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Protection from dumped and subsidised imports

15-02-2018

On 9 November 2016, the European Commission published a proposal for targeted changes to the EU anti-dumping and anti-subsidy regulations. The proposal was a response to the expiry of parts of China’s WTO accession protocol in December 2016 and to unfair trade practices from third countries. At the core of the amendments of the anti-dumping regulation was the use for WTO members of prices derived from constructed values in situations where there are ‘substantial market distortions’ in the country ...

On 9 November 2016, the European Commission published a proposal for targeted changes to the EU anti-dumping and anti-subsidy regulations. The proposal was a response to the expiry of parts of China’s WTO accession protocol in December 2016 and to unfair trade practices from third countries. At the core of the amendments of the anti-dumping regulation was the use for WTO members of prices derived from constructed values in situations where there are ‘substantial market distortions’ in the country of export under investigation. This approach replaces the ‘analogue country methodology’ which was previously applied to non-market economies (NMEs) under EU law and remains in place for non-WTO members. The amendments to the anti-subsidy regulation insert due process and transparency provisions required to capture subsidies identified only in the course of anti-subsidy probes. Fourth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Protection from dumped and subsidised imports

08-11-2017

Dumping and subsidising of exports by third countries are unfair trade practices, which may cause injury to the importing country. WTO law allows countering such injury by introducing specific duties called trade defence instruments (TDI). To enable EU TDIs to address current circumstances, notably overcapacity, in the international trading environment, the European Commission has proposed to amend the Anti-Dumping (AD) Regulation and Anti-Subsidy (AS) Regulation. The European Parliament is due to ...

Dumping and subsidising of exports by third countries are unfair trade practices, which may cause injury to the importing country. WTO law allows countering such injury by introducing specific duties called trade defence instruments (TDI). To enable EU TDIs to address current circumstances, notably overcapacity, in the international trading environment, the European Commission has proposed to amend the Anti-Dumping (AD) Regulation and Anti-Subsidy (AS) Regulation. The European Parliament is due to vote on the provisional agreement reached in trilogue during its November plenary session.

Revision of the calculation methodology of dumping

28-02-2017

The IA appears to provide a well-researched explanation of the evidence base for the legislative proposal; it clearly explains the scale of the problem, illustrated by facts and figures giving a clear view of the international situation. However, a better, more coherent organisation of the data related to the problem definition, and a broader range of options, would have strengthened the IA. Option 3 is the only viable one to address all the objectives, although – as also indicated by stakeholders ...

The IA appears to provide a well-researched explanation of the evidence base for the legislative proposal; it clearly explains the scale of the problem, illustrated by facts and figures giving a clear view of the international situation. However, a better, more coherent organisation of the data related to the problem definition, and a broader range of options, would have strengthened the IA. Option 3 is the only viable one to address all the objectives, although – as also indicated by stakeholders – its elements are only vaguely presented. The IA would have been more persuasive had it been clearer about the modification of the standard methodology. In particular, it would have benefited from a better explanation as to how it would work in practice, in order to allow the EU to continue to disregard domestic costs and prices of China and other NME countries, as this appears to be the most crucial element of the preferred option. The IA does not look at the impact on the economic performance of the EU sectors concerned, and remains unclear as to how EU SMEs would be affected. The stakeholder consultation covered a broad range of stakeholders and the collected views are presented systematically throughout the IA. However, it seems that stakeholders were not given the opportunity to comment in detail on the preferred option 3. The consultation seems to have happened at an early stage in the drafting process of the IA, which could explain the vague questions asked and the shortened period of consultation of 10 weeks instead of 12.

Workshop on "Market Economy Status for China after 2016?"

16-03-2016

Section 15 of China’s Protocol of Accession to the World Trade Organisation (WTO) allows importing WTO members to determine, under their national law, whether China is considered to be a market economy for the purpose of price comparability and of calculating dumping margins. Some provisions of this section expire on 11 December 2016, leaving uncertainty as to how China should be treated in antidumping investigations thereafter. The European Parliament’s Committee on International Trade (INTA) organised ...

Section 15 of China’s Protocol of Accession to the World Trade Organisation (WTO) allows importing WTO members to determine, under their national law, whether China is considered to be a market economy for the purpose of price comparability and of calculating dumping margins. Some provisions of this section expire on 11 December 2016, leaving uncertainty as to how China should be treated in antidumping investigations thereafter. The European Parliament’s Committee on International Trade (INTA) organised a workshop jointly with the Policy Department of the Directorate-General for External Policies in order to hear the views of different academic experts on both the legal and the economic implications.

Externí autor

Bernard O'CONNOR, Jean-François BELLIS, Robert SCOTT and Maurizio ZANARDI

New Trade Rules for China? Opportunities and Threats for the EU

23-02-2016

Paragraph (a) (ii) of Article 15 in China’s Accession Protocol to the WTO - which determines the basis on which dumping margins are calculated in Anti-dumping proceedings against China - is about to expire in December 2016. This ad hoc briefing aims to shed light on the economic and political implications that may arise for the EU from different strategies related to the treatment of China after this date, including the possibility of granting it market economy status. The study provides an economic ...

Paragraph (a) (ii) of Article 15 in China’s Accession Protocol to the WTO - which determines the basis on which dumping margins are calculated in Anti-dumping proceedings against China - is about to expire in December 2016. This ad hoc briefing aims to shed light on the economic and political implications that may arise for the EU from different strategies related to the treatment of China after this date, including the possibility of granting it market economy status. The study provides an economic, legal, as well as political overview of EU Anti-dumping regulation and compares it to that of China’s other main trading partners. It demonstrates that Anti-dumping constitutes a significant and frequently used trade defence instrument, although its use is extremely heterogeneous across countries and sectors. Even though market economy status is associated with lower Anti-dumping duties, granting it to China would not render the EU defenceless against dumping. Beyond first order effects on the magnitudes of AD duties, a unilateral decision will have much wider implications, both for the EU’s relations with China as well as with other countries, particularly the USA. These have to be taken into account in the decision making process. This ad hoc briefing can only be a first step towards a full understanding of the impacts of granting MES to China on EU trade policy and European welfare. The briefing illustrates that more research is required.

Externí autor

Erdal YALCIN, Gabriel FELBERMAYR, Alexander SANDKAMP

Improving corporate tax policies in the EU

08-12-2015

Aggressive corporate tax practices covering the Member States and extending beyond the European Union (EU) have been extensively described and assessed over the past year. Measures to address and remedy the situation are on the agendas of Member States and the EU alike. Please click here for the full publication in PDF format

Aggressive corporate tax practices covering the Member States and extending beyond the European Union (EU) have been extensively described and assessed over the past year. Measures to address and remedy the situation are on the agendas of Member States and the EU alike. Please click here for the full publication in PDF format

Assessment of Trade Defence Policy decisions for 2014

10-06-2015

This paper assesses two vital issues concerning the EU’s trade defence activities. The first aspect concerns a transparency issue and the second pertains to the practical application of the trade defence instruments. On the first aspect, the paper concludes that the Annual Report issued by the European Commission to the European Parliament on trade defence activities needs a fundamental revision in terms of structure, content and timing of its issuance. In its current format the Annual Report fails ...

This paper assesses two vital issues concerning the EU’s trade defence activities. The first aspect concerns a transparency issue and the second pertains to the practical application of the trade defence instruments. On the first aspect, the paper concludes that the Annual Report issued by the European Commission to the European Parliament on trade defence activities needs a fundamental revision in terms of structure, content and timing of its issuance. In its current format the Annual Report fails to serve the purpose for which it was conceived in the first place. As regards the practical application of the trade defence instruments, the paper demonstrates that certain recent changes in the European Commission’s practice are target-oriented. Moreover, apart from the fact that the legality of certain practices is not assured, some of the new practices could backfire against EU exporting producers if third countries, which tend to emulate the EU’s practice, were to adopt them.

Chystané akce

01-10-2019
Health threats from climate change: Scientific evidence for policy-making
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