Chapter 4: Price Undertakings under the EU Anti-Dumping Law
4.2 The European Community Authorities of Anti-Dumping Proceedings
The European Community authorities of anti-dumping proceedings can be categorized as follows:
(1) The European Commission
The European Commission is the EU's executive body. It represents the interests of the European Union as a whole. The Commission is composed of the College of Commissioners of 28 members, including the President and Vice-Presidents. The Commissioners, one from each EU country, are the Commission's political leadership during a 5-year term. Each Commissioner is assigned responsibility for specific policy areas by the President.75 The candidate for President of the Commission is proposed to the European Parliament by the European Council that decides by qualified majority and taking into account the elections to the Parliament. The Commission President is then elected by the European Parliament by a majority of its component members (which corresponds to at least 376 out of 751 votes).76
The Commission is divided into several departments and services. The departments are known as Directorate-Generals (DGs), each DG is classified according to the policy it deals with, of which the Trade Directorate –General is responsible for external economic relations including the trade defense of European production against international trade distortions such as dumping or subsidy. The Commissioner Cecilia Malmström is representing the EU in the WTO and other international trade forum. She is also evaluating the use of Europe's trade defense instruments and deciding on the best way forward.77 The Commission services deal with more general administrative issues or have a specific mandate. For example, European Anti-Fraud Office (OLAF) investigates fraud against the EU budget, corruption and serious misconduct within the European institutions, and develops anti-fraud policy for the European Commission.78
75 The commissioners (2014-2019) . https://ec.europa.eu/commission/2014-2019_en
76 About the European Commission. http://ec.europa.eu/about/index_en.htm
77 The Commissioner (2014-2019) Cecilia Malmström. http://ec.europa.eu/commission/2014-2019/malmstrom_en
78 European Anti-Fraud Office (OLAF). http://ec.europa.eu/anti_fraud/index_en.htm
The European Commission plays an important role in the enforcement of the Community trade protection laws. Investigations are carried out by Commission officials. The Commission has the power to initiate and terminate proceedings and to impose provisional and definitive anti-dumping duties as well as, under certain conditions, to accept undertakings offered by foreign exporters or foreign governments. In addition, the Commission has responsibility to prepare proposals for the adoption of measures by the Council.79
(2) The Council of Ministers
The Council of ministers consists of one delegate from each Member State. The identity of the delegate varies depending upon the subject matter of the Council's deliberations. In a number of cases, the Council may only acts by a qualified majority vote on a proposal from the Commission. The Council is the main legislative body of the Community and the decision-making authority for all major decisions. In the anti-dumping proceedings, the Council is in charge of the adoption of final measures upon a proposal from the Commission.80 It has the authority to decide whether to impose definitive duties and order the collection of the provisional duties.
(3) The Advisory Committee
Any consultations provided for in the Basic Regulation shall take place within an Advisory Committee, which shall consist of representatives of each Member State, with a representative of the Commission as chairman. Consultations shall be held immediately at the request of a Member State or on the initiative of the Commission and in any event within a period which allows the time-limits set by the Basic Regulation. The Committee shall meet when convened by its chairman. He shall provide the Member States, as promptly as possible, no later than 10 working days before the meeting, with all relevant information.
79 Van Bael and Bellis (2011). Page 5
80 Van Bael and Bellis (2011). Page 6-7
Consultation shall cover, in particular:
A. the existence of dumping and the methods of establishing the dumping margin;
B. the existence and extent of injury;
C. the causal link between the dumped imports and injury;
D. the measures which, in the circumstances, are appropriate to prevent or remedy the injury caused by dumping and the ways and means of putting such measures into effect.81
(4) The European Parliament
European Parliament is the only directly-elected body of the European Union. The 751 Members of the European Parliament are representative of the citizen. They are elected once every five years by voters right across the 28 Member States of the European Union on behalf of its 500 million citizens.82 The Maastricht Treaty established a procedure which grants the Parliament a right to veto certain acts proposed by the Commission and deliberated by the Council. Much of the Parliament’s work is done by standing committees which deal with various topics of Community interest.83 The Committee on External Economic Relations has issued several reports dealing with Community trade policy and the instruments of trade protection.84
(5) The European Court of First Instance and the Court of Justice
The General Court hears actions taken against the institutions of the EU by individuals and member states, although certain matters are reserved for the European Court of Justice.
Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as
81 Article 15 of the Basic Regulation
82 The official website of the European Parliament : http://www.europarl.europa.eu/
83 Van Bael and Bellis (2011). Page 8
84 See, e.g., The economic impact of dumping and the Community's anti-dumping policy. Research and Documentation Papers: Economic Series E-1, 1-1993. http://aei.pitt.edu/42189/
the Court of First Instance. The Court of Justice is the chief judicial authority of the EU and oversees the uniform application and interpretation of EU law, in cooperation with the national judiciary of the member states. It also resolves legal disputes between national governments and EU institutions, and may take action against EU institutions on behalf of individuals, companies or organizations whose rights have been infringed. The European Court of Justice and Court of First Instance exercise various kinds of jurisdiction over anti-dumping measures and the procedures by which Commission and Council are adopted.85