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May 22, 2013

The EC proposes a reform of the trade defence instruments

The European Trade Commissioner, Karel de Gucht, presented on April 10 the new EU strategy towards trade defence instruments (anti-dumping, safeguard and anti-subsidy measures). After a public consultation and a study on the functioning of existing instruments, the EC was convinced of the need to reform the system and, in particular, to revise Regulation (EC) No 1225/2009 (anti-dumping) and Regulation (EC) No 597/2009 (anti-subsidy measures). In this regard, a new Communication COM(2013)191 and a proposal for a Regulation COM(2013)192 have been published. In the Communication, the EC describes its proposals for modernising the European trade defence instruments. These legislative changes can be found in COM(2013)192 but also in actions that do not require changes to the texts. Among the salient aspects of the proposed Regulation, which will be subject to the ordinary legislative procedure, there is the intention to improve transparency and predictability, through, for example, giving notice of the start date of the imposition of the sanction to interested parties two weeks in advance. It also guarantees to the parties that they will not be imposed measures within this two-week period. Finally, it seeks to improve the effectiveness of the instrument by removing unnecessary rules. Among other measures, which do not involve legislative changes, there is the EC's willingness to spread more information and provide more support to SMEs through the SME Helpdesk. In this way, even small and medium-sized enterprises will be able to submit complaints if they are victims of unfair practices.


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