10

tulos(ta)

Hakusana(t)
Julkaisutyyppi
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Laatija
Päivämäärä

Safeguarding competition in air transport

20-05-2019

The issue of fair competition between EU and third-country airlines and the importance of guaranteeing a level playing field has been recognised for some years by the various EU institutions as key for the future of European aviation. The 2015 Commission communication on the aviation strategy underlined the importance and legitimacy of EU action to deal with possible unfair commercial practices in international aviation, and announced the revision of existing rules in this field. On 8 June 2017, ...

The issue of fair competition between EU and third-country airlines and the importance of guaranteeing a level playing field has been recognised for some years by the various EU institutions as key for the future of European aviation. The 2015 Commission communication on the aviation strategy underlined the importance and legitimacy of EU action to deal with possible unfair commercial practices in international aviation, and announced the revision of existing rules in this field. On 8 June 2017, the Commission adopted a legislative proposal for a regulation on safeguarding competition in air transport. The objective of the proposal is to provide effective legislation in order ‘to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries’ air carriers’. Parliament and Council reached agreement on the text in November 2018. The text was formally adopted by Parliament on 14 March 2019 and by Council on 9 April. Signed on 17 April, the new regulation comes into force on 30 May 2019. Fifth edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Modernising trade defence instruments

03-07-2018

Trade defence instruments (TDIs) play a vital role in countering unfair trade practices from third countries and in levelling the playing field for EU companies, notably in times of mounting global overcapacity in a number of sectors. In April 2013, the Commission adopted a proposal to modernise the EU's basic Anti dumping and Anti-subsidy (AD/AS) Regulations. The reform was intended to enhance the transparency and predictability of investigations and increase the effectiveness and enforcement of ...

Trade defence instruments (TDIs) play a vital role in countering unfair trade practices from third countries and in levelling the playing field for EU companies, notably in times of mounting global overcapacity in a number of sectors. In April 2013, the Commission adopted a proposal to modernise the EU's basic Anti dumping and Anti-subsidy (AD/AS) Regulations. The reform was intended to enhance the transparency and predictability of investigations and increase the effectiveness and enforcement of AD/AS measures. Parliament adopted its position on the proposal in 2014, but the procedure was deadlocked in the Council until November 2016. Following interinstitutional negotiations, a political agreement was achieved in December 2017. After the Council’s adoption of its first-reading position in April 2018, the text was formally adopted by Parliament in May 2018. In 2016, the legislative procedure on the reform of the methodology for calculating AD duties was launched as a second pillar of the TDI reform. See also our 'EU Legislation in progress' briefing on that proposal: Protection from dumped and subsidised imports. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Competition in Air Transport

16-04-2018

Competition in the aviation sector pertains to different sets of rules, competition law on the one hand and, given the cross-border interdependencies of transport markets, international rules on the other hand. The workshop aimed to examine the current situation of competition in air transport using the proposed regulation on Safeguarding competition in air transport, repealing Regulation (EC) No 868/2004 as a practical example and starting point for the discussion. The Committee on Economic and ...

Competition in the aviation sector pertains to different sets of rules, competition law on the one hand and, given the cross-border interdependencies of transport markets, international rules on the other hand. The workshop aimed to examine the current situation of competition in air transport using the proposed regulation on Safeguarding competition in air transport, repealing Regulation (EC) No 868/2004 as a practical example and starting point for the discussion. The Committee on Economic and Monetary Affairs (ECON) has prepared a legislative opinion to this dossier. This Workshop was prepared by Policy Department A at the request of the Committee on Economic and Monetary Affairs (ECON).

Ulkopuolinen laatija

Kay MITUSCH, Universit Karlsruhe, Pablo MENDES DE LEON, University Leiden and Internationa Civil Aviation Organization (ICAO)

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.

Calculation of dumping margins: EU and US rules and practices in light of the debate on China's Market Economy Status

31-05-2016

Dumping margin is at the heart of findings by importing countries of the existence of dumping practices, as well as in setting the duty they may apply. This paper sets out the different methods of calculation in use as well as possible modifications that could be applied. It focuses on the case of China, in the context of the forthcoming decision on whether the country should gain market economy status. The calculation of the dumping margin is fundamental for two reasons in antidumping investigations ...

Dumping margin is at the heart of findings by importing countries of the existence of dumping practices, as well as in setting the duty they may apply. This paper sets out the different methods of calculation in use as well as possible modifications that could be applied. It focuses on the case of China, in the context of the forthcoming decision on whether the country should gain market economy status. The calculation of the dumping margin is fundamental for two reasons in antidumping investigations: firstly it is a fundamental requirement for the introduction of an antidumping measure; in order to find dumping the dumping margin has to be greater than de minimis (i.e. less than 2%); secondly it defines the upper boundary of the antidumping duty if applied. The method for dumping margin calculations differs depending whether the country of export is considered a market economy or a non-market economy. This paper looks at the differences in the methods for calculation of dumping margin and in particular normal values in investigation against exporters in a market economy and against exporters in non-market economies. It also looks at the differences in the European Union and United States approaches towards non-market economies, and uses empirical analysis to see how different methodologies are used in investigations against China, before concluding on the policy options provided for in the framework of the 2016 amendment of section 15 to China's Protocol of Accession to the World Trade Organization. On this topic, see also other EPRS publications: Gisela Grieger, 'Major EU-China anti-dumping cases', May 2016; Laura Puccio, 'Granting Market Economy Status to China: An analysis of WTO law and of selected WTO members' policy', November 2015.

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.

Proceedings of the Workshop on "Modernisation of the EU's Trade Defence Instruments (TDI)"

04-04-2014

Proceedings of the Workshop on "Modernisation of the EU's Trade defence instruments", held on 7 November 2013, in Brussels.

Proceedings of the Workshop on "Modernisation of the EU's Trade defence instruments", held on 7 November 2013, in Brussels.

Ulkopuolinen laatija

Edwin VERMULST (World Trade Institute, Bern and IELPO, Barcelona, Spain) and Olivier PROST (international trade expert, Brussels, Belgium)

Administrative Procedures in EU External Trade Law

15-03-2011

This study provides an analysis of the current state of play as regards EU administrative law in the field of trade policy. This is an established area of EU policy, in which a range of administrative-type measures are adopted at central EU level. The study first attempts to define the scope of the EU’s administrative law in trade matters. It subsequently explores whether there are any best practices in this field, which may be relevant to other areas of EU administrative law, or which may inspire ...

This study provides an analysis of the current state of play as regards EU administrative law in the field of trade policy. This is an established area of EU policy, in which a range of administrative-type measures are adopted at central EU level. The study first attempts to define the scope of the EU’s administrative law in trade matters. It subsequently explores whether there are any best practices in this field, which may be relevant to other areas of EU administrative law, or which may inspire horizontal, codifying legislation.

Ulkopuolinen laatija

Piet Eeckhout (Centre of European Law, King’s College London)

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