(1)

The European Commission (‘the Commission’) received a request for an exemption from the anti-dumping and countervailing measures applicable to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, as far as Braya Renewable Fuels (Newfoundland) LP (‘the applicant’) is concerned, pursuant to Article 13(4) the basic anti-dumping Regulation and Article 23(6) of the basic anti-subsidy Regulation.

(2)

The request was submitted on 14 October 2025 by the applicant, who is an exporting producer of biodiesel in Canada (‘the country concerned’).

(3)

The product under review is 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 (‘product under review’).

(4)

The product concerned is the product under review consigned from Canada, whether declared as originating in Canada or not, currently falling under CN codes ex 1516 20 98 (TARIC code 1516 20 98 21), ex 1518 00 91 (TARIC code 1518 00 91 21), ex 1518 00 99 (TARIC code 1518 00 99 21), ex 2710 19 43 (TARIC code 2710 19 43 21), ex 2710 19 46 (TARIC code 2710 19 46 21), ex 2710 19 47 (TARIC code 2710 19 47 21), ex 2710 20 11 (TARIC code 2710 20 11 21), ex 2710 20 16 (TARIC code 2710 20 16 21), ex 3824 99 92 (TARIC code 3824 99 92 10), ex 3826 00 10 (TARIC codes 3826 00 10 20, 3826 00 10 50, 3826 00 10 89) and ex 3826 00 90 (TARIC code 3826 00 90 11) (‘product concerned).

(5)

By Regulations (EC) No 598/2009 (5) and (EC) No 599/2009 (6), the Council imposed definitive countervailing and anti-dumping duties on imports of biodiesel originating in the United States of America.

(6)

These measures were extended by Council Implementing Regulations (EU) No 443/2011 (7) and (EU) No 444/2011 (8), to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not.

(7)

The measures currently in force are imposed by Implementing Regulation (EU) 2021/1266 following an expiry review pursuant to Article 11(2) of the basic anti-dumping Regulation and by Implementing Regulation (EU) 2021/1267 following an expiry review pursuant to Article 18(2) of the basic anti-subsidy Regulation.

(8)

The applicant alleged that it did not export the product under review to the Union during the investigation period used in the investigation that led to the extended measures as adopted by Implementing Regulations (EU) No 443/2011 and (EU) No 444/2011, namely the period from 1 April 2009 to 30 June 2010 (‘the original IP’). According to the evidence submitted by the applicant, the applicant was only legally created in 2014, whereas the plant was built and opened after the original IP in 2024.

(9)

In addition, the applicant provided evidence that it is a genuine producer and alleged that it has not circumvented the existing measures.

(10)

The applicant further claimed that after the original IP, in October 2025 and January 2026, it exported the product under review to the Union.

(11)

The Commission examined the evidence available and concluded that there was sufficient evidence to justify the initiation of an investigation pursuant to Article 13(4) of the basic anti-dumping Regulation and to Article 23(6) of the basic anti-subsidy Regulation for the purpose of determining the possibility of granting the applicant an exemption from the extended measures.

(12)

The Union industry known to be concerned was informed of the request for a review and was given an opportunity to comment. No comments were received.

(13)

In its investigation, the Commission will pay particular attention to the applicant’s relationship with the companies subject to the existing measures in order to ensure that it was not established to circumvent the measures. The Commission will also consider whether particular monitoring conditions should be imposed in case the investigation will conclude that granting the exemption is warranted.

(14)

In line with Article 11(4) of the basic anti-dumping Regulation, in cases of new exporters in the exporting country in question which have not exported the product during the period of investigation on which the measures were based, the anti-dumping duty in force should be repealed with regard to imports of the product under review which are produced and sold for export to the Union by the applicant.

(15)

At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic anti-dumping Regulation in order to ensure that, should the review result in a finding of circumvention in respect of the applicant, anti-dumping duties can be levied from the date of the registration of these imports. The amount of the applicant’s possible future liabilities would be equal to the duty applicable to ‘all other companies’ in Article 1(2) of Implementing Regulation (EU) 2021/1266 (172,2 EUR/tonne).

(16)

Since the basic anti-subsidy Regulation does not provide for the repeal of the countervailing duties in cases where exporters were not individually investigated during the original investigation, these measures will remain in force. Only if the review should result in the finding that the applicant is entitled to an exemption, will the anti-subsidy measures in force be repealed with regard to the applicant.

(17)

The investigation will cover the period from 1 April 2009 to 31 March 2026 (‘review investigation period’).

(18)

In order to obtain information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. The applicant must submit the completed questionnaire within 37 days of the date of entry into force of this Regulation, unless otherwise specified, pursuant to Article 6(2) of the basic anti-dumping Regulation and Article 11(2) of the basic anti-subsidy Regulation.

(19)

In order to participate in the investigation interested parties, such as exporting producers, Union producers, importers and their representative associations, users and their representative associations, trade unions and representative consumer organisations must demonstrate that there is an objective link between their activities and the product under review produced by the Union industry or the product concerned placed on the Union market.

(20)

Exporting producers, Union producers, importers and representative associations who made information available will be considered as interested parties if there is an objective link between their activities and the product under review produced by the Union industry or the product concerned placed on the Union market.

(21)

The other parties mentioned in the first paragraph of this section will only be able to participate in the investigation as interested party from the moment they make themselves known, and provided that there is an objective link between their activities and the product under review produced by the Union industry or the product concerned placed on the Union market. Being considered as an interested party is without prejudice to the application of Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation.

(22)

Access to the file available for inspection for interested parties is made via TRON.tdi at the following address: https://tron.trade.ec.europa.eu/tron/TDI. Please follow the instructions on that page to get access (9).

(23)

Subject to the provisions of this Regulation, all interested parties are invited to make their views known, submit information and provide supporting evidence. Unless otherwise specified, this information and supporting evidence must reach the Commission within 37 days of the date of entry into force of this Regulation.

(24)

All interested parties may request to be heard by the Commission investigation services. Any request to be heard must be made in writing and must specify the reasons for the request. For hearings on issues pertaining to the initiation of the investigation, the request must be submitted within 15 days of the date of entry into force of this Regulation. Thereafter, a request to be heard must be submitted within the specific deadlines set by the Commission in its communication with the parties.

(25)

Information submitted to the Commission for the purpose of trade defence investigations shall be free from copyrights. Interested parties, before submitting to the Commission information and/or data that is subject to third-party copyrights, must request specific permission to the copyright holder explicitly allowing the Commission (a) to use the information and data for the purpose of this trade defence proceeding; and (b) to provide the information and/or data to interested parties to this investigation in a form that allows them to exercise their rights of defence.

(26)

All written submissions, including the information requested in this Regulation, completed questionnaires and correspondence provided by interested parties for which confidential treatment is requested shall be labelled ‘Sensitive’. Parties submitting information in the course of this investigation are invited to reason their request for confidential treatment.

(27)

Parties providing ‘Sensitive’ information are required to furnish non-confidential summaries of it pursuant to Article 19(2) of the basic anti-dumping Regulation and Article 29(2) of the basic anti-subsidy Regulation, which will be labelled ‘For inspection by interested parties’. Those summaries should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence.

(28)

If a party providing ‘Sensitive’ information fails to show good cause for a confidential treatment request or does not furnish a non-confidential summary of it in the requested format and quality, the Commission may disregard such information unless it can be satisfactorily demonstrated from appropriate sources that the information is correct.

(29)

Interested parties are invited to make all submissions and requests by email including scanned powers of attorney and certification sheets, with the exception of voluminous replies which should be submitted on a portable digital storage medium (CD-ROM, DVD, USB flash drive) by hand or by registered mail. By using email, interested parties express their agreement with the rules applicable to electronic submissions contained in the document ‘CORRESPONDENCE WITH THE EUROPEAN COMMISSION IN TRADE DEFENCE CASES’ published on the website of the Directorate-General for Trade:

https://europa.eu/!7tHpY3.

(30)

The interested parties must indicate their name, address, telephone and a valid email address and they should ensure that the provided email address is a functioning official business email, which is checked on a daily basis. Once contact details are provided, the Commission will communicate with interested parties by email only, unless they explicitly request to receive all documents from the Commission by another means of communication or unless the nature of the document to be sent requires the use of a registered mail. For further rules and information concerning correspondence with the Commission including principles that apply to submissions by email, interested parties should consult the communication instructions with interested parties referred to above.

Commission address for correspondence:

Email: TRADE-R859-BIODIESEL-EXEMPTION@ec.europa.eu

(31)

In order to guarantee the rights of defence, interested parties should have the possibility to comment on information submitted by other interested parties. When doing so, interested parties may only address issues raised in the other interested parties’ submissions and may not raise new issues. Comments on the information provided by other interested parties in reaction to the disclosure of the definitive findings should be submitted within 5 days from the deadline to comment on the definitive findings, unless otherwise specified. If there is an additional final disclosure, comments filed by other interested parties in reaction to this further disclosure should be made within 1 day from the deadline to comment on this further disclosure, unless otherwise specified. The outlined timeframe is without prejudice to the Commission’s right to request additional information from interested parties in duly justified cases.

(32)

Any extension to the time limits provided for in this Regulation should only be requested in exceptional circumstances and will only be granted if duly justified upon good cause being shown.

(33)

In any event, any extension to the deadline to reply to questionnaires will be limited normally to 3 days, and as a rule will not exceed 7 days.

(34)

Regarding time limits for the submission of other information specified in the Regulation, extensions will be limited to 3 days unless exceptional circumstances are demonstrated.

(35)

In cases where any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made on the basis of facts available, in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation.

(36)

Where it is found that any interested party has supplied false or misleading information, the information may be disregarded and use may be made of facts available.

(37)

If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic anti-dumping Regulation and Article 28 of the basic anti-subsidy Regulation, the result may be less favourable to that party than if it had cooperated.

(38)

Failure to give a computerised response will not be deemed to constitute non-cooperation, provided that the interested party shows that presenting the response as requested would result in an unreasonable extra burden or unreasonable additional cost. The interested party should immediately contact the Commission

(39)

Interested parties may request the intervention of the Hearing Officer for trade proceedings. The Hearing Officer reviews requests for access to the file, disputes regarding the confidentiality of documents, requests for extension of time limits and any other request concerning the rights of defence of interested parties and third parties as may arise during the proceeding.

(40)

The Hearing Officer may organise hearings and mediate between the interested party or parties and the Commission services to ensure that the interested parties’ rights of defence are being fully exercised. A request for a hearing with the Hearing Officer should be made in writing and should specify the reasons for the request. For hearings on issues pertaining to the initial stage of the investigation, parties are invited to submit their request within 15 days of the date of entry into force of this Regulation. Thereafter, requests to be heard by the Hearing Officer shall be submitted at the earliest possible time following the occurrence of the event justifying such intervention. The Hearing Officer will examine the reasons for the requests. These hearings should only take place if the issues have not been settled with the Commission services in due course.

(41)

Any request must be submitted in good time and expeditiously so as not to jeopardise the orderly conduct of proceedings. To that effect, interested parties should request the intervention of the Hearing Officer at the earliest possible time following the occurrence of the event justifying such intervention.

(42)

For further information and contact details interested parties may consult the Hearing Officer’s web pages on DG Trade and Economic Security’s website: https://policy.trade.ec.europa.eu/contacts/hearing-officer_en.

(43)

The investigation will be concluded, pursuant to Article 11(5) of the basic anti-dumping Regulation and to Article 22(1) of the basic anti-subsidy Regulation, within nine months of the date of the entry into force of this Regulation.

(44)

Any personal data collected in this investigation will be treated in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (10).

(45)

A data protection notice that informs all individuals of the processing of personal data in the framework of Commission’s trade defence activities is available on DG Trade and Economic Security’s website: https://europa.eu/!vr4g9W,