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EU Moving Forward With New Anti-Dumping Regime

by Ulrika Lomas, Tax-news.com, Brussels

08 May 2017


The European Presidency is to open negotiations with the European Parliament on proposals for a new, country-neutral anti-dumping methodology.

On May 3, EU ambassadors approved the Council's position on the proposed methodology. The Council's position reflects to a large extent the main principles put forward by the Commission in its November 2016 proposal.

It establishes a non-exhaustive list of examples which will be used to identify significant market distortions. These include: state policies and influence; widespread presence of state-owned enterprises; discrimination in favor of domestic companies; lack of independence of the financial sector, and inadequate enforcement of bankruptcy, corporate, or property laws.

Where a significant distortion is recognized in an exporting country, the Commission will set a price for the product by referring either to the costs of production and sale prices in a country with similar levels of economic development or to appropriate undistorted international costs and prices. The Commission will also draft specific reports on countries or sectors, which will describe distortions.

In line with current practice, the onus will be on EU firms to file complaints. However, they will be able to use the Commission's reports to support their case.

The Council and the European Parliament must now reach an agreement on a final text. The Council will be able to begin discussions with the Parliament as soon as the Parliament determines its own negotiating position.

Christian Cardona, Malta's Economy Minister, said: "We gave our support to a new, non-discriminatory anti-dumping methodology that will help ensure that imported products are sold at a fair and equitable price in the EU, no matter where they come from. This will strengthen Europe's trade defense instruments and will help protect jobs and enhance competitiveness."

TAGS: Malta | law | tariffs | anti-dumping | enforcement | trade | European Union (EU) | Europe

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