On 15.11.2017 the European Parliament decided to introduce stricter EU rules to prevent dumped or subsidised imports. Companies must adapt to the fact that imports may be made more difficult in the future.

New anti-dumping legislation adopted

The European Union’s new rules on anti-dumping and anti-subsidy measures are stricter than the existing rules. In particular, it is new that the European Union now also requires third countries to comply with international social and environmental standards. In this respect, social and environmental dumping will also be assessed when deciding whether anti-dumping measures should be introduced.

In addition, the European Commission will continue to monitor the situation in exporting countries so that no additional burden of proof is imposed on European industry that standards may be undermined in third countries.

The background to the creation of a new basic anti-dumping regulation is, in particular, the discussion that has taken place in recent months about whether China should be granted market economy status by the European Union. If this were to happen, the European Commission would have more stringent limits than in the past to introduce anti-dumping measures in this way. The new basic anti-dumping regulation is intended, as it were, to circumvent this dispute. It is then no longer primarily a question of China’s export prices in relation to market economy states. So-called market distortion reports will then serve as the basis of evidence in future.

Timetable for the introduction of the new basic anti-dumping Regulation

The new basic anti-dumping Regulation will enter into force after formal approval by the Council and publication in the Official Journal of the European Union. This is expected to be the case by the end of December. However, it remains to be seen whether the new regulation will comply with the rules of the World Trade Organisation (WTO). We will of course keep you informed about the new regulations.

Do you have questions about anti-dumping measures for the products you import?

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Dieser Artikel wurde am 8. August 2018 erstellt. Die fachliche Zweitprüfung hat Rechtsanwalt Dr. Tristan Wegner durchgeführt.

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