On 3 October 2017, an agreement on the proposal adopted by the Commission in November 2016 to change the EU’s anti-dumping and anti-subsidy legislation was reached.

The new rules provide for a new methodology to calculate dumping margins for imports from third countries in case of significant market distortions, or the pervasive influence of a State on its economy. They are formulated in a country-neutral way and in full compliance with the EU’s World Trade Organisation (WTO) obligations.

With regard to the EU anti-subsidy legislation, this will be reinforced so that any new subsidies revealed in the course of an investigation can be reviewed and taken into account in the calculation of the final duties imposed.

With the new changes, the European Union will have trade defence instruments which are able to efficiently deal with overcapacities in the international trading environment, while fully respecting the its international obligations in the legal framework of the WTO.

The new legislation ensures a transition period during which all anti-dumping measures currently in place as well as ongoing investigations will remain subject to the existing legislation, and will only apply to cases initiated after its entry into force, which is expected to be by the end of 2017.

Davide Scavuzzo