Commission Implementing Regulation (EU) 2025/2351of 18 November 2025imposing a definitive safeguard measure with regard to imports of certain ferro-alloying elements

32025R2351

Den Europæiske UnionForordning2025

European Union

§ Article 26

Article 26 of the Agreement concluded between the European Economic Community and the Swiss Confederation in 1972, ELI: http://data.europa.eu/eli/reg/1972/2840/oj.

, Article 26 of the free-trade agreement with the Faroe Islands

Article 26 of the free-trade agreement with the Faroe Islands, ELI: http://data.europa.eu/eli/agree_internation/1997/126/2021-09-01.

, Article 60 of Additional Protocol signed on 23 November 1970, annexed to the Agreement establishing the Association between the European Economic Community and Türkiye

§ Article 60

Article 60 of Additional Protocol signed on 23 November 1970, Agreement establishing the Association between the European Economic Community and Türkiye, ELI: http://data.europa.eu/eli/prot/1972/2760(1)/oj.

, as well as under the Association Agreements with Morocco

§ Article 25

Article 25 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, ELI: http://data.europa.eu/eli/agree_internation/2000/204/oj.

, Tunisia

Article 25 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, ELI: http://data.europa.eu/eli/agree_internation/1998/238/2025-01-22.

, Jordan

§ Article 24

Article 24 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, ELI: http://data.europa.eu/eli/agree_internation/2002/357(1)/2021-09-01.

, Israel

§ Article 23

Article 23 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, ELI: http://data.europa.eu/eli/agree_internation/2000/384/2013-07-01.

and Palestine

§ Article 21

Article 21 of the Euro-Mediterranean Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, ELI: http://data.europa.eu/eli/agree_internation/1997/430/2021-09-01.

and the Cooperation and customs union agreement with San Marino

§ Article 12

Article 12 of the Cooperation and customs union agreement with San Marino, ELI: http://data.europa.eu/eli/agree_internation/2002/245/2008-02-01.

and the Cooperation Agreement with the Syrian Arab Republic

§ Article 32

Article 32 of the Cooperation agreement between the European Economic Community and the Syrian Arab Republic, ELI: http://data.europa.eu/eli/agree_internation/1978/2216/1994-03-01.

. On the same grounds and that additionally bilateral imports, as a part of all imports, have contributed to the serious disturbances in the sector, safeguard measures are likewise permitted under Article 15 of the Economic Partnership, Political Coordination and Cooperation Agreement currently in force with Mexico

§ Article 15

Article 15 of the Economic Partnership, Political Coordination and Cooperation Agreement currently in force with Mexico, ELI: http://data.europa.eu/eli/dec/2000/415/2021-01-01.

. Finally, imports from North Macedonia into the Union were found to have increased in the period under investigation and contributed to the serious injury suffered by the Union ferro-alloys industry. These imports, therefore, meet the conditions required to take safeguard measures pursuant to Article 37(1) of the Stabilisation and Association Agreement concluded between the European Communities and their Member States, and the former Yugoslav Republic of Macedonia

§ Article 37

Article 37 of the Stabilisation and Association Agreement concluded between the European Communities and their Member States, and the former Yugoslav Republic of Macedonia, ELI: http://data.europa.eu/eli/agree_internation/2004/239(2)/2021-09-09.

CONCLUSIONS AND ADOPTION OF MEASURE

12.1.

Adoption of measure

(104) The Commission has concluded that the Union ferro-alloys producers are suffering serious injury caused by increased imports in relation to ferro-alloys and that it is in the Union interest to adopt appropriate safeguard measure to avoid a further increase of imports and a further deterioration of the Union producers’ situation.

12.2.

Form and level of measure

12.2.1.

TRQ per product type

(105) For the selection of the appropriate form of measure, the Commission considered the following elements. First, the existence of serious injury to the Union producers. Second, the need for the Union producers to regain competitiveness, while maintaining a suitable choice of supply sources available in the Union, and a calibrated effect on imports and prices is desirable.

(106) On that basis, the Commission considers that, as mentioned in recital (87), a specific TRQ per product type, combined with an out of quota variable duty is the most effective form of measure to balance various interests.

(107) According to Article 15(3) of Regulation 2015/478, any quota shall, in principle, be set at the average level of imports over the last three representative years.

(108) This provision, however, applies to quantitative restrictions, i.e. measure in the form of a quota. As confirmed by the relevant jurisprudence

WTO Appellate Body Report, US- Line Pipe, WT/DS202, para. 235.

, a TRQ is not a quantitative restriction under the WTO Agreement on Safeguards, and therefore the establishment of the level of a TRQ is not bound by said Article.

(109) In order to ensure effective protection of the Union producers and enhance their capacity to recover and compete with imports, the Commission considers it necessary to set the quota levels 25% below the average level of imports of 2022, 2023 and 2024.

(110) This figure is calculated by establishing a sustainable market share (30-40%) that would allow the Union industry to recover from the injurious situation, while maintaining adequate sources of supply for downstream users.

12.2.2.

Out of quota variable duty

(111) The out of quota duty should be a variable duty in the form of a tariff increase by reference to the difference between the established price threshold and the actual import price. If imports are made at the level of the price threshold or above no additional duty would be payable. However, if imports are made at a price below the established threshold, the duty should be equal to the difference between the net free-at-Union-frontier price and the established price threshold per product type.

(112) The price threshold is established by reference to a non-injurious price for ferro-alloy imports. Following a detailed investigation, which included a comprehensive injury analysis, causation analysis, and an assessment of Union interests, the Commission determined the non-injurious price level by evaluating current sales price levels for each product type. The Commission took as a basis the cost of domestic sales to unrelated customers per product type and added to it compliance costs, investments and a target profit.

(113) With regard to compliances costs, the Commission assessed the future costs to ensure compliance with the Union Emission Trading System (EU ETS) which is a cornerstone of the Union’s policy to comply with Multilateral Environmental Agreements. Such additional costs were calculated on the basis of the estimated price of the Union Allowances which will have to be purchased by the Union industry. The additional costs also took account of indirect CO2 costs stemming from an increase in electricity prices over the same period.

(114) Furthermore, the Commission assessed the investments, research and development (R&D) and innovation, as well as level of profitability which is to be expected under normal conditions of competition.

(115) When establishing the price threshold, the Commission considered the level of profitability that can be expected under normal market conditions and to cover long-term losses, to restore investment capacity and to comply with future regulatory obligations. The net profit margin for this type of capital-intensive industry is around 12,45% depending on factors such as the type of alloy produced, energy contracts, and production efficiency

Commission Implementing Regulation (EU) 2021/1811 of 14 October 2021 imposing a provisional anti-dumping duty on imports of calcium silicon originating in the People’s Republic of China, OJ L 366, 15.10.2021, p. 17–61, ELI: http://data.europa.eu/eli/reg_impl/2021/1811/oj.

12.2.3.

Applicable anti-dumping and anti-subsidy measures

(116) The Commission acknowledges that a cumulation of anti-dumping/anti-subsidy measures with safeguards may lead to a greater effect than desirable.

(117) The Commission recalls that anti-dumping and countervailing duty measures do not seek to close the Union market but merely remedy injurious trading practices. As such, these measures target country-specific situations of dumping and subsidisation, have a different scope of application and purpose than the safeguard measure imposed by way of this Regulation, and are not mutually exclusive.

(118) In order to avoid the imposition of double remedies, whenever the tariff quota is exceeded, the level of the existing anti-dumping and countervailing duties will be suspended or reduced to ensure that the combined effect of these measures does not exceed the highest level of the safeguard or anti-dumping/countervailing duties in place.

(119) For the purpose of comparison of the above proposed price threshold with anti-dumping and countervailing duties, the Commission will quantify it as an ad-valorem duty.

(120) This concerns the Commission Implementing Regulation (EU) 2020/909

Commission Implementing Regulation (EU) 2020/909 of 30 June 2020 imposing a definitive anti-dumtaping duty on imports of ferro-silicon originating in Russia and the People’s Republic of China, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036, OJ L 208, 1.7.2020, pp. 2–42, ELI: http://data.europa.eu/eli/reg_impl/2020/909/oj.

imposing an anti-dumping duty on imports of ferro-silicon. The anti-dumping duty should be applicable from the first tonne until the tariff quotas for ferro-silicon are exhausted and the price threshold specified in this regulation becomes applicable for the out of quota volumes.

12.3.

Administration of the tariff-rate quotas

(121) Based on Union interest considerations and in order to ensuring optimal use of the tariff quota volumes the Commission considered that they should be allocated on the one hand to country specific quotas for countries having a substantial interest in supplying the specific product type concerned and, on the other hand, to all other origins.

(122) For the purpose of this regulation, it is considered that countries with a share of more than 5% of imports over the last 3 years for the product type concerned have a significant supplying interest. A residual TRQ (the residual quota) based on the average of the remaining imports over the last three years should be allocated to all other supplying countries. The residual quota should be filled based on the chronological order of the dates on which declarations of release for free circulation are accepted, as provided for in Commission Implementing Regulation (EU) 2015/2447

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558), ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj.

. This method of administration calls for close cooperation between the Member States and the Commission.

(123) The eligibility of imported goods from developing countries to be excluded from the tariff quotas is dependent on the origin of the goods. The criteria for determining non-preferential origin currently in force in the Union should therefore be applied.

12.4.

Duration

(124) The Commission considers that the measure should be in place for a period of three years, expiring on 17 November 2028.

(125) Since the duration of the measure is for over a year, the measure must be progressively liberalised at regular intervals during the period of application. The Commission considers that the most appropriate way to liberalise the measure is to increase the level of the free of duty quota by 0,1% after each year. The first liberalisation will take place on 18 November 2026, with the second liberalisation taking place on 18 November 2027.

FINAL CONSIDERATIONS

(126) In view of Article 109 of Regulation 2024/2509,

Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast) (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union on the first calendar day of each month.

(127) Given the specific circumstances of the present case, including the structure of the Union industry and the substantial complexity of both the investigation and the assessment of the Union interest, a comprehensive economic and legal examination has been required. These elements amount to exceptional and compelling grounds warranting the application of urgency considerations, thereby justifying entry into force on the date of publication. In order to ensure the effective functioning of the safeguard measures and to comply with the provisions of Article 6(3) of Regulation (EU) 2015/478 and Article 4(3) of Regulation (EU) 2015/755, the Commission should publish the Implementing Regulation in the Official Journal of the European Union no later than 18 November, and the measures should apply immediately upon publication.

(128) The measure 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

Subject to Article 5, specific tariff quotas are hereby opened in relation to imports into the Union of ferro-alloys falling under the CN codes (720211, 720219, 720221, 720229, 720230, 72029930) (Annex II) for a duration of three years.

A part of tariff-rate quotas is allocated to the countries specified in Annex III, another part is allocated to other countries, and for the periods specified in Annex III.

Where the relevant tariff-rate quotas are exhausted or where imports of the product types do not benefit from the relevant tariff-rate quota, an out of quota variable duty applicable to the products listed in Article 1.1 shall be the difference between the established price threshold listed in Annex II and the net free-at-Union-frontier price, before duty, if the latter is lower than the former. No duty shall be collected where the net free-at-Union-frontier price is equal to or higher than the established price threshold listed in Annex II.

The drawings on each quarterly quota shall be stopped on the twentieth working day of the Commission following the end of the quarterly period. At the end of each quarter, the unused balances of the tariff-rate quotas shall not be transferred to the next quarter. The unused balances at the end of the last quarter of each year of application of the definitive tariff-rate quotas shall not be transferred.

The anti-dumping/countervailing duties on imports of the products listed in the Annex II shall be applicable until the pertinent tariff quotas are exceeded and the safeguard measure becomes applicable.

Article 2

The origin of any product to which this Regulation applies shall be determined in accordance with the provisions in force in the Union relating to non-preferential origin.

Unless otherwise specified, the relevant provisions in force concerning customs duties shall apply.

Article 3

Imports of the product types referred to in Article 1(1), which are already on their way to the Union on the date of entry into force of this Regulation, whose destination cannot be changed, shall not be subject to the price threshold specified in Annex II, and may be put into free circulation.

Article 4

The Member States and the Commission shall cooperate closely to ensure compliance with this Regulation.

Article 5

For the product concerned, Annex I specifies the originating developing countries which shall be subject to the measure set out in Article 1.

Article 6

Imports of the product concerned originating in Kenya and Ukraine shall not be subject to the measure set out in Article 1.

Article 7

During the period set out in Article 1(1) the Commission shall review the measures in case of change of circumstances, such as insufficient availability of ferro-alloys or unsustainable price increases for certain downstream users, and in any event no later than one year after the entry into force of the measures.

Article 8

This Regulation shall enter into force on the day 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, 18 November 2025.

For the Commission

The President

Ursula von der Leyen

Annex

ANNEX I

I.1 —

List of developing countries, members of the WTO, and Algeria

Afghanistan, Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Armenia, Bahrain, Bangladesh, Barbados, Belize, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cabo Verde, Cambodia, Cameroon, Central African Republic, Chad, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Cuba, Democratic Republic of the Congo, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Eswatini, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, India, Indonesia, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyz Republic, Lao People's Democratic Republic, Lesotho, Liberia, Macao, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, North Macedonia, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Solomon Islands, South Africa, Sri Lanka, Suriname, Tajikistan, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, Türkiye, Uganda, Ukraine, United Arab Emirates, Uruguay, Vanuatu, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe.

I.2 —

List of product types originating in developing countries to which the definitive measures apply

List of product types originating in developing countries to which the definitive measures applyCountry / Product groupFerro-ManganeseFerro-SiliconFerro-Silico-MagnesiumFerro-Silico-ManganeseBrazilXXChinaXXGeorgiaXXIndiaXXXXMalaysiaXXSouth AfricaXXXThailandXXZambiaXXAll other developing countriesX

Annex

ANNEX II

Price threshold applicable for the tariff increase

Product NumberProduct typeHS / CN CodesPrice threshold (EUR/tonne)1Ferro-manganese720211, 72021913162Ferro-silicon720221, 72022924083Ferro-silico-manganese72023013924Ferro-silico-magnesium720299303647

Annex

ANNEX III

Volumes of tariff–rate quotas

Product typeHS and CN codesAllocation by country (Where Applicable)Year 1Year 2Year 3Price thresholdOrder numbersFrom 18.11.2025 to 17.2.2026From 18.2.2026 to 17.5.2026From 18.5.2026 to 17.8.2026From 18.8.2026 to 17.11.2026From 18.11.2026 to 17.2.2027From 18.2.2027 to 17.5.2027From 18.5.2027 to 17.8.2027From 18.8.2027 to 17.11.2027From 18.11.2027 to 17.2.2028From 18.2.2028 to 17.5.2028From 18.5.2028 to 17.8.2028From 18.8.2028 to 17.11.2028Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Volume of tariff quota (net tonnes)Ferro-Manganese720211, 720219Norway28972,7028027,9328972,7028972,7029001,6728055,9629001,6729001,6728951,3528321,9828951,3528951,35see Annex II09.8810India17625,7917051,0417625,7917625,7917643,4217068,0917643,4217643,4217612,8117229,9217612,8117612,81see Annex II09.8815South Africa8272,878003,108272,878272,878281,148011,108281,148281,148266,778087,068266,778266,77see Annex II09.8818Malaysia6765,926545,296765,926765,926772,686551,836772,686772,686760,936613,956760,936760,93see Annex II09.8819Korea, Republic of4832,824675,234832,824832,824837,654679,904837,654837,654829,264724,284829,264829,26see Annex II09.8820Other countries5557,545376,315557,545557,545563,095381,695563,095563,095553,445432,715553,445553,44see Annex II09.8665Ferro-Silicon

720221,

720229

Norway35136,1633990,4135136,1635136,1635171,3034024,4135171,3035171,3035110,2734347,0135110,2735110,27see Annex II09.8840Iceland13373,3212937,2413373,3213373,3213386,7012950,1813386,7013386,7013363,4713072,9613363,4713363,47see Annex II09.8845Kazakhstan8090,257826,448090,258090,258098,347834,278098,348098,348084,297908,558084,298084,29see Annex II09.8854Brazil6316,026110,066316,026316,026322,346116,176322,346322,346311,376174,166311,376311,37see Annex II09.8898Other countries24984,2724169,5624984,2724984,2725009,2524193,7325009,2525009,2524965,8624423,1324965,8624965,86see Annex II09.8666

Ferro-Silico-Magnesium72029930China468,90453,61468,90468,90469,37454,07469,37469,37468,56458,37468,56468,56see Annex II09.8860Brazil99,8196,5599,8199,8199,9196,6599,9199,9199,7397,5699,7399,73see Annex II09.8701India78,9076,3378,9078,9078,9876,4078,9878,9878,8477,1378,8478,84see Annex II09.8702Thailand76,8374,3276,8376,8376,9174,4076,9176,9176,7775,1076,7776,77see Annex II09.8703Other countries18,8918,2818,8918,8918,9118,3018,9118,9118,8818,4718,8818,88see Annex II09.8663Ferro-Silico-Manganese720230Norway37067,7135858,9837067,7137067,7137104,7835894,8437104,7837104,7837040,4036235,1837040,4037040,40see Annex II09.8888India31958,6130916,4831958,6131958,6131990,5730947,4031990,5731990,5731935,0731240,8331935,0731935,07see Annex II09.8704Zambia7882,497625,457882,497882,497890,377633,087890,377890,377876,687705,457876,687876,68see Annex II09.8890Other countries18955,5618337,4418955,5618955,5618974,5118355,7818974,5118974,5118941,5918529,8218941,5918941,59see Annex II09.8664

Metadata

Type: Forordning
År: 2025
Ikrafttrædelsesdato: 1. januar 1970