International trade rules: how the EU can exercise its rights

SUMMARY OF:

Regulation (EU) 2015/1843 — International trade rules: how the EU can exercise its rights

SUMMARY

WHAT DOES THIS REGULATION DO?

• It sets out procedures enabling EU industry and countries to ask the EU institutions to examine any alleged trade barriers put in place by non-EU countries that are contrary to international trade rules.
• It seeks to find a solution to any obstacle to trade and to eliminate injury (e.g. reduced profit margins in the EU market) or adverse trade effects (e.g. economic losses on export markets) resulting from such barriers.

KEY POINTS

Who may complain?

Any EU person, company or association claiming to have suffered injury or adverse trade effects due to trade obstacles may submit a written complaint to the EU. EU countries may also submit one. It must show sufficient evidence of the existence of the trade obstacles and of the resulting injury/adverse trade effects.

Complaint procedures

Complaints must be sent to the European Commission. The Commission must inform complainants and EU countries if there is insufficient evidence to justify further investigation. A decision must generally be taken within 45 days of the complaint being lodged.

Further examination procedure

Where the Commission considers that sufficient evidence of injury exists, it may carry out a further examination. It must announce this in the EU’s Official Journal. It may seek additional information from relevant parties (e.g. competitors of the complainant) and carry out investigations in non-EU countries.

The complainants, relevant exporters and importers and EU countries have the right to inspect all information provided to the Commission and to be kept informed of all key facts. The Commission must submit a final report within 5 months, in complex cases within 7 months, to an advisory committee made up of representatives of EU countries.

Termination and suspension

When, as a result of the investigation, the Commission concludes that no further action is needed, it may close the investigation. When the Commission considers that the non-EU countries concerned have adopted measures to address the alleged trade barriers, it may suspend the procedure.

Further action to remove injury/trade obstacles

Where the Commission finds that further action is needed in order to remove the injury and/or relevant trade obstacle, it may take specific actions. These actions may include:

• preferably finding a mutually acceptable solution with the relevant non-EU country;
• initiating a dispute settlement proceeding under the World Trade Organization or the relevant bilateral trade agreement;
• suspending any trade concessions with the relevant countries;
• imposing or increasing customs duties on imports;
• introducing restrictions on imports or exports from the non-EU country concerned.

FROM WHEN DOES THE REGULATION APPLY?

It applies from 5 November 2015.

BACKGROUND

‘Trade barrier investigations’ on the European Commission’s website

ACT

Regulation (EU) 2015/1843 of the European Parliament and of the Council of 6 October 2015 laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification) (OJ L 272, 16.10.2015, pp. 1-13)

last update 14.03.2016