Commission Implementing Regulation (EU) 2026/846 of 9 April 2026 amending Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on 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,
Having regard to Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products (3) (‘the Definitive Regulation’), and in particular Article 8 thereof,
Whereas:
(1) By the Definitive Regulation, the European Commission (‘the Commission’) imposed a definitive safeguard measure on certain steel products, which consists of tariff-rate quotas (‘TRQs’) with respect to certain steel products (‘the product concerned’) encompassing 26 product categories, set at levels preserving traditional trade flows on a per-product-category basis. A 25 % tariff duty applies only if the quantitative thresholds of these TRQs are exceeded. The safeguard measure will expire after 30 June 2026.
(2) Product category 13 as set out by the Definitive Regulation covers two CN codes: 7214 20 00 and 7214 99 10 . The TRQ of product category 13 was intended for concrete reinforcing bars that can be physically recognized by indentations, ribs, grooves or other deformations (‘rebars’). The TRQ is based on historical trade flows and has been liberalised since 2019.
(3) It has been brought to the Commission’s attention that rebars are entering the Union not only under the rebars quota (product category 13), but since 2025 also in significant quantities under the merchant bars quota (product category 12), more specifically under CN 7228 30 69 .
(4) The Commission confirmed a rather abnormal pattern of import flows under CN 7228 30 69 since 2025. The import flows differ significantly from the traditional trade flows in terms of volumes and origins and produce significant imbalances on the Union market (4).
(5) The Commission was presented evidence that rebars can be imported under category 12, because the chemical composition of these rebars has been marginally changed in order to shift their classification from tariff heading 7214 (non-alloyed steel bars) to 7228 (alloyed steel bars). Changing the chemical composition is negligible in terms of costs and there does not appear to be any economic or business justification for undertaking such additional change to the chemical composition of the product, other than allowing the use of another quota in which there are significantly more duty-free volumes available.
(6) The Commission finds that this severely undermines the effectiveness of the safeguard measure in these categories. In 2025, the import increase under CN 7228 30 69 represented approximately 35 % of the total annual TRQ available for rebars in category 13. This is clearly in contradiction with the Commission’s objective to ensure traditional trade flows in the Union’s interest, as this not only causes the Union to be flooded with imports of rebars, but users as well as third country producers of genuine merchant bars are unable to access the necessary duty-free volumes that were intended for merchant bars.
(7) In order to address the significant imbalance on the Union market caused by this practice, the Commission considers that the two TARIC codes listed in Annex I to this Regulation should be created and added to product categories 12 and 13, respectively.
(8) The creation of the TARIC codes ensures that rebars and merchant bars are imported under the correct categories reflecting traditional trade flows, which is necessary to alleviate import pressure on the EU industry. It does not entail an expansion of the scope of the safeguard measure, nor does it affect the duty-free volumes available under product categories 12 and 13.
(9) 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
The TARIC codes listed in Annex I to this Regulation shall be created.
The first three columns of the table in Annex IV.1 of Implementing Regulation (EU) 2019/159 concerning product numbers 12 and 13 are replaced by the table in Annex II 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, 9 April 2026.
For the Commission The President Ursula VON DER LEYEN
(1) OJ L 83, 27.3.2015, p. 16, ELI: http://data.europa.eu/eli/reg/2015/478/oj.
(2) OJ L 123, 19.5.2015, p. 33, ELI: http://data.europa.eu/eli/reg/2015/755/oj.
(3) OJ L 31, 1.2.2019, p. 27, ELI: http://data.europa.eu/eli/reg_impl/2019/159/oj.
(4) This code experienced an approximate 250 % increase in 2025 in comparison to the previous year.
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