Gelex

Council Regulation (EC) No 2117/2005 of 21 December 2005 amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community

In forceVersion 2005-12-21from 2005-12-30
Grade B

mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.

Ask Gelex about this law

Address https://gelex.eu/eli/EU/regulation/2005/2117@2005-12-21/en

Contents
  1. Preamble
    1. Article 1
    2. Article 2
    3. Article 3

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) By Regulation (EC) No 384/96 the Council adopted common rules for protection against dumped imports from countries which are not members of the European Community.

(2) In view of the very significant progress made by Ukraine towards the establishment of market economy conditions, as recognised by the conclusions of the Ukraine-European Union Summit on 1 December 2005, it is appropriate to allow normal value for Ukrainian exporters and producers to be established in accordance with the provisions of Article 2(1) to (6) of Regulation (EC) No 384/96,

HAS ADOPTED THIS REGULATION:

Article 1

In Regulation (EC) No 384/96, in the first sentence of Article 2(7)(b), the term the Ukraine shall be deleted.

Article 2

This Regulation shall apply to all investigations initiated pursuant to Regulation (EC) No 384/96 after the date of entry into force of this Regulation, either on the basis of an application for initiation lodged after such date, or at the initiative of the Commission.

Article 3

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 December 2005. For the Council The President B. Bradshaw

Versions

  1. 2005-12-21

Cited by

  • Commission Regulation (EC) No 1620/2006 of 30 October 2006 imposing a provisional anti-dumping duty on imports of ironing boards originating in the People's Republic of China and Ukraine Regulation · Grade B
    However, the Ukrainian producer remarked that Ukraine was by Council Regulation (EC) No 2117/2005 removed from the list of non-market-economy countries mentioned under Article 2(7)(b) of the basic Regulation. The company claimed that the decision to grant market economy status to Ukraine was taken on the basis of an assessment of the situation in the preceding months. Therefore, it was submitted that it should be granted MET because (i) the IP is the calendar year 2005; (ii) the complainants should have provided evidence showing that market economy conditions were not applicable to the Ukraini
  • Commission Regulation (EC) No 1620/2006 of 30 October 2006 imposing a provisional anti-dumping duty on imports of ironing boards originating in the People's Republic of China and Ukraine Regulation · Grade B
    In this respect, it is noted that Council Regulation (EC) No 2117/2005 clearly states that normal value for Ukrainian exporters and producers will be established in accordance with the provisions of Article 2(1) to (6) of the basic Regulation only in investigations initiated after 30 December 2005, either on the basis of an application for initiation lodged after the above said date or at the initiative of the Commission. As the complaint for this proceeding was lodged on 23 December 2005, it is evident that the provisions of Article 2(1) to (6) of the basic Regulation cannot apply and that th
  • Commission Regulation (EC) No 2005/2006 of 22 December 2006 imposing provisional anti-dumping duties on imports of synthetic staple fibres of polyesters (PSF) originating in Malaysia and Taiwan Regulation · Grade B
    Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (basic Regulation), as last amended by Regulation (EC) No 2117/2005, and in particular Article 7 thereof,
  • Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (codified version) Regulation · Grade B
    Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) Council Regulation (EC) No 2331/96 (OJ L 317, 6.12.1996, p. 1) Council Regulation (EC) No 905/98 (OJ L 128, 30.4.1998, p. 18) Council Regulation (EC) No 2238/2000 (OJ L 257, 11.10.2000, p. 2) Council Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1) Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12) Article 1 Article 3, only as regards the reference to Regulation (EC) No 384/96. Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17)
  • Council Regulation (EC) No 237/2008 of 10 March 2008 terminating the partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 of the anti-dumping duty on imports of ammonium nitrate originating, inter alia, in Ukraine Regulation · Grade B
    In this context, it was noted that the dumping margin currently applicable to the applicant was established in the original investigation using a normal value determined on the basis of data obtained from a producer in a market-economy third country in accordance with Article 2(7) of the basic Regulation. However, in the present review normal value was calculated based on information relating to the applicants own data in accordance with Article 2(1) to (6) of the basic Regulation, following the granting of market-economy status to Ukraine (amendment of the basic Regulation by Regulation (EC)
  • Judgment of the Court (Second Chamber) 19 September 2013 Judgment · Grade B
    Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1) was replaced and codified by Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51, and corrigendum OJ 2010 L 7, p. 22). However, having regard to the date of adoption of the contested regulation, the dispute must be examined on the basis of Regulation No 384/96, as amended by Council Regulation (EC) No 2117/2005 of 21
  • Judgment of the Court (third chamber) 27 October 2011 Judgment · Grade B
    The provisions governing the application of anti-dumping measures by the European Union are set out in Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (the basic regulation).
  • Judgment of the Court (Third Chamber) 11 January 2024 Judgment · Grade B
    The facts and the legal measures at issue occurred during a period when the adoption of anti-dumping measures within the European Union was successively governed, first, by Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17), then by Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L
  • Judgment of the Court (Second Chamber) 18 April 2013 Judgment · Grade B
    The provisions governing the application of anti-dumping measures by the European Union, applicable to the dispute in the main proceedings, are set out in Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (the basic regulation).
  • Opinion of Advocate General Mengozzi delivered on 19 November 2015 Joined Cases C‑186/14 P and C‑193/14 P ArcelorMittal Tubular Products Ostrava a.s. and Others v Hubei Xinyegang Steel Co. Ltd and Council of the European Union v Hubei Xinyegang Steel Co. Ltd Opinion · Grade B
    These appeals, which were joined by decision of the President of the Court of 28 July 2014, provide the Court with the opportunity to clarify, for the first time, the scope of the concept of threat of injury within the meaning of Article 3 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (the basic regulation). They also raise the question of the General Court’s observance of the limits of its review of the economic assessment
  • Opinion of Advocate General Bot delivered on 26 March 2015 Case C‑511/13 P Philips Lighting Poland SA Philips Lighting BV v Council of the European Union Opinion · Grade B
    Lastly, I shall argue that, while the General Court erred in law in ruling that the expression major proportion of total Community production, as used in Article 4(1) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as last amended by Council Regulation (EC) No 2117/2005 of 21 December 2005, was to be understood as referring to the minimum threshold of 25% of total Community production, referred to in Article 5(4) of the basic regulation, it none the less did not err in law in not applying the th
  • Opinion of Advocate General Bot delivered on 6 October 2011 Case C-338/10 Grünwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt (Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany)) Opinion · Grade B
    The reply to the question referred to the Court by the Finanzgericht Hamburg should therefore be as follows: Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China is invalid in so far as the European Commission determined the normal value of the product in question on the basis of the prices paid or payable in the European Community for a like product, without making a
  • Judgment of the Court (Grand Chamber) 8 September 2015 Judgment · Grade B
    The legislation applicable to the facts in this case is Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (the basic regulation). The basic regulation was repealed and replaced by Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51). The latter regulation is not applicable
  • Judgment of the Court (Grand Chamber) 16 July 2015 Judgment · Grade B
    At the time of the facts underlying the dispute in the main proceedings, the provisions governing the adoption of anti-dumping measures by the European Union were laid down in Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as most recently amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17, the basic regulation). The basic regulation was repealed by Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped impo
  • Judgment of the General Court (Fifth Chamber) 11 July 2013 Judgment · Grade B
    The basic anti-dumping regulation applicable to the facts in this case is Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (the basic regulation). The basic regulation was subsequently replaced by Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51, corrigendum in OJ 2010
  • Judgment of the Court (Third Chamber) 22 March 2012 Judgment · Grade B
    The provisions governing the application of anti-dumping measures by the European Union are set out in Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (the basic regulation).
  • Opinion of Advocate General Pitruzzella delivered on 4 March 2020 Case C‑104/19 Donex Shipping and Forwarding BV Intervener: Staatssecretaris van Financiën (Request for a preliminary ruling from the Hoge Raad der Nederlanden (Supreme Court of the Netherlands)) Opinion · Grade B
    At the time when the regulation at issue was adopted, the provisions governing the adoption of anti-dumping measures by the European Union were laid down in Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, as most recently amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (the basic regulation).
  • Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 11 June 2014 — Grünwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt (Case C-284/14) Notice · Grade B
    2014/C 315/59Language of the case: German Finanzgericht Hamburg Applicant: Grünwald Logistik Service GmbH (GLS) Defendant: Hauptzollamt Hamburg-Stadt Is Council Implementing Regulation (EU) No 158/2013 of 18 February 2013 re-imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China valid, even though it was based not on an independent anti-dumping investigation carried out shortly before its adoption but on the continuation of an anti-dumping investigation which had at that time alrea
  • Judgment of the Court (Fourth Chamber) 9 July 2020 Judgment · Grade B
    At the time of the facts giving rise to the adoption of the regulation at issue, the provisions governing the application of anti-dumping measures by the European Union were set out in Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as last amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (the basic regulation).
  • ORder of the vice-president of the CourT 12 June 2014 Judgment · Grade B
    By application lodged at the Registry of the General Court on 21 December 2009, Rusal Armenal brought an action for annulment of the contested regulation. It raised five pleas in law for annulment, the first of which was a plea of illegality based on infringement of Article 2(1) to (6) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17), (the basic regulation) and of Article 2.1 and 2.2