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Protection against trade barriers
Protection against trade barriers
Protection against trade barriers
This summary has been archived and will not be updated. See 'International trade rules: how the EU can exercise its rights' for an updated information about the subject.
Protection against trade barriers
SUMMARY OF:
SUMMARY
WHAT DOES THIS REGULATION DO?
KEY POINTS
Where, based on this examination procedure, the EU decides to take action, any commercial policy measures may be taken which are compatible with existing international obligations and procedures. In particular, it may:
suspend tariff concessions* and impose new or increased customs duties;
introduce or increase quantitative restrictions on imports or exports of goods;
suspend concessions regarding goods, services or suppliers in the area of public procurement.
The Council must rule on the Commission proposal to take one or more of the actions above within 30 days.
In 2014, the EU amended the Regulation (Regulation (EU) No 654/2014) adding new rules and procedures. These ensure that the EU can exercise its rights to suspend or withdraw concessions or other obligations under international trade agreements more effectively and rapidly.
The Commission can adopt acts taking action against non-EU countries in cases of urgent need. These implementing acts are immediately applicable and this procedure can only be used in duly justified cases. Measures that may be enacted by means of an implementing act include the three cited above.
FROM WHEN DOES THIS REGULATION APPLY?
Regulation (EC) No 3286/94 has applied since 1 January 1995. Regulation (EU) No 654/2014 has applied since 17 July 2014.
BACKGROUND
KEY TERMS
* Trade barrier: any trade practice adopted by a non-EU country but prohibited by international trade rules which gives a party affected by the practice a right to seek to have the effect of that practice eliminated. These international trade rules are essentially those of the World Trade Organization (WTO) and those set out in bilateral agreements with non-EU countries to which the EU is a party.
* Injury: any material injury which an obstacle to trade threatens to cause to an EU industry on the market of the EU.
* Adverse trade effects: effects that an obstacle to trade causes or threatens to cause, in respect of a product or service, to EU businesses on the market of any non-EU country.
* Concessions or other obligations: tariff concessions or any other benefits that the EU has committed itself to applying in its trade with non-EU countries by virtue of international trade agreements to which it is a party.
ACT
Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (OJ L 349, 31.12.1994, pp. 71–78)
Successive amendments and corrections to Regulation (EC) No 3286/94 have been incorporated into the basic text. This consolidated version is for reference only.
last update 30.11.2015