Trade and customs—European Union—Q&A guide

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Trade and customs—European Union—Q&A guide
  • 1. What is the main domestic legislation as regards trade remedies?
  • 2. In general terms what is your country’s attitude to international trade? Has it raised tariffs in the last year?
  • 3. Which authority or authorities conduct trade defence investigations and impose trade remedies in your jurisdiction?
  • 4. What is the procedure for domestic industry to start a trade remedies case in your jurisdiction? Can the regulator start an investigation ex officio?
  • 5. What is the procedure for foreign exporters to defend a trade remedies case in your jurisdiction?
  • 6. Are the WTO rules on trade remedies applied in national law?
  • 7. What is the appeal procedure for an unfavourable trade remedies decision? Is appeal available for all decisions? How likely is an appeal to succeed?
  • 8. How and when can an affected party seek a review of the duty or quota? What is the procedure and time frame for obtaining a refund of overcharged duties? Can interest be claimed?
  • 9. What are the practical strategies for complying with an anti-dumping/countervailing/safeguard duty or quota?
  • More...

Trade and customs—European Union—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to trade and customs in European Union published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2021).

Authors: Fieldfisher—Laurent Ruessmann; Jochen Beck

1. What is the main domestic legislation as regards trade remedies?

The EU's anti-dumping rules are set out in Council Regulation (EU) No. 2016/1036 as amended.

The EU's anti-subsidy rules are set out in Council Regulation (EU) No. 2016/1037 as amended.

The EU safeguard rules concerning imports from other members of the World Trade Organization (WTO) are set out in Council Regulation (EU) No. 2015/478 (related to imports from WTO members).

The EU safeguard rules for imports from countries that are not WTO members are set out in Council Regulation (EU) No. 2015/755 as amended (related to imports from non-WTO members).

2. In general terms what is your country’s attitude to international trade? Has it raised tariffs in the last year?

The European Union is a WTO member and comprises 27 member states. Among its founding principles are the free movement of goods, free movement of people, free movement of capital and free movement of services. Within the European Union, most trade is, therefore, free from restrictions. Exceptions exist for certain types of goods, such as military items, certain dual-use items, waste, pesticides and biocides, and for reasons of national

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