The EU’s New Trade Defence Laws: A Two Steps Approach

Abstract

The article describes in detail the far-reaching changes to the EU’s trade defence instruments (the Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation). For the first time since the WTO Uruguay Round, these laws have been subject to a major overhaul. This major overhaul has been achieved in two steps. In December 2017, a new methodology for the calculation of normal values in case of state-induced distortions in the exporting country was introduced. In a second step, in May 2018, a large number of other changes to the two Basic Regulations will enter into force. The most important of these changes cover a revision of the rules on the calculation of the injury margin and a pre-notification of interested parties 3 weeks prior to the imposition of provisional measures. Moreover, the new rules accept trade unions as interested parties and they recognise—in well-defined circumstances—the importance of multilateral labour and environmental agreements.