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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 ...

Le dumping et les subventions aux exportations provenant de pays tiers constituent des pratiques commerciales déloyales susceptibles de causer un préjudice au pays importateur. Le droit de l’OMC permet de compenser ce préjudice par l’instauration de droits spéciaux appelés instruments de défense commerciale (IDC). Afin que l’Union européenne puisse recourir à ces instruments pour résoudre les problèmes actuels, notamment la surcapacité, dans l’environnement commercial international, la Commission ...

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 ...

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 ...

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 ...

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

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 ...