10.10.2012 Official Journal of the European Union L 275/1 (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 924/2012 of 4 October 2012 amending Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (') (the WTO enabling Regulation’), in particular Article 1 thereof, Having regard to the proposal submitted by the European Commission after consultation of the Advisory Committee, Whereas: A. MEASURES IN FORCE (1) The Council by Regulation (EC) No 91/2009 (%) imposed a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (the definitive Regulation). B. REPORTS ADOPTED BY THE DISPUTE SETTLEMENT BODY OF THE WTO (20 On 28 July 2011, the Dispute Settlement Body (‘DSB’) of the World Trade Organization (WTO’) adopted the Appellate Body Report and the Panel Report as modified by the Appellate Body Report in the dispute ‘European Communities — Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China’ () (Reports). In these Reports, it was found, inter alia, that the EU acted inconsistently with: () OJ L 201, 26.7.2001, p. 10. () OJ L 29, 31.1.2009, p. 1. (®) WTO, Report of the Appellate Body, AB-2011-2, WT/DS397/AB/R, 15 July 2011. WTO, Report of the Panel, WT/DS397|R, 3 December 2010. ) ) O] O] — Articles 6.10 and 9.2 of the WTO Anti-Dumping Agreement with respect to Article 9(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Commu- nity (*) (‘the basic Regulation’) as applied in the inves- tigation on the imports of certain iron or steel fasteners originating in the People’s Republic of China (‘the fasteners investigation’), — Articles 6.4, 6.2 and 2.4 of the WTO Anti-Dumping Agreement with respect to certain aspects of the dumping determination in the fasteners investigation, — Article 4.1 of the WTO Anti-Dumping Agreement with respect to the definition of the Union industry in the fasteners investigation, — Articles 3.1 and 3.2 of the WTO Anti-Dumping Agreement with respect to the consideration of the volume of dumped imports in the fasteners investi- gation, — Articles 3.1 and 3.5 of the WTO Anti-Dumping Agreement with respect to the causation analysis in the fasteners investigation, and — Articles 6.5 and 6.5.1 of the WTO Anti-Dumping Agreement with respect to the treatment of confidential information in the fasteners investigation. C. PROCEDURE On 6 March 2012, pursuant to the WTO enabling Regu- lation, a review was initiated by the publication of a Notice (°) in the Official Journal of the European Union (‘the Notice of Initiation’). The European Commission informed parties to the investigation which led to Regu- lation (EC) No 91/2009 (‘the original investigation’) of L 343, 22.12.2009, p. 51. C 66, 6.3.2012, p. 29.