Commission Implementing Regulation (EU) 2026/2270

Contents

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^note, and in particular Article 16 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^note, and in particular Article 13 thereof,Whereas:

(1)By Commission Implementing Regulation (EU) 2025/2351^note, the Commission imposed a definitive safeguard measure on imports of certain ferro-alloying elements.

(2)The Commission considered that a specific tariff-rate quota ‘TRQ’ per product type, consisting of an in-quota volume combined with an out of quota variable duty is the most effective form of measure to balance various interests.

(3)The Commission set the in-quota volume levels 25 % below the average level of imports of 2022, 2023 and 2024.

(4)After the imposition of the definitive safeguard measure, the Commission was approached by a legal representative of a Malaysian company, alleging that the in-quota volume calculated for Malaysia as set out in Annex III of Implementing Regulation (EU) 2025/2351 was incorrect due to incomplete import statistics for the year 2022 from Malaysia into the Union.

(5)The Commission has investigated the allegation and was able to confirm that certain imports of ferro-manganese in 2022 from Malaysia were declared confidential in the publicly available Eurostat import statistics. Thus, nearly 40700 tonnes of imports were missing when calculating the TRQ for Malaysia. The correct value to calculate the TRQ for Malaysia for 2022 should have been 41279,3 tonnes instead of 581 tonnes.

(6)Therefore, the 2022 volume of imports for the calculation should be corrected and the in-quota volume for Malaysia should be recalculated and increased.

(7)The corrections should take effect from the date of the entry into force of Implementing Regulation (EU) 2025/2351.

(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:

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The table in the Annex to this Regulation is replacing a part of the table related to the TRQ volume of Malaysia in Annex III of Implementing Regulation (EU) 2025/2351.

Article 2 #

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 18 November 2025.

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