Commission Implementing Regulation (EU) 2021/1267 of 29 July 2021 imposing definitive countervailing duties on imports of biodiesel originating in the United States of America following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council

A definitive countervailing duty is imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the USA, currently falling under CN codes ex15162098 (TARIC code 1516209829), ex15180091 (TARIC code 1518009129), ex15180099 (TARIC code 1518009929), ex27101943 (TARIC code 2710194329), ex27101946 (TARIC code 2710194629), ex27101947 (TARIC code 2710194729), ex27102011 (TARIC code 2710201129), ex27102016 (TARIC code 2710201629), ex38249992 (TARIC code 3824999212), ex38260010 (TARIC codes 3826001029, 3826001059, 3826001099) and ex38260090 (TARIC code 3826009019).

The rates of the definitive countervailing duty applicable to the, net free-at Union frontier price, before duty, of the product described in paragraph 1, and manufactured by the companies listed below, shall be a fixed amount as follows:

The countervailing duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

The application of the individual duty rate specified for the companies listed in paragraph 2 shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the duty rate applicable to ‘all other companies’ shall apply.

The definitive countervailing duty applicable to ‘all other companies’ as set out in Article 1, paragraph 2, is extended to imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in pure form or in a blend containing by weight more than 20 % of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, consigned from Canada, whether declared as originating in Canada or not, currently falling under CN codes ex15162098 (TARIC code 1516209821), ex15180091 (TARIC code 1518009121), ex15180099 (TARIC code 1518009921), ex27101943 (TARIC code 2710194321), ex27101946 (TARIC code 2710194621), ex27101947 (TARIC code 2710194721), ex27102011 (TARIC code 2710201121), ex27102016 (TARIC code 2710201621), ex38249992 (TARIC code 3824999210), ex38260010 (TARIC codes 3826001020, 3826001050, 3826001089) and ex38260090 (TARIC code 3826009011), with the exception of those produced by the companies listed below:

The duty to be extended shall be the one established for ‘all other companies’ in Article 1(2), which is a definitive countervailing duty of EUR 237 per tonne net.

The countervailing duty on blends shall be applicable in proportion, in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

The application of exemptions granted to the companies listed in paragraph 1 or authorised by the Commission in accordance with Article 4(2) shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex II. If no such invoice is presented, the countervailing duty as imposed by paragraph 1 shall apply.

The definitive countervailing duty as set out in Article 1, paragraph 2, is hereby extended to imports of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as ‘biodiesel’, in a blend containing by weight 20 % or less of fatty-acid mono-alkyl esters and/or paraffinic gasoil obtained from synthesis and/or hydro-treatment, of non-fossil origin, originating in the United States of America, and currently falling under CN codes ex15162098 (TARIC code 1516209830), ex15180091 (TARIC code 1518009130), ex15180099 (TARIC code 1518009930), ex27101943 (TARIC code 2710194330), ex27101946 (TARIC code 2710194630), ex27101947 (TARIC code 2710194730), ex27102011 (TARIC code 2710201130), ex27102016 (TARIC code 2710201630), ex38249992 (TARIC code 3824999220) and ex38260090 (TARIC code 3826009030).

The countervailing duty on blends shall be applicable in proportion in the blend, by weight, of the total content of fatty-acid mono-alkyl esters and of paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin (biodiesel content).

The application of the individual duty rate specified for the companies listed in Article 1, paragraph 2, shall be conditional upon presentation to the customs authorities of the Member States of a valid commercial invoice, which shall conform to the requirements set out in Annex III. If no such invoice is presented, the duty rate applicable under Article 1(2) to ‘all other companies’ shall apply.

Requests for exemption from the duty extended by Article 2(1) and Article 3(1) shall be made in writing in one of the official languages of the European Union and must be signed by a person authorised to represent the entity requesting the exemption. The request must be sent to the following address:

Email: TRADE-TDI-INFORMATION@ec.europa.eu

In accordance with Article 23(6) of Regulation (EU) 2016/1037, the Commission, after consulting the Advisory Committee, may authorise, by decision, the exemption of imports from companies which do not circumvent the countervailing measures imposed by Article 1, from the duty extended by Article 2(1) and Article 3(1).