Commission Implementing Regulation (EU) 2022/434 of 15 March 2022 amending Regulation (EU) 2019/159 imposing a definitive safeguard measure 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 Article 20(2) 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 Article 16(2) thereof,

Whereas:

(1) By Council Regulation (EU) 2022/355 (3), the European Union banned the imports of steel products originating in Belarus.

(2) By Council Regulation (EU) 2022/428 (4), the European Union banned the imports of certain steel products originating in Russia (5).

(3) As a result of these measures, imports from Belarus and Russia subject to the safeguard measure will no longer be able to enter the Union. Thus, the Commission has decided to adjust the functioning of the safeguard measure to ensure that these import bans do not create a shortage of supply in the Union market in the categories affected, and that Union steel users can continue sourcing those volumes from other sources.

(4) In each product category where Belarus and Russia had country-specific tariff rate quotas (CSTRQs), the Commission proportionally redistributed those volumes among other exporting countries subject to the safeguard measure based on the most recent data available, namely their share of overall imports in 2021. Such data is also relevant in order to ensure sufficient supplies of steel products into the Union market, since Belarus and Russia mostly exhausted their CSTRQs in 2021. To establish the level of overall imports, the Commission did not take into account the volumes from Belarus and Russia, nor import volumes from countries currently excluded from the measure (6), as including them would reduce the proportion of all the other countries, rendering the exercise ineffective. In addition, for each product category affected the Commission established a share of imports for countries having a CSTRQ and a share of imports for countries falling under the residual quota respectively (7).

(5) This approach ensures a fair treatment of the different origins, allowing that Union steel users make effective use of the volumes that originally were subject to the CSTRQs attributed to Belarus and Russia, thereby avoiding any risk of potential shortage of supply in the Union market resulting from the import bans on these two countries.

(6) This adjustment is also in line with the logic of the functioning of the measure, as it preserves traditional trade flows in terms of volumes and origins, adapted to the current exceptional circumstances (8).

(7) The adjustment undertaken by this Regulation does not preclude any further adjustments to the functioning of the measure, including on this specific aspect, that may result from the ongoing functioning review initiated on 17 December 2021.

(8) 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 1

Annex IV of Regulation (EU) 2019/159 is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 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, 15 March 2022.

For the Commission The President Ursula VON DER LEYEN

(1) OJ L 83, 27.3.2015, p. 16.

(2) OJ L 123, 19.5.2015, p. 33.

(3) Council Regulation (EU) 2022/355 of 2 March 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus (OJ L 67, 2.3.2022, p. 1).

(4) Council Regulation (EU) 2022/428 of 15 March 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 87 I, 15.3.2022, p. 13).

(5) All product categories subject to the safeguard measure are covered by the import ban.

(6) Developing countries currently subject to exclusion.

(7) The Commission did not establish an individual import share of countries exporting under the residual quota, but rather a combined share of imports of all those origins covered by the residual quota in each of the product categories affected.

(8) Import ban on two origins.