam is excluded in product category 4A, where its import shares in 2019 amounted to 1,23 %.

(108)The country-specific quotas that would have corresponded to those developing countries members of the WTO that will be excluded from the measures following the review (Brazil in category 6 and China in category 3A), will be incorporated into the relevant residual quotas in each product category concerned as from the beginning of the first quarter of the third year of the measures, i.e. 1 July 2020(45).
(109)Following this re-calculation the Commission updated the list of exclusions based on the updated import figures for each of the 26 product categories subject to measures (the full updated list is enclosed in Annex I).

3.2.6. Other changes of circumstances that may require an adjustment to the level of allocation of the TRQ

Comments from interested parties on the liberalisation
(110)Under this review ground, the Commission received very diverse request types. The main topic was the level of liberalisation. In view of the decline in demand, the Union industry advocated for a reduction of the current 3 % and even its full elimination. On the other end, other interested parties claimed that the level of liberalisation defined by the first review Regulation should be either maintained, or even increased, whether for all product categories or for some specific product categories and/or specific origins.
Commission position
(111)The WTO Agreement on Safeguards provides in Article 7(4) that, ‘in order to facilitate adjustment in a situation where the expected duration of a safeguard measure as notified under the provisions of paragraph 1 of Article 12 is over one year, the Member applying the measure shall progressively liberalize it at regular intervals during the period of application’.
(112)In this respect, in the first Review Regulation the Commission introduced a 3 % liberalisation level effective for the second year of the measures. In that Regulation, it also established that the same level of liberalisation should apply in the third year of measures, i.e. as from 1 July 2020. The Commission analysed whether any change upwards to the current level was justified.
(113)As explained in detail in Section 3.1, virtually all sources point to a clear decrease in the economic activity in the year 2020-21 with respect to the previous years. In this respect, the Commission notes that the demand for steel largely follows the macroeconomic trends, e.g. GDP growth, of a country or economic region. Moreover, the Commission recalls the fact that significant amounts of TRQs were not used during the first year of measures and even higher volumes will very likely again remain unused at the end of the second. Therefore, in view of the current economic outlooks for the period 2020-21, the consistent significant amount of TRQs available across product categories, and the absence of any solid evidence on file pointing to any need for an increase of TRQs, the Commission cannot but reject all claims requesting an increase of the liberalisation pace.
(114)On the other hand, the Commission examined next the requests to reduce or eliminate the current level of liberalisation. The Commission considers that the wording of Article 7(4) of the WTO Agreement on Safeguards clearly binds an investigating authority to at least, preserve a liberalisation level, once it has been effectively implemented on the second year of the measures. Accordingly, for the third year of measures starting on 1 July 2020, the Commission considers that the level of liberalisation cannot be reduced below the one that was effectively in place at the end of year 2, i.e. 3 %. Therefore, the Commission rejects the requests for a reduction of the liberalisation level.
(115)In view of the above findings, the liberalisation level is thus maintained at a level of 3 % for each product category.
Other comments
(116)Several interested parties informed the Commission about alleged practices aiming at avoiding the payment of the 25 % out-of-quota duty. These alleged circumvention or misdeclaration practices would take different forms and concern several product categories.
(117)The Commission takes note of these claims and commits to analysing them further with a view to taking any necessary remedial actions if the alleged practices are confirmed. In any event, the Commission recalls that customs legislation continues to be fully applicable to address those allegations.
(118)Some interested parties asked to have a split of certain categories. In support of these claims some parties claimed that in some cases both standard and high-end product types were competing under the same TRQ and that the Commission should ensure that the right mix between the two was preserved, avoiding crowding out effects.
(119)In this respect, the Commission highlights that, following those requests, it has carried out under this second Review a very in-depth analysis of potential crowding out effects and introduced the refined adjustments described in Section 3.2.3 above to remedy them. The Commission notes that these adjustments would allow catering for many of these requests, as they will ensure that those countries supplying small amounts of high-end product types, which usually fall under the residual quota, can have a more secured access to the volumes available. Moreover, the Commission recalls that the design of the measures must strike a difficult balance between ensuring to the extent possible the preservation of traditional trade flows in terms of volumes and origins and maintaining a set of measures that the national customs authorities of Union Member States can effectively implement. The Commission considers that if a proliferation of product subcategories emerged, the implementation of the measures would risk becoming overly burdensome and undermining an effective administration of the TRQs.
(120)Some requests for a split referred specifically to the fact that certain product types were used by the automotive sector and, hence, they should receive a treatment similar of those under product category 4B. However, the Commission notes in this regard that such requests went largely ignored in the written stage by the automotive industry itself, thus casting reasonable doubts on the Union interest of adopting such adjustment.
(121)Therefore, the Commission concludes that the submissions received in this respect, with the exception of that of product category 25 mentioned before in recitals 55 to 62, failed to provide sufficient evidence in support of the claims, or to prove their feasibility to be implemented by the customs authorities without being unduly burdensome or to show how such adjustment would be in the overall Union interest.
(122)Some interested parties requested the Commission to include certain product categories within the scope of the measures, while others claimed that certain categories should be excluded.
(123)The Commission refers to its finding in recital 163 of the first Review Regulation, where it established that the scope of the review does not cover a change in the product scope. Therefore, these requests are rejected.
(124)Some parties also insisted that the measures in place did not meet the standards of the WTO Agreement on Safeguards and, hence, that they should be terminated.
(125)The Commission refers to recital 165 of the first Review Regulation and the references made therein, and thus rejects these claims.
(126)Other interested parties proposed that TRQs were administered through a licensing system.
(127)In this respect, the Commission reiterates that any system of TRQ administration needs to ensure that its implementation is not overly burdensome for the customs authorities to a point where it would risk undermining its effective application. The Commission remains of the view that the system of TRQ administration it put in place by the definitive Regulation is the most appropriate to strike an appropriate balance.
(128)Lastly, several parties inquired about the impact and any possible adjustments related to the withdrawal of the United Kingdom from the Union (‘Brexit’).
(129)The Commission notes that, at the time of the adoption the adjustments, the transition period of the withdrawal of the United Kingdom from the Union is still in place as the future agreement between the European Union and the United Kingdom is being negotiated. If necessary, the Commission will re-examine promptly the situation in view of any developments concerning this matter.
(130)Finally, the Commission notes that the present review amending the ongoing safeguard measures also complies with the obligations arising from the bilateral Agreements signed with certain third countries.
Review clause
(131)Finally, the Commission considers that, based on the Union interest, it may have to adjust the level or allocation of the tariff-rate quota as set out in Annex II for the period starting on 1 July 2020 in case of changes of circumstances during the period of imposition of the measures. The changed circumstances could, for example, materialise in the case of an overall increase or contraction in Union demand for some product categories that would require a reassessment of the level of the tariff-rate quota, the imposition of anti-dumping or anti-subsidy measures that may significantly affect future import developments, or even any development concerning the US Section 232 that may have a direct impact on the conclusions of this investigation, namely in terms of trade diversion. The Commission may also review whether the operation of the measures could have detrimental effects in achieving the integration objectives pursued with preferential trading partners, such as substantially risking their stabilisation or economic development.
(132)The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safeguards established under Article 3(3) of Regulation (EU) 2015/478 and Article 22(3) of Regulation (EU) 2015/755 respectively,

HAS ADOPTED THIS REGULATION:

Article 1U.K.

Regulation (EU) 2019/159 is amended as follows:

(1)

Article 1 is amended as follows:

(a)

paragraphs 2 and 3 are replaced by the following:

2.For each of the product categories concerned, and with the exception of product categories 8 and 25a, a part of each tariff-rate quota is allocated to the countries specified in Annex IV.

3.The remaining part of each tariff-rate quota, as well as the tariff-rate quota for product categories 8 and 25, shall be allocated on a first-come-first-served basis, based on a tariff-rate quota established equally for each quarter of the period of imposition.;

(b)

paragraph 5 is replaced by the following:

5.Where the relevant tariff-rate quota under paragraph 2 is exhausted for one specific country, imports from that country for some product categories can be made under the remaining part of the tariff-rate quota for the same product category. This provision shall only apply during the last quarter of each year of application of the definitive tariff-rate quota. For product categories 5, 16, 20 and 27 no further access to the remaining part of the tariff-rate quota will be allowed. For product categories 10, 12, 13, 14, 15, 21, 22 and 28 only access to a specific volume within the tariff-rate quota volume initially available in the last quarter, will be allowed. In product categories 1 and 4B no exporting country shall be allowed to use, on its own, more than 30 % of the residual tariff-rate quota volume initially available in the last quarter of each year of application of measures. For product categories 2, 3A, 3B, 4A, 6, 7, 9, 17, 18, 19, 24, 25b and 26 the access will be allowed over the total tariff-rate quota volume initially available in the last quarter in the respective product categories;

(2)

the Annexes are amended as follows:

(a)

Annex III.2 is replaced by Annex I to this Regulation;

(b)

Annex IV is replaced by Annex II to this Regulation.

Article 2U.K.

During the period set out in Annex II for the period starting on 1 July 2020 the Commission may review the measures in case of change of circumstances.

Article 3U.K.

This Regulation shall enter into force on 1 July 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 June 2020.

For the Commission

The President

Ursula von der Leyen

ANNEX IU.K.

ANNEX III.2III.2 – List of product categories originating in developing countries to which the definitive measures apply

Country / Product group123A3B4A4B567891012131415161718192021222425262728
BrazilXXX
ChinaXXXXXXXXXXXXXXX
IndiaXXXXXXXXXXXXXXXX
IndonesiaXXXX
MalaysiaXX
MexicoX
MoldovaXXX
North MacedoniaXXXXXX
ThailandXX
TunisiaXX
TurkeyXXXXXXXXXXXXXXXXXXX
UkraineXXXXXXXXXXXX
United Arab EmiratesXXXXXX
VietnamXXXX
All other developing countriesX

ANNEX IIU.K.

ANNEX IV

IV.1 – Volumes of tariff–rate quotas

a

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8601

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8602

From 01.04.2021 to 30.06.2021: for Russia*: 09.8571, for Turkey*: 09.8572, for India*: 09.8573, for Korea (Republic of)*: 09.8574, for Serbia*: 09.8575.

* In case of exhaustion of their specific quotas in accordance with Article 1.5.

b

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8603.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8604

From 01.04.2021 to 30.06.2021: for India*, Korea (Republic of)*, Ukraine*, Brazil* and Serbia*: 09.8567.

* In case of exhaustion of their specific quotas in accordance with Article 1.5.

c

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8605.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8606

From 01.04.2021 to 30.06.2021: for Korea (Republic of)*, Russia* and Iran (Islamic Republic of)*: 09.8568.

* In case of exhaustion of their specific quotas in accordance with Article 1.5.

d

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8607.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8608

From 01.04.2021 to 30.06.2021: for Russia*, Korea (Republic of)*, China* and Taiwan*: 09.8569.

* In case of exhaustion of their specific quotas in accordance with Article 1.5.

e

Products subject to anti-dumping duties

f

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8609.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8610

From 01.04.2021 to 30.06.2021: for India* and Korea (Republic of)*: 09.8570.

* In case of exhaustion of their specific quotas in accordance with Article 1.5.

g

Products which are not subject to anti-dumping duties (including automotive)

h

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8611. From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8612

From 01.04.2021 to 30.06.2021: for China*: 09.8581, for Korea (Republic of)*: 09.8582, for India*: 09.8583, for Taiwan*: 09.8584.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

i

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8613.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8614

j

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8615.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8616

From 01.04.2021 to 30.06.2021: for China*, Korea (Republic of)*, Taiwan* and Serbia*: 09.8576.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

l

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8617.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8618

From 01.04.2021 to 30.06.2021: for Ukraine*, Korea (Republic of)*, Russia* and India*: 09.8577.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

k

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8619.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8620

m

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8621.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8622

From 01.04.2021 to 30.06.2021: for Korea (Republic of)*, Taiwan* India*, United States of America*, Turkey*, Malaysia* and Vietnam*: 09.8578.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

n

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8623.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8624

From 01.04.2021 to 30.06.2021: for China*, India* and Taiwan*: 09.8591.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

o

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8625.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8626

From 01.04.2021 to 30.06.2021: for China*, Turkey*, Russia*, Switzerland* and Belarus*: 09.8592.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

p

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8627.

From 01.04.2019 to 30.06.2019: 09.8628.

From 01.04.2021 to 30.06.2021: for Turkey*, Russia*, Ukraine* and Bosnia and Herzegovina* and Moldova*: 09.8593.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

q

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8629.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8630

From 01.04.2021 to 30.06.2021: for India*, Switzerland* and Ukraine*: 09.8594.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

r

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8631.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8632

From 01.04.2021 to 30.06.2021: for India*, Taiwan*, Korea (Republic of)*, China* and Japan*: 09.8595.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

s

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8633.

From 01.04.2019 to 30.06.2019: 09.8634.

From 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8634. * In case of exhaustion of their specific quotas in accordance with Article 1.5

t

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8635.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8636

From 01.04.2021 to 30.06.2021: for Ukraine, Turkey*, Korea (Republic of)*, Russia* and Switzerland*: 09.8579.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

u

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8637.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8638

From 01.04.2021 to 30.06.2021: for China* and United Arab Emirates*: 09.8580.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

v

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8639.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8640

From 01.04.2021 to 30.06.2021: for Russia*, China* and Turkey*: 09.8585.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

w

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8641.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8642

x

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8643.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8644

From 01.04.2021 to 30.06.2021: for Turkey*, Russia*, Ukraine*, North Macedonia*, Switzerland* and Belarus*: 09.8596.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

y

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8645.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8646

From 01.04.2021 to 30.06.2021: for India*, Ukraine*, Korea (Republic of)*, Japan* and United States of America*: 09.8597.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

z

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8647.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8648

From 01.04.2021 to 30.06.2021: for China*, Ukraine*, Belarus*, Japan* and United States of America*: 09.8586.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

From 01.07.2020 to 31.03.2021: 09.8657.

From 01.04.2021 to 30.06.2021: 09.8658.

From 01.07.2020 to 31.03.2021: 09.8659.

From 01.04.2021 to 30.06.2021: 09.8660.

From 01.04.2021 to 30.06.2021: for Turkey*, China*, Russian Federation*, Korea (Republic of)* and Japan*: 09.8587.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8651.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8652

From 01.04.2021 to 30.06.2021: for Switzerland*, Turkey*, United Arab Emirates, China*, Taiwan* and India*: 09.8588.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8653.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8654

From 02.02.2019 to 31.03.2019, from 01.07.2019 to 31.03.2020 and from 01.07.2020 to 31.03.2021: 09.8655.

From 01.04.2019 to 30.06.2019, from 01.04.2020 to 30.06.2020 and from 01.04.2021 to 30.06.2021: 09.8656

From 01.04.2021 to 30.06.2021: for Turkey*, Russia*, Ukraine*, China* and Belarus*: 09.8598.

* In case of exhaustion of their specific quotas in accordance with Article 1.5

Product NumberProduct categoryCN CodesAllocation by country (Where Applicable)From 2.2.2019 to 30.6.2019From 1.7.2019 to 30.6.2020From 1.7.2020 to 30.9.2020From 1.10.2020 to 31.12.2020From 1.1.2021 to 31.3.2021From 1.4.2021 to 30.6.2021Additional duty rateOrder numbers
Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)
1Non Alloy and Other Alloy Hot Rolled Sheets and Strips

7208 10 00, 7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00, 7208 37 00, 7208 38 00, 7208 39 00, 7208 40 00, 7208 52 10, 7208 52 99, 7208 53 10, 7208 53 90, 7208 54 00,

7211 13 00, 7211 14 00, 7211 19 00, 7212 60 00, 7225 19 10, 7225 30 10, 7225 30 30, 7225 30 90, 7225 40 15, 7225 40 90, 7226 19 10, 7226 91 20, 7226 91 91, 7226 91 99

Third countries3 359 532,088 476 618,0125 %
Russia421 690,19421 690,19412 523,02417 106,625 %09.8966
Turkey344 890,78344 890,78337 393,15341 141,9725 %09.8967
India168 367,79168 367,79164 707,62166 537,7125 %09.8968
Korea (Republic of)135 958,47135 958,47133 002,85134 480,6625 %09.8969
Serbia116 149,87116 149,87113 624,87114 887,3725 %09.8970
Other countries1 013 612,281 013 612,28991 577,221 002 594,7625 % a
2Non Alloy and Other Alloy Cold Rolled Sheets7209 15 00, 7209 16 90, 7209 17 90, 7209 18 91, 7209 25 00, 7209 26 90, 7209 27 90, 7209 28 90, 7209 90 20, 7209 90 80, 7211 23 20, 7211 23 30, 7211 23 80, 7211 29 00, 7211 90 20, 7211 90 80, 7225 50 20, 7225 50 80, 7226 20 00, 7226 92 00India234 714,39592 220,64153 750,21153 750,21150 407,82152 079,0225 %09.8801
Korea (Republic of)144 402,99364 351,0494 591,5294 591,5292 535,1893 563,3525 %09.8802
Ukraine102 325,83258 183,8667 028,7867 028,7865 571,6366 300,225 %09.8803
Brazil65 398,61165 010,842 839,5242 839,5241 908,2242 373,8725 %09.8804
Serbia56 480,21142 508,2836 997,4936 997,4936 193,236 595,3525 %09.8805
Other countries430 048,961 085 079,91281 704,58281 704,58275 580,57278 642,5825 % b
3.AElectrical Sheets (other than GOES)7209 16 10, 7209 17 10, 7209 18 10, 7209 26 10, 7209 27 10, 7209 28 10Korea (Republic of)1 923,964 854,461 260,31 260,31 232,91 246,625 %09.8806
China822,982 076,5225 %09.8807
Russia519,691 311,25340,42340,42333,02336,7225 %09.8808
Iran (Islamic Republic of)227,52574,06149,04149,04145,80147,4225 %09.8809
Other countries306,34772,95739,77739,77723,69731,7325 % c
3.B7225 19 90, 7226 19 80Russia51 426,29129 756,4633 686,9133 686,9132 954,5933 320,7525 %09.8811
Korea (Republic of)31 380,479 177,5920 555,820 555,820 108,9420 332,3725 %09.8812
China24 187,0161 027,5715 843,7615 843,7615 499,3315 671,5425 %09.8813
Taiwan18 144,9745 782,5611 885,9111 885,9111 627,5211 756,7125 %09.8814
Other countries8 395,3921 182,875 499,425 499,425 379,875 439,6525 % d
4.AeMetallic Coated Sheets

TARIC Codes:

7210 41 00 20, 7210 49 00 20,

7210 61 00 20, 7210 69 00 20,

7212 30 00 20, 7212 50 61 20,

7212 50 69 20, 7225 92 00 20,

7225 99 00 11, 7225 99 00 22,

7225 99 00 45, 7225 99 00 91,

7225 99 00 92, 7226 99 30 10,

7226 99 70 11, 7226 99 70 91,

7226 99 70 94,

Korea (Republic of)69 571,1328 792,6345 572,7145 572,7144 582,045 077,3625 %
09.8816
India83 060,42209 574,2654 408,9254 408,9253 226,1253 817,5225 %09.8817
Other countries761 518,931 921 429,81498 834,77498 834,77487 990,53493 412,6525 % f
4.Bg

CN Codes:

7210 20 00, 7210 30 00, 7210 90 80, 7212 20 00, 7212 50 20, 7212 50 30, 7212 50 40, 7212 50 90, 7225 91 00, 7226 99 10

TARIC codes:

7210 41 00 30, 7210 41 00 80, 7210 49 00 30, 7210 49 00 80, 7210 61 00 30,

7210 61 00 80, 7210 69 00 30, 7210 69 00 80,

7212 30 00 80, 7212 50 61 30, 7212 50 61 80, 7212 50 69 30,

7212 50 69 80, 7225 92 00 80,

7225 99 00 23, 7225 99 00 41, 7225 99 00 93, 7225 99 00 95,

7226 99 30 90, 7226 99 70 19,

7226 99 70 96, 7225 99 00 41

China204 951,07517 123,19134 253,68134 253,68131 335,12132 794,425 %09.8821
Korea (Republic of)249 533,26476 356,93163 457,35163 457,35159 903,93161 680,6425 %09.8822
India118 594,25299 231,5977 685,4477 685,4475 996,6376 841,0325 %09.8823
Taiwan49 248,78124 262,2632 260,5332 260,5331 559,2131 909,8725 %09.8824
Other countries125 598,05316 903,2682 273,382 273,380 484,7581 379,0225 % h
5Organic Coated Sheets7210 70 80, 7212 40 80India108 042,36272 607,5470 773,470 773,469 234,8570 004,1225 %09.8826
Korea (Republic of)103 354,11260 778,3867 702,3567 702,3566 230,5666 966,4625 %09.8827
Taiwan31 975,7980 679,8620 945,8220 945,8220 490,4820 718,1525 %09.8828
Turkey21 834,4555 091,6814 302,7114 302,7113 991,7814 147,2425 %09.8829
North Macedonia16 331,1541 206,0210 697,7610 697,7610 465,210 581,4825 %09.8830
Other countries43 114,71108 785,0628 242,3928 242,3927 628,4227 935,4125 % i
6Tin Mill products7209 18 99, 7210 11 00, 7210 12 20, 7210 12 80, 7210 50 00, 7210 70 10, 7210 90 40, 7212 10 10, 7212 10 90, 7212 40 20China158 139,17399 009,55103 589,44103 589,44101 337,49102 463,4725 %09.8831
Serbia30 545,8877 071,9820 009,1520 009,1519 574,1719 791,6625 %09.8832
Korea (Republic of)23 885,760 267,3115 646,3815 646,3815 306,2515 476,3125 %09.8833
Taiwan21 167,053 407,6113 865,4913 865,4913 564,0713 714,7825 %09.8834
Brazil19 730,0349 781,9125 %09.8835
Other countries33 167,383 686,2234 650,5234 650,5233 897,2534 273,8825 % j
7Non Alloy and Other Alloy Quarto Plates7208 51 20, 7208 51 91, 7208 51 98, 7208 52 91, 7208 90 20, 7208 90 80, 7210 90 30, 7225 40 12, 7225 40 40, 7225 40 60,Ukraine339 678,24857 060,63222 507,03222 507,03217 669,92220 088,4725 %09.8836
Korea (Republic of)140 011,38353 270,3291 714,7891 714,7889 720,9890 717,8825 %09.8837
Russia115 485,12291 386,7875 648,875 648,874 004,2674 826,5325 %09.8838
India74 811,09188 759,9349 005,1849 005,1847 939,8548 472,5125 %09.8839
Other countries466 980,81 178 264,65305 896,87305 896,87299 246,94302 571,9125 % l
8Stainless Hot Rolled Sheets and Strips7219 11 00, 7219 12 10, 7219 12 90, 7219 13 10, 7219 13 90, 7219 14 10, 7219 14 90, 7219 22 10, 7219 22 90, 7219 23 00, 7219 24 00, 7220 11 00, 7220 12 00Third countries91 870,5391 870,5389 873,3490 871,9325 %
China87 328,82220 344,0925 %
Korea (Republic of)18 082,3345 624,5225 %
Taiwan12 831,0732 374,7725 %
United States of America11 810,329 799,2225 %
Other countries10 196,6125 727,6225 % k
9Stainless Cold Rolled Sheets and Strips7219 31 00, 7219 32 10, 7219 32 90, 7219 33 10, 7219 33 90, 7219 34 10, 7219 34 90, 7219 35 10, 7219 35 90, 7219 90 20, 7219 90 80, 7220 20 21, 7220 20 29, 7220 20 41, 7220 20 49, 7220 20 81, 7220 20 89, 7220 90 20, 7220 90 80Korea (Republic of)70 813,18178 672,646 386,3446 386,3445 377,9445 882,1425 %09.8846
Taiwan65 579,14165 466,2942 957,7742 957,7742 023,942 490,8425 %09.8847
India42 720,54107 790,5127 984,1927 984,1927 375,8427 680,0125 %09.8848
United States of America35 609,5289 848,3223 326,123 326,122 819,0123 072,5625 %09.8849
Turkey29 310,6973 955,3919 200,0319 200,0318 782,6418 991,3425 %09.8850
Malaysia19 799,2449 956,5412 969,5412 969,5412 687,5912 828,5725 %09.8851
Vietnam16 832,2842 470,4311 026,0211 026,0210 786,3310 906,1725 %09.8852
Other countries50 746,86128 042,1733 241,8533 241,8532 519,232 880,5325 % m
10Stainless Hot Rolled Quarto Plates7219 21 10, 7219 21 90China6 765,517 070,44 431,764 431,764 335,414 383,5825 %09.8856
India2 860,337 217,071 873,671 873,671 832,941 853,325 %09.8857
Taiwan1 119,342 824,27733,23733,23717,29725,2625 %09.8858
Other countries1 440,073 633,52943,32943,32922,81933,0725 % n
12Non Alloy and Other Alloy Merchant Bars and Light Sections7214 30 00, 7214 91 10, 7214 91 90, 7214 99 31, 7214 99 39, 7214 99 50, 7214 99 71, 7214 99 79, 7214 99 95, 7215 90 00, 7216 10 00, 7216 21 00, 7216 22 00, 7216 40 10, 7216 40 90, 7216 50 10, 7216 50 91, 7216 50 99, 7216 99 00, 7228 10 20, 7228 20 10, 7228 20 91, 7228 30 20, 7228 30 41, 7228 30 49, 7228 30 61, 7228 30 69, 7228 30 70, 7228 30 89, 7228 60 20, 7228 60 80, 7228 70 10, 7228 70 90, 7228 80 00China166 217,87419 393,33108 881,4108 881,4106 514,42107 697,9125 %09.8861
Turkey114 807,87289 677,9775 205,1675 205,1673 570,2774 387,7225 %09.8862
Russia94 792,44239 175,9662 094,0162 094,0160 744,1461 419,0825 %09.8863
Switzerland73 380,52185 150,3848 068,0848 068,0847 023,1347 545,625 %09.8864
Belarus57 907,73146 110,1537 932,637 932,637 107,9737 520,2825 %09.8865
Other countries76 245,19192 378,3749 944,5949 944,5948 858,8449 401,7125 % o
13Rebars7214 20 00, 7214 99 10Turkey117 231,8295 793,9376 792,9776 792,9775 123,5575 958,2625 %09.8866
Russia94 084,2237 388,9661 630,0861 630,0860 290,2960 960,1825 %09.8867
Ukraine62 534,65157 784,5840 963,4740 963,4740 072,9640 518,2125 %09.8868
Bosnia and Herzegovina39 356,199 301,5325 780,3125 780,3125 219,8725 500,0925 %09.8869
Moldova28 284,5971 366,3818 527,8918 527,8918 125,1118 326,525 %09.8870
Other countries217 775,5549 481,2142 654,35142 654,35139 553,17141 103,76 p
14Stainless Bars and Light Sections7222 11 11, 7222 11 19, 7222 11 81, 7222 11 89, 7222 19 10, 7222 19 90, 7222 20 11, 7222 20 19, 7222 20 21, 7222 20 29, 7222 20 31, 7222 20 39, 7222 20 81, 7222 20 89, 7222 30 51, 7222 30 91, 7222 30 97, 7222 40 10, 7222 40 50, 7222 40 90India44 433,0112 111,3229 105,9429 105,9428 473,228 789,5725 %09.8871
Switzerland6 502,7516 407,444 259,644 259,644 167,044 213,3425 %09.8872
Ukraine5 733,514 466,53 755,743 755,743 674,13 714,9225 %09.8873
Other countries8 533,2421 530,685 589,725 589,725 468,25 528,9625 % q
15Stainless Wire Rod7221 00 10, 7221 00 90India10 135,2325 572,756 639,116 639,116 494,786 566,9425 %09.8876
Taiwan6 619,6816 702,474 336,244 336,244 241,974 289,125 %09.8877
Korea (Republic of)3 300,078 326,582 161,722 161,722 114,722 138,2225 %09.8878
China2 216,865 593,481 452,161 452,161 420,591 436,3825 %09.8879
Japan2 190,45 526,721 434,831 434,831 403,631 419,2325 %09.8880
Other countries1 144,432 887,57749,66749,66733,36741,5125 % r
16Non Alloy and Other Alloy Wire Rod7213 10 00, 7213 20 00, 7213 91 10, 7213 91 20, 7213 91 41, 7213 91 49, 7213 91 70, 7213 91 90, 7213 99 10, 7213 99 90, 7227 10 00, 7227 20 00, 7227 90 10, 7227 90 50, 7227 90 95Ukraine149 009,1375 972,9597 608,7697 608,7695 486,8396 547,7925 %09.8881
Switzerland141 995,22358 275,8693 014,393 014,390 992,2592 003,2825 %09.8882
Russia122 883,63310 054,3780 495,2180 495,2178 745,3279 620,2625 %09.8883
Turkey121 331,08306 137,0379 478,2179 478,2177 750,4278 614,3125 %09.8884
Belarus97 436,46245 847,2363 825,9863 825,9862 438,4663 132,2225 %09.8885
Moldova73 031,65184 270,1247 839,5547 839,5546 799,5647 319,5625 %09.8886
Other countries122 013,2307 858,1379 925,0379 925,0378 187,5379 056,2825 % s
17Angles, Shapes and Sections of Iron or Non Alloy Steel7216 31 10, 7216 31 90, 7216 32 11, 7216 32 19, 7216 32 91, 7216 32 99, 7216 33 10, 7216 33 90Ukraine42 915,19108 281,6528 111,728 111,727 500,5727 806,1425 %09.8891
Turkey38 465,0397 053,225 196,6125 196,6124 648,8524 922,7325 %09.8892
Korea (Republic of)10 366,7626 156,946 790,776 790,776 643,156 716,9625 %09.8893
Russia9 424,0823 778,46 173,266 173,266 039,066 106,1625 %09.8894
Brazil8 577,9525 %09.8895
Switzerland6 648,0116 773,964 354,794 354,794 260,134 307,4625 %09.8896
Other countries14 759,9258 885,0415 287,5315 287,5314 955,1915 121,3625 % t
18Sheet Piling7301 10 00China12 198,2430 778,057 990,497 990,497 816,787 903,6325 %09.8901
United Arab Emirates6 650,4116 780,014 356,374 356,374 261,664 309,0225 %09.8902
Other countries480,041 211,21314,45314,45307,61311,0325 % u
19Railway Material7302 10 22, 7302 10 28, 7302 10 40, 7302 10 50, 7302 40 00Russia2 147,195 417,71 433,841 433,841 402,671 418,2525 %09.8906
China2 145,075 412,331 432,421 432,421 401,281 416,8525 %09.8907
Turkey1 744,684 402,11 165,051 165,051 139,721 152,3925 %09.8908
Ukraine657,61 659,2425 %09.8909
Other countries1 010,852 550,541 092,931 092,931 069,171 081,0525 % v
20Gas pipes7306 30 41, 7306 30 49, 7306 30 72, 7306 30 77Turkey88 914,68224 345,4658 243,7758 243,7756 977,657 610,6825 %09.8911
India32 317,481 541,7821 169,5921 169,5920 709,3820 939,4825 %09.8912
North Macedonia9 637,4824 316,846 313,056 313,056 175,816 244,4325 %09.8913
Other countries22 028,8755 582,2514 430,0714 430,0714 116,3714 273,2225 % w
21Hollow sections7306 61 10, 7306 61 92, 7306 61 99Turkey154 436,15389 666,25101 163,76101 163,7698 964,55100 064,1625 %09.8916
Russia35 406,2889 335,5123 192,9723 192,9722 688,7722 940,8725 %09.8917
North Macedonia34 028,9585 860,2922 290,7422 290,7421 806,1622 048,4525 %09.8918
Ukraine25 240,7463 686,2916 534,0116 534,0116 174,5716 354,2925 %09.8919
Switzerland25 265,2956 276,6514 610,3414 610,3414 292,7314 451,5325 %09.8920
Belarus20 898,7952 730,8813 689,813 689,813 392,213 541,025 %09.8921
Other countries25 265,2963 748,2216 550,0916 550,0916 190,316 370,1925 % x
22Seamless Stainless Tubes and Pipes7304 11 00, 7304 22 00, 7304 24 00, 7304 41 00, 7304 49 10, 7304 49 93, 7304 49 95, 7304 49 99India8 315,920 982,295 447,355 447,355 328,935 388,1425 %09.8926
Ukraine5 224,9413 183,343 422,613 422,613 348,213 385,4125 %09.8927
Korea (Republic of)1 649,314 161,471 080,391 080,391 056,91 068,6425 %09.8928
Japan1 590,454 012,941 041,831 041,831 019,181 030,525 %09.8929
United States of America1 393,263 515,42912,66912,66892,82902,7425 %09.8930
China1 299,983 280,0525 %09.8931
Other countries2 838,177 161,152 710,712 710,712 651,782 681,2425 % y
24Other Seamless Tubes7304 19 10, 7304 19 30, 7304 19 90, 7304 23 00, 7304 29 10, 7304 29 30, 7304 29 90, 7304 31 20, 7304 31 80, 7304 39 10, 7304 39 52, 7304 39 58, 7304 39 92, 7304 39 93, 7304 39 98, 7304 51 81, 7304 51 89, 7304 59 10, 7304 59 92, 7304 59 93, 7304 59 99, 7304 90 00China49 483,75124 855,1432 414,4532 414,4531 709,7832 062,1225 %09.8936
Ukraine36 779,8992 801,3524 092,7624 092,7623 569,023 830,8825 %09.8937
Belarus19 655,3149 593,3712 875,2512 875,2512 595,3612 735,3125 %09.8938
Japan13 766,0434 733,859 017,489 017,488 821,458 919,4625 %09.8939
United States of America12 109,5330 554,217 932,387 932,387 759,937 846,1525 %09.8940
Other countries55 345,57139 645,4136 254,2436 254,2435 466,1135 860,1825 % z
25Large welded tubes7305 11 00, 7305 12 00, 7305 19 00, 7305 20 00, 7305 31 00, 7305 39 00, 7305 90 00Russia140 602,32354 761,3425 %
Turkey17 543,444 264,7125 %
China14 213,6335 863,1925 %
Other countries34 011,8685 817,1725 %
25.ALarge welded tubes7305 11 00, 7305 12 00Third countries97 268,397 268,395 153,7796 211,0325 %
25.BLarge welded tubes7305 19 00, 7305 20 00, 7305 31 00, 7305 39 00, 7305 90 00Turkey11 245,211 245,211 000,7311 122,9725 %09.8971
China6 775,76 775,76 628,416 702,0625 %09.8972
Russian Federation6 680,596 680,596 535,366 607,9725 %09.8973
Korea, Republic of4 877,574 877,574 771,544 824,5525 %09.8974
Japan2 588,592 588,592 532,312 560,4525 %09.8975
Other countries5 748,05 748,05 623,045 685,5225 %
26Other Welded Pipes7306 11 10, 7306 11 90, 7306 19 10, 7306 19 90, 7306 21 00, 7306 29 00, 7306 30 11, 7306 30 19, 7306 30 80, 7306 40 20, 7306 40 80, 7306 50 20, 7306 50 80, 7306 69 10, 7306 69 90, 7306 90 00Switzerland64 797,98163 495,2942 446,0742 446,0741 523,3341 984,725 %09.8946
Turkey60 693,64153 139,4339 757,5139 757,5138 893,2239 325,3725 %09.8947
United Arab Emirates18 676,447 123,4412 234,0212 234,0211 968,0612 101,0425 %09.8948
China18 010,2245 442,5811 797,6411 797,6411 541,1711 669,425 %09.8949
Taiwan14 374,236 268,329 415,859 415,859 211,169 313,5125 %09.8950
India11 358,8728 660,187 440,657 440,657 278,97 359,7825 %09.8951
Other countries36 898,5793 100,7824 170,4924 170,4923 645,0523 907,7725 %
27Non-alloy and other alloy cold finished bars7215 10 00, 7215 50 11, 7215 50 19, 7215 50 80, 7228 10 90, 7228 20 99, 7228 50 20, 7228 50 40, 7228 50 61, 7228 50 69, 7228 50 80Russia117 519,41296 519,6176 981,3776 981,3775 307,8676 144,6125 %09.8956
Switzerland27 173,2268 562,2317 799,8817 799,8817 412,9317 606,4125 %09.8957
China20 273,2651 152,5713 280,0513 280,0512 991,3513 135,725 %09.8958
Ukraine15 969,0240 292,2910 460,5410 460,5410 233,1410 346,8425 %09.8959
Other countries17 540,4744 257,3211 489,9311 489,9311 240,1511 365,0425 %
28Non Alloy Wire7217 10 10, 7217 10 31, 7217 10 39, 7217 10 50, 7217 10 90, 7217 20 10, 7217 20 30, 7217 20 50, 7217 20 90, 7217 30 41, 7217 30 49, 7217 30 50, 7217 30 90, 7217 90 20, 7217 90 50, 7217 90 90Belarus88 294,51222 780,6757 837,5257 837,5256 580,1957 208,8625 %09.8961
China66 719,82168 344,4243 704,9843 704,9842 754,8743 229,9225 %09.8962
Russia41 609,21104 986,4727 256,2127 256,2126 663,6926 959,9525 %09.8963
Turkey40 302,46101 689,3426 400,2226 400,2225 826,3126 113,2625 %09.8964
Ukraine26 755,0967 507,2317 525,9917 525,9917 144,9917 335,4925 %09.8965
Other countries39 770,29100 346,5826 051,6226 051,6225 485,2825 768,4525 %

IV.2 – Volumes of global tariff–rate quotas per trimester

a

This amount will be modified after the transfer of the unused volumes of the country-specific quota under order number 09.8909 according to Article 2 of this Regulation.

b

This amount will be modified after the transfer of the unused volumes of the country-specific quota under order number 09.8931 according to Article 2 of this Regulation.

c

This amount will be modified after the transfer of the unused volumes of the country-specific quotas under order numbers 09.8941, 09.8942, 09.8943 according to Article 2 of this Regulation.

YEAR 1YEAR 2YEAR 3
Product numberFrom 02.02.2019 to 31.03.2019From 01.04.2019 to 30.06.2019From 01.07.2019 to 30.09.2019From 01.10.2019 to 31.12.2019From 01.01.2020 to 31.03.2020From 01.04.2020 to 30.06.2020From 01.07.2020 to 30.09.2020From 01.10.2020 to 31.12.2020From 01.01.2021 to 31.03.2021From 01.04.2021 to 30.06.2021
1Other countries1 307 737,322 051 794,762 172 108,072 116 842,752 093 833,592 093 833,591 013 612,281 013 612,28991 577,221 002 594,76
2Other countries167 401,61262 647,35278 048,49270 974,05268 028,68268 028,68281 704,58281 704,58275 580,57278 642,58
3.AOther countries119,25187,09198,07193,03190,93190,93739,77739,77723,69731,73
3.BOther countries3 268,015 127,395 428,055 289,945 232,445 232,445 499,425 499,425 379,875 439,65
4.AOther countries296 430,19465 088,74492 360,66479 833,44474 617,86474 617,86498 834,77498 834,77487 990,53493 412,65
4.BOther countries48 890,5176 707,5381 205,5179 139,3978 279,1878 279,1882 273,382 273,380 484,7581 379,02
5Other countries16 782,9126 331,827 875,8527 166,626 871,3126 871,3128 242,3928 242,3927 628,4227 935,41
6Other countries12 910,7620 256,5421 444,3420 898,7320 671,5720 671,5734 650,5234 650,5233 897,2534 273,88
7Other countries181 777,76285 203,04301 926,8294 244,83291 046,51291 046,51305 896,87305 896,87299 246,94302 571,91
8Other countries3 969,156 227,466 592,636 424,896 355,056 355,0591 870,5391 870,5389 873,3490 871,93
9Other countries19 753,8130 993,0532 810,4231 975,6231 628,0631 628,0633 241,8533 241,8532 519,232 880,53
10Other countries560,56879,51931,08907,39897,53897,53943,32943,32922,81933,07
12Other countries29 679,3346 565,8549 296,3848 042,1347 519,9347 519,9349 944,5949 944,5948 858,8449 401,71
13Other countries84 771,67133 003,83140 802,92137 220,44135 728,92135 728,92142 654,35142 654,35139 553,17141 103,76
14Other countries3 321,665 211,585 517,175 376,85 318,365 318,365 589,725 589,725 468,25 528,96
15Other countries445,48698,95739,93721,11713,27713,27749,66749,66733,36741,51
16Other countries47 495,0774 518,1378 887,7376 880,5776 044,9176 044,9179 925,0379 925,0378 187,5379 056,28
17Other countries5 745,479 014,459 543,0416 567,3916 387,3116 387,3115 287,5215 287,5214 955,1915 121,36
18Other countries186,86293,18310,37302,47299,18299,18314,45314,45307,61311,03
19Other countries393,49617,37653,57636,94a630,02630,021 092,931 092,931 069,171 081,05
20Other countries8 575,013 453,8814 242,7913 880,413 729,5313 729,5314 430,0714 430,0714 116,3714 273,22
21Other countries9 834,8115 430,4816 335,2915 919,6715 746,6315 746,6316 550,0916 550,0916 190,316 370,19
22Other countries1 104,791 733,381 835,021 788,34b1 768,91 768,92 710,712 710,712 651,782 681,24
24Other countries21 543,9133 801,6535 783,7234 873,2734 494,2134 494,2136 254,2436 254,2435 466,1135 860,18
25Other countries13 239,5220 772,3421 990,3921 430,89c21 197,9521 197,95
25.AOther countries97 268,397 268,395 153,7796 211,03
25.BOther countries5 748,05 748,05 623,045 685,52
26Other countries14 363,222 535,3723 856,823 249,822 997,0922 997,0924 170,4924 170,4923 645,0523 907,77
27Other countries6 827,8410 712,6411 340,8111 052,2610 932,1310 932,1311 489,9311 489,9311 240,1511 365,04
28Other countries15 481,0524 289,2425 713,5125 059,2824 786,924 786,926 051,6226 051,6225 485,2825 768,45

ANNEX IIIU.K.Maximum volume of residual quota accessible from 01.04.2021 to 30.06.2021 to countries with a country specific quota

Product categoryNew allocated quota from 1.4.2021 to 30.6.2021 in tonnes
1Special regime
2278 642,58
3.A731,73
3.B5 439,65
4.A493 412,65
4.BSpecial regime
5No access to the residual quota in Q4
634 273,88
7302 571,91
8Not applicable
932 880,53
10276,19
1229 542,22
1337 251,39
143 068,57
15552,42
16No access to the residual quota in Q4
1715 121,36
18311,03
191 081,05
20No access to the residual quota in Q4
213 421,37
222 174,49
2435 860,18
25.ANot applicable
25.B5 685,52
2623 907,77
27No access to the residual quota in Q4
2818 295,6
(3)

Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (OJ L 31, 1.2.2019, p. 27).

(4)

Commission Implementing Regulation (EU) 2019/1590 of 26 September 2019 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products (OJ L 248, 27.9.2019, p. 28).

(5)

Commission Implementing Regulation (EU) 2020/35 of 15 January 2020 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products (OJ L 12, 16.1.2020, p. 13).

(7)

See recital 9 below.

(8)

Research Briefing (Global) of 14 April 2020.

(9)

J.P.Morgan Global Composite PMI of 3 April 2020.

(10)

Ibidem.

(11)

IHS Markit Global Sector PMI of 8 May 2020.

(12)

Report ‘Bracing for impact’ of 7 April 2020.

(13)

IHS Markit Global Steel Users PMI of 8 May 2020.

(14)

Spring 2020 Economic Forecast: ‘A deep and uneven recession, an uncertain recovery’ of 6 May 2020.

(15)

IHS Markit Global Steel Users PMI of 8 May 2020.

(16)

Research Briefing (Global) of 14 April 2020.

(17)

IHS Markit PMI Research & Analysis of 14 May 2020.

(18)

See recitals 36 and 37 where the observed behaviour of certain exporting countries under the measures is further developed.

(19)

Ibid.

(20)

Data analysed until 15 May 2020.

(21)

9 million tonnes – 29 % of the total TRQ available in year 2 of the measures.

(22)

This amounted to around 12 % of the total TRQ unused.

(23)

Source: https://ec.europa.eu/taxation_customs/dds2/taric/quota_consultation.jsp

(24)

Despite having at least 5 % imports in the relevant period, Iran does not have a country-specific quota. The reason is that because of the anti-dumping measures in place, it virtually ceased exporting to the Union – import share went down to 0,05 % in 2019 – and it is therefore very likely that if granted a country-specific TRQ, it would go largely unused. On the other hand, Russia retains a country-specific TRQ given that, despite the anti-dumping measures in place, it has consistently continued to export in significant volumes.

(25)

See Section 3.2.3.d.

(26)

See recital 146 of definitive Regulation and recital 17 of the first review Regulation.

(28)

The Commission notes that in this product category, the USA is subject to a 25 % duty resulting from Union’s rebalancing measures: https://trade.ec.europa.eu/doclib/docs/2018/may/tradoc_156909.pdf

(29)

Indonesia is subject to provisional anti-dumping measures; however, it does not have a country-specific TRQ. The volumes of country-specific quotas transferred pertain to the – otherwise – country-specific TRQs of: China, Taiwan and the USA.

(30)

An example is CN code: 7305 19 00, which experienced an almost 300 % increase in 2019 with respect to the average imports in the period 2015-2017.

(31)

CN codes: 7305 11 00 and 7305 12 00.

(32)

CN codes: 7305 19 00, 7305 20 00, 7305 31 00, 7305 39 00 and 7305 90 00

(33)

See recitals 54 to 59 of the first Review Regulation.

(34)

The adjustment applying to product categories 13 and 16 consisted of a 30 % cap of the initial volume in Q4 for those countries otherwise subject to a country-specific TRQ. See recitals 88 to 96 of the first review Regulation for further details.

(35)

February-March 19, April-June 19, July-September 19, October-December 19, January-March 20.

(36)

For the purpose of this analysis, the Commission relied mainly on the data for the full quarter April-June 19, and where the data available at the time of the drafting of this Regulation allowed, it also drew some conclusions from TRQ usage in the quarter April-June 20.

(37)

The average TRQ use by the incumbent countries ranged from 96 % to 100 %.

(38)

See Annex III for specific volumes allowed in the relevant product categories.

(39)

If the average TRQ use by the incumbent countries under the residual TRQ in a given category has been e.g. 70 % over the four quarters assessed, it means that countries accessing the residual TRQ in Q4 would only be able to export altogether, as a maximum, 30 % of the residual TRQ volumes initially available in Q4.

(40)

The average residual TRQ use for these categories in the relevant quarters was: 70 % (cat.10), 40 % (cat.12), 73 % (cat.13), 44 % (cat.14), 25 % (cat.15), 79 % (cat.21), 19 % (cat.22), 29 % (cat.28).

(41)

See Annex III for specific volumes allowed in the relevant product categories.

(42)

See Section 3.2.6 of this Regulation.

(43)

Source: Eurostat.

(44)

For the calculation, imports from countries excluded under Article 6 of the Commission Implementing Regulation (EU) 2019/159 were not taken into consideration.

(45)

The volumes in Annex II already reflect this transfer.

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