Commission Implementing Regulation (EU) 2025/1868 of 12 September 2025 correcting Implementing Regulation (EU) 2025/835 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the Council

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union⁽¹⁾ (‘the basic Regulation’) and in particular Article 15 and Article 24(1) thereof,

Whereas:

By Commission Implementing Regulation (EU) 2025/835 (‘the original Regulation’)⁽²⁾, the European Commission imposed definitive countervailing duties on imports of biodiesel originating in Argentina following an expiry review.
The product concerned as described in section 2 of the original Regulation is ‘fatty-acid mono-alkyl esters and/or paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin’, thus encompasses sustainable aviation fuels (‘SAF’) that are hydrotreated esters and fatty acids. SAF under the HEFA⁽³⁾ pathway and HVO are paraffinic hydrocarbons and share the same basic physical and chemical characteristics.
Even if countervailing measures are imposed according to the product definition irrespective of the tariff classification, for clarification purposes and to ensure the correct enforcement of the countervailing duties, it is considered appropriate to amend the original Regulation to include CN codes ex27101911, ex27101915, ex27101921, ex27101925 and ex27101929 and the corresponding TARIC codes for SAF in its Article 1(1).
This amendment does not have any impact on the product scope of the measures in force.
The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of Regulation (EU) 2016/1036 of the European Parliament and of the Council⁽⁴⁾;

HAS ADOPTED THIS REGULATION:

Article 1

Article 1, paragraph 1, of Implementing Regulation (EU) 2025/835 is replaced by the following:

‘1.
A definitive countervailing duty is imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin, in pure form or as included in a blend, currently falling under CN codes ex15162098 (TARIC codes 1516209821, 1516209829 and 1516209833), ex15180091 (TARIC codes 1518009121, 1518009129 and 1518009133), ex15180095 (TARIC code 1518009521), ex15180099 (TARIC codes 1518009921, 1518009929 and 1518009933), ex27101911 (TARIC code 2710191110), ex27101915 (TARIC code 2710191510), ex27101921 (TARIC code 2710192110), ex27101925 (TARIC code 2710192510), ex27101929 (TARIC code 2710192910), ex27101942 (TARIC codes 2710194221 and 2710194229), ex27101944 (TARIC codes 2710194421, 2710194429 and 2710194433), ex27101946 (TARIC codes 2710194621, 2710194629 and 2710194633), ex27101947 (TARIC codes 2710194721, 2710194729 and 2710194733), 2710 20 11, 2710 20 16, ex38249992 (TARIC codes 3824999210, 3824999214 and 3824999217), 3826 00 10 and ex38260090 (TARIC codes 3826009011, 3826009019 and 3826009033) and originating in Argentina.’

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, 12 September 2025.

For the Commission

The President

Ursula von der Leyen