The International Trade Law Review: European Union

Legal framework

The EU's trade defence investigation (TDI) legislation was not subject to any changes in 2019.

In respect of anti-dumping and anti-subsidy, current legislation comprises Regulation (EU) 2016/10367 (the basic Anti-Dumping Regulation) and Regulation (EU) 2016/10378 (the basic Anti-Subsidy Regulation). In 2018, these Regulations were overhauled substantially by the adoption of Regulations (EU) 2017/23219 and 2018/825.10 As explained in previous editions of this book, the former introduced a new methodology applicable to normal value calculations, regardless of origin, whereby domestic prices and costs are established to be significantly distorted because of state intervention, while the latter modernised the EU's TDI for the first time since 1996.

Similarly, safeguard measures in the EU continue to be governed by Regulation (EC) 2015/478,11 which concerns the rules on imports from World Trade Organization (WTO) Members, and Regulation (EU) 2015/755,12 which applies to imports from non-WTO Members. No changes to these Regulations resulted from the above-mentioned legislative developments.

Outlook

The effect of global trade tensions and the covid-19 pandemic is likely to accelerate the already existing trend of diverting global supply chains from countries affected by increasing trade tensions to a number of countries offering greater sourcing resilience.167 China might be the main loser in that regard. The authors believe that this effect will also lead to new 'target' countries for TDI purposes. The GFF investigation into Chinese-financed production facilities in Egypt is just the beginning of that trend.

That being said, 2020 is unlikely to prove a boon for TDI lawyers. While TDI activity is usually countercyclical – economic operators needing greater protection when times are tough – trade defence measures require, first and foremost, trade. With a dramatic slowdown in the latter, there is unlikely to be much activity in the former. For the coming year, it is thus reasonable and realistic to predict a decline in the Commission's TDI activity, as compared to the 'healthy' TDI year in 2019.

Gloomy outlooks on one front make for even gloomier ones on another: Brexit. However, rarely have such outlooks swayed the position of politicians: 'the doomsters and gloomsters' would be wrong about their Brexit predictions, Prime Minister Johnson said in July 2019. A year after that speech, we are still covering the issue of Brexit in this chapter, as the terms of the new relationship between the UK and the EU remain uncertain and the transition period is very likely to be extended. Whether the realities of global economic development provide for a more sobering incentive to delay the current deadline of 31 July 2020 for the conclusion of the future trade deal with the EU, we will see next year.

So, what is to come otherwise? Simon Evenett observes that the covid-19 crisis is reminiscent of the old mantra that each sharp global downturn brings with it a rise in discrimination against foreign commercial interests.168 There is certainly some truth to that in relation to the EU. At its horizon linger those as yet unnamed policy tools that the White Paper designates as necessary to countervail – to use a known term – the effects of foreign subsidies doled out across the globe that have a distortive effect on the internal market. That is not just in response to covid-19, but certainly also with a view to softening the resulting economic blow. If legislative consultations on those instruments commence, they would revolutionise the EU's trade policy arsenal (as outdated and small as it is). At the same time, the new tools might influence tit-for-tat measures in other areas of the world. However, those are mere predictions swaying like loose cargo in a rugged ocean of uncertainty.

Footnotes

1 Nicolaj Kuplewatzky is a référendaire at the Court of Justice of the European Union and Nia Bagaturiya is an associate at V V G B.

2 Aljoscha Nau, IW-Policy Paper 9/2020, 'World Trade in 2020: The show must go on!', 28 April 2020, p. 2.

3 World Health Organization, “Historic health assembly ends with global commitment to COVID-19 response', news release of 19 May 2020, at https://www.who.int/news-room/detail/19-05-2020-historic-health-assembly-ends-with-global-commitment-to-covid-19-response">https://www.who.int/news-room/detail/19-05-2020-historic-health-assembly-
ends-with-global-commitment-to-covid-19-response (last accessed 25 June 2020).

4 See, for instance, J Horowitz, 'Europe's “stimulus fireworks”: ECB and Germany throw new wall of money at the economy', CNN business, 4 June 2020, at https://edition.cnn.com/2020/06/04/economy/europe-stimulus-
ecb-germany/index.html
(last accessed 25 June 2020). See also S Nagarajan, 'EU plans a record-breaking $826 billion stimulus package to soothe Europe's economic pain from the coronavirus', Markets Insider, 27 May 2020, at https://markets.businessinsider.com/news/stocks/eu-unveils-new-groundbreaking-covid-19-stimulus-826-billion-2020-5-1029236883?utm_source=markets&utm_medium=ingest">https://markets.businessinsider.com/news/stocks/eu-unveils-new-groundbreaking-covid-19-
stimulus-826-billion-2020-5-1029236883?utm_source=markets&utm_medium=ingest (last accessed 25 June 2020).

5 See, generally, in that regard, European Commission, DG Competition, 'State aid rules and coronavirus', at https://ec.europa.eu/competition/state_aid/what_is_new/covid_19.html (last accessed 25 June 2020).

6 OECD Policy Responses to Coronavirus (COVID-19), 'COVID-19 and international trade: Issues and actions', 10 April 2020, at http://www.oecd.org/coronavirus/policy-responses/covid-19-and-international-trade-issues-and-actions-494da2fa/">http://www.oecd.org/coronavirus/policy-responses/covid-19-and-international-trade-issues-and-actions-494da2fa/ (last accessed 25 June 2020).

7 Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (codification), OJ L 176, 30 June 2016, p. 21.

8 Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (codification), OJ L 176, 30 June 2016, p. 55.

9 Regulation (EU) 2017/2321 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union, OJ L 338, 19 December 2017, p. 1.

10 Regulation (EU) 2018/825 of the European Parliament and of the Council of 30 May 2018 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union, OJ L 143, 7 June 2018, p. 1.

11 Regulation (EC) 2015/478 of the European Parliament and of the Council of 11 March 2015 on common rules for imports (codification), OJ L 83, 27 March 2015, p. 16.

12 Regulation (EC) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (recast), OJ L 123, 19 May 2015, p. 33.

13 38th Annual Report from the Commission to the Council and the European Parliament on the EU's Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of trade defence instruments by Third Countries targeting the EU in 2019 (2020), p. 2.

14 id., at pp. 1 to 3.

15 id., at p. 7.

16 Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products, OJ L 31, 1 February 2019, p. 27.

17 The traditional levels of imports into the EU were preserved and will be increased progressively. The main supplying countries benefit from country-specific quotas based on their own historical imports.

18 Until 30 June 2021.

19 Commission Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain steel products, OJ L 31, 1 February 2019, p. 54.

20 Notice of initiation concerning the review of the safeguard measures applicable to imports of certain steel products, OJ C 169, 17 May 2019, p. 9.

21 Commission Implementing Regulation (EU) 2019/1590 of 26 September 2019 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products, OJ L 248, 27 September 2019, p. 28.

22 Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJ L 269, 10 October 2013, p. 1.

23 Commission Implementing Regulation (EU) 2020/35 of 15 January 2020 amending Implementing Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel products, OJ L 12, 16 January 2020, p. 13.

24 Notice of initiation concerning a review of the safeguard measures applicable to imports of certain steel products, OJ C 51, 14 February 2020, p. 21.

25 Note to the file, 30 April 2020, Trade H5/EA/t20. t20.003257.

26 Commission Implementing Regulation 2019/244 of 11 February 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina, OJ L 40, 12 February 2019, p. 1.

27 Commission Implementing Decision 2019/245 of 11 February 2019 accepting undertaking offers following the imposition of definitive countervailing duties on imports of biodiesel originating in Argentina, OJ L 40, 12 February 2019, p. 71.

28 Commission Implementing Regulation (EU) 2019/2092 of 28 November 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Indonesia, OJ L 317, 9 December 2019, p. 42.

29 See Notice of initiation of an anti-subsidy proceeding concerning imports of biodiesel originating in Argentina and Indonesia, OJ C 342, 10 November 2012, p. 12 and Notice of initiation of an anti-dumping proceeding concerning imports of biodiesel originating in Argentina and Indonesia, OJ C 260, 29 August 2012, p. 8.

30 Actions brought on 27 March 2020, T-111/20 PT Wilmar Bioenergi Indonesia and Others v. Commission; T-138/20 PT Ciliandra Perkasa v. Commission; and 2 March 2020, T-143/20 PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v. Commission, at http://curia.europa.eu/">http://curia.europa.eu/ (last accessed 25 June 2020).

31 Notice of initiation of an anti-subsidy proceeding concerning imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt, OJ C 167, 16 May 2019, p. 11.

32 id., at Section 3.2.

33 Notice of initiation of an anti-subsidy proceeding concerning imports of continuous filament glass fibre products [GFR] originating in Egypt, OJ C 192, 7 June 2019, p. 30.

34 Notice of initiation of an anti-subsidy proceeding concerning imports of certain hot-rolled stainless steel sheets and coils originating in the People's Republic of China and Indonesia, OJ C 342, 10 October 2019, p. 18.

35 On 6 March 2020, provisional countervailing duties were imposed on imports of GFR from Egypt – see Commission Implementing Regulation (EU) 2020/379 of 5 March 2020 imposing a provisional countervailing duty on imports of continuous filament glass fibre products originating in Egypt, OJ L 69, 6 March 2020, p. 14.

36 V Crochet, V Hegde, 'China's Going Global Policy: Transnational Subsidies under the WTO SCM Agreement', Leuven Centre for Global Governance Studies, Working Paper No. 220, February 2020, p. 21.

37 id.

38 Commission Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt, OJ L 189, 15 June 2020, p. 1.

39 id., at Recitals (685) to (689).

40 id., at Article 1.2.

41 See Tech-Fab Europe's news report titled 'European glass fibre fabrics manufacturers welcome new era in EU trade defence to counter foreign subsidies', at https://tech-fab-europe.eu/news/new-era-in-eu-trade-defence-to-
counter-foreign-subsidies/ (last accessed 25 June 2020).

42 Commission Implementing Regulation (EU) 2020/492 of 1 April 2020 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt, OJ L 108, 6 April 2020, p. 1.

43 The main cost factor taken into account is the cost of raw materials, which the Commission found was distorted and subsidised.

44 Commission Implementing Regulation (EU) 2020/776 of 12 June 2020 imposing definitive countervailing duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt and amending Commission Implementing Regulation (EU) 2020/492 imposing definitive anti-dumping duties on imports of certain woven and/or stitched glass fibre fabrics originating in the People's Republic of China and Egypt, OJ L 189, 15 June 2020, p. 166 to 167, Article 2.

45 Article 2.6.a(a) of Regulation (EU) 2017/2321 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union, OJ L 338, 19 December 2017, p. 1.

46 Commission Implementing Regulation (EU) 2020/353 of 3 March 2020 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of steel road wheels originating in the People's Republic of China, OJ L 65, 4 March 2020, pp. 9 to 23.

47 Regulation (EU) 2019/1259 of 24 July 2019 imposing a definitive anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron and spheroidal graphite cast iron, originating in the People's Republic of China and Thailand, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, OJ L 197, 25 July 2019, pp. 2 to 36.

48 Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) No 2016/1036, OJ L 189, 15 July 2019, pp. 8 to 67.

49 Regulation (EU) 2019/915 of 4 June 2019 imposing a definitive anti-dumping duty on imports of certain aluminium foil in rolls originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, OJ L 146, 5 June 2019, pp. 63 to 97.

50 Regulation (EU) 2019/687 of 2 May 2019 imposing a definitive anti-dumping duty on imports of certain organic coated steel products originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, OJ L 116, 3 May 2019, pp. 5 to 38.

51 Regulation (EU) 2019/1267 of 26 July 2019 imposing a definitive anti-dumping duty on imports of tungsten electrodes originating in the People's Republic of China following an expiry review under Article 11(2) of Regulation (EU) 2016/1036, OJ L 200, 29 July 2019, pp. 4 to 32.

52 Commission Implementing Regulation (EU) 2020/39 of 16 January 2020 imposing a definitive anti-dumping duty on imports of peroxosulphates (persulphates) originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, OJ L 13, 17 January 2020, p. 18.

53 Commission Implementing Regulation (EU) 2019/1379 of 28 August 2019 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China as extended to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka, Tunisia, Cambodia, Pakistan and the Philippines, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) No 2016/1036, OJ L 225, 29 August 2019, p. 1.

54 Commission Implementing Regulation (EU) 2019/1662 of 1 October 2019 imposing a definitive anti-dumping duty on imports of ironing boards originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council, OJ L 252, 2 October 2019, p. 1.

55 Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of ferro-silicon originating in Russia and the People's Republic of China, OJ C 123, 2 April 2019, p. 9.

56 The expiry review of the anti-dumping measures applicable to imports of ferro-silicon originating in Russia and the People's Republic of China has not been concluded yet.

57 Russia – at 27.77 EUR/t (Azot and Nevinnomyssky Azot), 42.47 EUR/t (Acron and other companies); in Trinidad and Tobago – at 22.24 EUR/t; and in the United States – at 29.48 EUR/t.

58 Commission Implementing Regulation (EU) 2019/1688 of 8 October 2019 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America, OJ L 258, 9 October 2019, p. 21.

59 Commission Implementing Regulation 2019/576 of 10 April 2019 imposing a provisional anti-dumping duty on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America, OJ L 100, 11 April 2019, p. 7, and Commission Implementing Regulation (EU) 2019/1688 of 8 October 2019 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America, OJ L 258, 9 October 2019, p. 21.

60 Action brought on 18 December 2019, Case T-865/19 Nevinnomysskiy Azot and NAK “Azot” v. Commission, at http://curia.europa.eu/">http://curia.europa.eu/(last accessed 25 June 2020).

61 Decision (EU) 2019/339 of the President of the European Commission of 21 February 2019 on the function and terms of reference of the hearing officer in certain trade proceedings, OJ L 60, 28 February 2019, p. 20.

62 id., at Article 1: Regulation (EU) No. 2016/1036 and, in particular, Articles 5(10) and (11), 6(5) to (8), 8(3), (4) and (9), and 18 to 21 thereof; Regulation (EU) 2016/1037 and, in particular, Article 10(12) and (13), 11(5) to (8) and (10), 13(3), (4) and (9), and 28 to 31 thereof; Regulation (EU) 2015/478 of the European Parliament and of the Council (6) and, in particular, Arts. 5 and 8 thereof; Regulation (EU) 2015/755 of the European Parliament and of the Council (7) and, in particular, Articles 3 and 5 thereof; Regulation (EU) 2015/1843 of the European Parliament and of the Council (8) and, in particular, Articles 9 and 10 thereof; Regulation (EU) 2016/1035 of the European Parliament and of the Council (9) and, in particular, Articles 5(12) and (13), 6(5) to (8), and 12, 13 and 14 thereof; Regulation (EC) No. 868/2004 of the European Parliament and of the Council (10) and, in particular, Articles 7 and 8 thereof; Regulation (EU) No. 978/2012 of the European Parliament and of the Council (11) and, in particular, Article 24 thereof; Commission Delegated Regulation (EU) No. 155/2013 (12) and, in particular, Article 6 thereof; Commission Delegated Regulation (EU) No. 1083/2013 (13) and, in particular, Article 5 thereof; and Regulation (EU) 2015/476 of the European Parliament and of the Council (14) and, in particular, Articles 1(2) and 2(2) thereof.

63 id., at Article 5.

64 id., at Article 6.

65 The Treaty territory of the EU also extends to the 'continental shelf' and 'exclusive economic zones' of the Member States, as defined by the United Nations Convention on the Law of the Sea.

66 Commission Implementing Regulation (EU) 2019/1131 of 2 July 2019 establishing a customs tool in order to implement Article 14a of Regulation (EU) 2016/1036 of the European Parliament and of the Council and Article 24a of Regulation (EU) 2016/1037 of the European Parliament and of the Council, OJ L 179, 3 July 2019, p. 12.

67 See the Commission's news archive of 3 July 2019, 'EU extends trade defence rules to continental shelf and exclusive economic zones of Member States', at http://trade.ec.europa.eu/doclib/press/index.cfm?id=2043">http://trade.ec.europa.eu/doclib/press/index.cfm?id=2043 (last accessed 25 June 2020).

68 In 2019, the Commission initiated 16 new investigations, eight expiry reviews, two interim reviews and seven reinvestigations or reopenings. Also, the Commission increased its efforts to enforce measures, notably by initiating four anti-circumvention cases and one anti-absorption investigation.

69 Commission Implementing Regulation (EU) 2019/1997 of 29 November 2019 reopening the investigation following the judgment of 19 September 2019, in Case C‐251/18 Trace Sport SAS, with regard to Council Implementing Regulation (EU) No. 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No. 990/2011 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, OJ L 310, 2 December 2019, p. 29.

70 Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People's Republic of China, OJ C 414, 10 December 2019, p. 14.

71 Commission Implementing Regulation (EU) 2019/2149 of 13 December 2019 initiating a 'new exporter' review of Implementing Regulation (EU) 2019/1379 imposing a definitive anti-dumping duty on imports of bicycles originating in the People's Republic of China for one Chinese exporting producer, repealing the duty with regard to imports from that exporting producer and making these imports subject to registration, OJ L 325, 16 December 2019, p. 159.

72 Notice of reopening the anti-dumping investigation concerning imports of certain cast iron articles originating in the People's Republic of China, OJ C 425, 18 December 2019, p. 9.

73 Notice of initiation of an anti-dumping proceeding concerning imports of pins and staples originating in the People's Republic of China, OJ C 425, 18 December 2019, p. 21.

74 Notice of initiation of an expiry review of the anti-dumping measures applicable to imports of sulphanilic acid originating in the People's Republic of China OJ C 425, 18 December 2019, p. 39.

75 Commission Implementing Regulation (EU) 2019/2171 of 17 December 2019 initiating an investigation concerning possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2019/1267 on imports of tungsten electrodes originating in the People's Republic of China by imports of tungsten electrodes consigned from India, Laos and Thailand, whether declared as originating in India, Laos and Thailand or not, and making such imports subject to registration, OJ L 329, 19 December 2019, p. 86.

76 See the Committee's on International Trade 'Hearing of Commissioner-designate Phil Hogan' of 30 September 2019, at https://www.europarl.europa.eu/resources/library/media/20191004RES63483/20191004RES63483.pdf">https://www.europarl.europa.eu/resources/library/media/20191004RES63483/
20191004RES63483.pdf (last accessed 25 June 2020).

77 id.

78 See 'Commissioner Hogan announces new transparency package', of 18 February 2020, at https://trade.ec.europa.eu/doclib/press/index.cfm?id=2117">https://trade.ec.europa.eu/doclib/press/index.cfm?id=2117 (last accessed 25 June 2020).

79 Regulation (EC) No. 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ L 145, 31 May 2001, p. 43.

80 See 'Commission reinforces tools to ensure Europe's interests in international trade', of 12 December 2019, at https://trade.ec.europa.eu/doclib/press/index.cfm?id=2091">https://trade.ec.europa.eu/doclib/press/index.cfm?id=2091 (last accessed 25 June 2020).

81 Regulation (EU) No. 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the Union's rights for the application and enforcement of international trade rules and amending Council Regulation (EC) No. 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization, OJ L 189 27 June 2014, p. 50.

82 See 'Trade defence report: restoring the level playing field for European producers' of 4 May 2020, at https://trade.ec.europa.eu/doclib/press/index.cfm?id=2144&title=Trade-defence-report-restoring-the-level-playing-field-for-European-producers">https://trade.ec.europa.eu/doclib/press/index.cfm?id=2144&title=Trade-defence-report-restoring-the-level-
playing-field-for-European-producers (last accessed 25 June 2020).

83 38th Annual Report from the Commission to the Council and the European Parliament on the EU's Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of trade defence instruments by Third Countries targeting the EU in 2019 (2020), p. 1.

84 id., at p. 11.

85 Judgment of 12 September 2019, Case C-709/17 P Commission v. Kolachi Raj Industrial, EU:C:2019:717, para. 107.

86 I Monterosa, O Guinea, P Lamprecht, 'Trade in Time of Corona: what's next for the EU?', June 2020, at https://ecipe.org/blog/trade-in-time-of-corona/?mc_cid=35f1e0761f&mc_eid=877e48ab45">https://ecipe.org/blog/trade-in-time-of-corona/?mc_cid=35f1e0761f&mc_eid=877e48ab45 (last accessed 25 June 2020).

87 See the Commission's report on the impact of the covid-19 pandemic on global and EU trade, 27 May 2020, p. 2, at https://trade.ec.europa.eu/doclib/docs/2020/may/tradoc_158764.pdf">https://trade.ec.europa.eu/doclib/docs/2020/may/tradoc_158764.pdf (last accessed 25 June 2020).

88 Notice on the consequences of the covid-19 outbreak on anti-dumping and anti-subsidy investigations, 13 March 2020 C(2020) 1527 final.

89 In its judgment, the ECJ noted that only the provisions relating to non-direct foreign investment and the regime governing dispute settlement between investors and states were of 'shared competence' nature. See, in this regard, N Kuplewatzky, 'Guest Editor's Introduction: Opinion 2/15 of the Court of Justice on the EU–Singapore Free Trade Agreement', Volume 13, Issue 1 (2018) pp. 2 and 3.

90 See the Commission's third annual report on the implementation of EU free trade agreements [FTAs] released on 14 October 2019.

91 These are signs used on traditional food and drink products from a specific geographical origin and which possess qualities or a reputation that are a result of that origin. Since the entry into force of the EU-Canada Comprehensive Economic and Trade Agreement, 143 names of food products are protected in Canada.

92 The EU and Japan's Economic Partnership Agreement entered into force on 1 February 2019.

93 The EU and Singapore's Free Trade Agreement and an Investment Protection Agreement entered into force on 21 November 2019.

94 The EU-Vietnam trade agreement is due to enter into force in 2020, upon conclusion of the ratification procedure by Vietnam.

95 See the Council's of the EU press release of 30 March 2020, 'EU-Vietnam: Council gives final green light to free trade agreement' (last accessed 25 June 2020).

96 In June 2019, Vietnam ratified the International Labour Organization Convention 98 on collective bargaining; in November 2019, it adopted a revised Labour Code and confirmed a timeline for the ratification of the remaining two fundamental International Labour Organization Conventions on freedom of association and on forced labour.

97 See the Commission's press release of 28 April 2020, 'EU and Mexico conclude negotiations for new trade agreement', at https://trade.ec.europa.eu/doclib/press/index.cfm?id=2142">https://trade.ec.europa.eu/doclib/press/index.cfm?id=2142 (last accessed 25 June 2020).

98 See the Commission's news archive of 26 July 2019, 'Commission publishes latest updates on trade and investment talks with Australia, New Zealand, Indonesia, Chile and China', at http://trade.ec.europa.eu/doclib/press/index.cfm?id=2054&title=Commission-publishes-latest-updates-on-trade-and-investment-talks-with-Australia-New-Zealand-Indonesia-Chile-and-China">http://trade.ec.europa.eu/doclib/press/index.cfm?id=2054&title=Commission-publishes-latest-updates-on-trade-and-investment-talks-with-
Australia-New-Zealand-Indonesia-Chile-and-China (last accessed 25 June 2020).

99 See the Committee's on International Trade 'Hearing of Commissioner-designate Phil Hogan' of
30 September 2019, at https://www.europarl.europa.eu/resources/library/media/20191004RES63483/20191004RES63483.pdf">https://www.europarl.europa.eu/resources/library/media/20191004RES63483/
20191004RES63483.pdf (last accessed 25 June 2020).

100 Thailand and the EU started FTA negotiations in 2013, but in 2014, they were put on hold after the fourth round of negotiation because of the military takeover in Thailand.

101 The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community [Withdrawal Agreement]. It was accompanied by the Protocol on Ireland and Northern Ireland, and the Political Declaration setting out the framework for the future relationship between the United Kingdom and the European Union.

102 See Article 132 of the Withdrawal Agreement.

103 See Trade Remedies Investigations Directorate [TRID] dumping, subsidisation and safeguarding investigations guidance, at https://www.gov.uk/guidance/trade-remedies-investigations-directorate-trid-dumping-and-subsidisation-investigations-guidance">https://www.gov.uk/guidance/trade-remedies-investigations-directorate-trid-dumping-and-
subsidisation-investigations-guidance (last accessed 25 June 2020).

104 The TRID was set up on 6 March 2019 within the Department for International Trade.

105 The transition reviews are expected to last 12 to 15 months.

106 The Call for Evidence ran from 28 November 2017 to 30 March 2018. After the publication of the provisional findings, on 24 July 2018, it was reopened until 24 August 2018.

107 The Call for Evidence was primarily directed at UK producers (or their representatives) that produce goods currently subject to EU anti-dumping measures or anti-subsidy measures and ongoing investigations. However, other interested parties, including downstream consumers and users, were also consulted.

108 The UK has not yet taken a view on transitioning EU safeguard measures, in particular those concerning steel. The expectation is that this will be done during the course of 2020.

109 See Regulation 98(1) of the Anti-Dumping and Anti-Subsidy Regulations, as amended by the Trade Remedies (Amendment) (EU Exit) Regulations 2019.

110 Normally, the expiry date of the UK measure should be the same as the expiry date of the relevant EU measure.

111 However, the TRID may, at its discretion, initiate a transition review earlier if there is good reason and doing so does not affect the timeline of the reviews. The initiation by the TRID follows after the publication of the notice of determination by the Secretary of State stating that a certain EU measure is to be transitioned.

112 Essentially all or a major proportion of the producers in the UK of the same or similar goods.

113 See Regulation 99A(1) of the Anti-Dumping and Anti-Subsidy Regulations, as amended by the Trade Remedies (Amendment) (EU Exit) Regulations 2019.

114 id., at Regulation 100(1).

115 Potentially, the Upper Tribunal will be required to deal with these matters as it hears appeals against decisions of the TRID (or the Trade Remedies Authority) and Security of State.

116 Commission press release, 'EU and 15 World Trade Organization members establish contingency appeal arrangement for trade disputes', 27 March 2020, at https://trade.ec.europa.eu/doclib/press/index.cfm?id=2127">https://trade.ec.europa.eu/doclib/press/index.cfm?id=2127 (last accessed 25 June 2020). See also the draft notification to the WTO Dispute Settlement Body, at https://trade.ec.europa.eu/doclib/docs/2020/march/tradoc_158685.pdf">https://trade.ec.europa.eu/doclib/docs/2020/march/tradoc_158685.pdf (last accessed 25 June 2020).

117 Communication, 'Statement on a mechanism for developing, documenting and sharing practices and procedures in the conduct of WTO Disputes', 30 April 2020, JOB/DSB/1/Add.12, at https://trade.ec.europa.eu/doclib/docs/2020/april/tradoc_158731.pdf">https://trade.ec.europa.eu/doclib/docs/2020/april/tradoc_158731.pdf (last accessed 25 June 2020).

118 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union, OJ L 79I, 21 March 2019, p. 1.

119 That is to say, Austria, Denmark, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, the Netherlands, Poland, Portugal and Spain. Prior to its withdrawal from the EU, the UK also had such a system in place.

120 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, A New Industrial Strategy for Europe, COM(2020) 102 final, 10 March 2020, at https://ec.europa.eu/info/sites/info/files/communication-eu-industrial-strategy-march-2020_en.pdf">https://ec.europa.eu/info/sites/info/files/communication-
eu-industrial-strategy-march-2020_en.pdf (last accessed 25 June 2020).

121 Communication from the Commission, Guidance to the Member States concerning foreign direct investment and free movement of capital from third countries, and the protection of Europe's strategic assets, ahead of the application of Regulation (EU) 2019/452 (FDI Screening Regulation), C(2020) 1981 final, 25 March 2020, at https://trade.ec.europa.eu/doclib/docs/2020/march/tradoc_158676.pdf">https://trade.ec.europa.eu/doclib/docs/2020/march/tradoc_158676.pdf (last accessed 25 June 2020).

123 id., at p. 4.

124 id., at p. 30.

126 European Parliament Working Group on Responsible Business Conduct, 'European Commission Promises Mandatory Due Diligence Legislation in 2021', 30 April 2020, at https://responsiblebusinessconduct.eu/wp/2020/04/30/european-commission-promises-mandatory-due-diligence-legislation-in-2021/">https://responsiblebusinessconduct.eu/wp/2020/04/30/european-commission-promises-mandatory-due-diligence-legislation-in-2021/ (last accessed 25 June 2020).

128 LOI n° 2017-399 du 27 mars 2017 relative au devoir de vigilance des sociétés mères et des entreprises donneuses d'ordre (French Duty of Vigilance law), at https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=
JORFTEXT000034290626&categorieLien=id (last accessed 25 June 2020).

129 Regulation (EU) No. 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance, OJ L 295, 12 November 2010, p. 23.

130 Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas, OJ L 130, 19 May 2017, p. 1.

131 38th Annual Report from the Commission to the Council and the European Parliament on the EU's Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of trade defence instruments by Third Countries targeting the EU in 2019 (2020), p. 5.

132 Commission Staff Working Document accompanying the 38th Annual Report from the Commission to the Council and the European Parliament on the EU's Anti-Dumping, Anti-Subsidy and Safeguard activities and the Use of trade defence instruments by Third Countries targeting the EU in 2019 (2020), p. 44.

133 Judgment in Blaas (C-207/17, EU:C:2018:840, para. 31 and the case law cited).

134 See, to that effect, para. 17 of Textilwerke Deggendorf (C-188/92, EU:C:1994:90). The Court has confirmed the principle expressed in that judgment on a number of occasions. In that regard, see, inter alia, judgments in Nachi Europe (C239/99, EU:C:2001:101, paras. 30 and 37), in Pringle (C370/12, EU:C:2012:756, para. 41); in A and Others (C158/14, EU:C:2017:202, paras. 66 and 67 and the case law cited); and, most recently, in Georgsmarienhütte and Others (C135/16, EU:C:2018:582, paras. 14 and 15).

135 Judgment in Trace Sport (C-251/18, EU:C:2019:766).

136 id., at para. 28.

137 id., at para. 36.

138 id.

139 id.

140 id., at para. 37.

141 id.

142 id. See also, for the requirement on sufficiency, judgment in TMK Europe (C-143/14, EU:C:2015:236, para. 26).

143 Judgment in TMK Europe (C-143/14, EU:C:2015:236).

144 See id., at para. 26, where this is made clear by the Court.

145 Changmao Biochemical Engineering v. Distillerie Bonollo and Others et Conseil (C-461/18 P, 23 April 2020).

146 Opinion of Advocate General Tanchev in Changmao (Case C-461/18 P, EU:C:2020:298, para. 85).

147 Judgment in Scuola Elementare Maria Montessori v. Commission (C-622/16 P to C-624/16 P, EU:C:2018:873, paras. 43 and 50).

148 id., at paras. 43 and 52.

149 Opinion of Advocate General Tesauro in Epicheiriseon Metalleftikon Viomichanikonkai Naftiliakon v. Council (C-121/86, EU:C:1989:299, p. 3930).

150 There is certainly an argument that the references in Article 3 of the Treaty on European Union to free and fair trade and Article 206 of the Treaty on the Functioning of the European Union to a contribution 'in the common interest, to the harmonious development of world trade [and] the progressive abolition of restrictions on international trade' instil also within the Union's external trade policy the idea of the same type of liberalising market order that initiated the European project ab initio.

151 Judgment in Zhejiang Jndia Pipeline Industry v. Commission (T-228/17, EU:T:2019:619). In that case, a Chinese exporting producer argued that the expiry of Section 15 of the Chinese Accession Protocol had the effect that the Commission could no longer use the non-market economy methodology contained in Article 2(7) of the basic Anti-Dumping Regulation as that possibility, in respect of China, expired on 11 December 2016. As explained in last year's review, the 'non-market economy' methodology allows the Commission to have recourse to data in a third country to replace domestic prices of Chinese producers, as prices in China are deemed not to be the normal result of market forces. Judgment in Xinyi PV Products (Anhui) Holdings v. Commission (T-586/14 RENV, EU:T:2019:669, para. 50).

152 See the judgments in Z (C-363/12, EU:C:2014:159, para. 72 and the case law cited) and Glatzel (C-356/12, EU:C:2014:350, para. 70 and the case law cited).

153 Judgment in Fediol v. Commission (Case C-70/87, EU:C:1989:254).

154 Judgment in Nakajima v. Council (C-69/89, EU:C:1991:186).

155 Recall that the Rusal Armenal line of case law that Article 2(7) of the basic Anti-Dumping Regulation is intended to lay down a special regime of detailed rules relating to the calculation of normal value, so that, in any case, that provision would fall outside the scope of the WTO agreements.

156 Judgment of 19 September 2019, Case T-228/17 Zhejiang Jndia Pipeline Industry v. Commission, EU:T:2019:619, paras. 110 to 114.

157 Opinion of Advocate General Bot of 26 March 2015, Case C-511/13 P Philips Lighting v. Council, EU:C:2015:206, para. 132.

158 Judgment of 2 April 2020, Case T-383/17 Hansol Paper v. Commission, EU:T:2020:139.

159 id., at para. 67. Needless to say, it might have helped that the limitation of the investigation 'resulted from an initial request made by the applicant', in express agreement with the applicant and the hearing officer.

160 id., at para. 67.

161 id.

162 Judgment of 10 April 2019, Case T-301/16 Jindal Saw and Jindal Saw Italia v. Commission, EU:T:2019:234.

163 Judgment of 2 April 2020, Case T-383/17 Hansol Paper v. Commission, EU:T:2020:139, paras. 199 to 204.

164 Notice of initiation concerning the review of the safeguard measures applicable to imports of certain steel products, Official Journal of the European Union, C 169, 17 May 2019, p. 9.

165 Notice of initiation concerning a review of the safeguard measures applicable to imports of certain steel products, Official Journal of the European Union, C 51, 14 February 2020, p. 21.

166 Case T-245/19 Uzina Metalurgica Moldoveneasca/Kommission.

167 'Trade war spurs sharp reversal in 2019 Reshoring Index, foreshadowing COVID-19 test of supply chain resilience', Kearney, at http://www.kearney.com/operations-performance-transformation/us-reshoring-index">http://www.kearney.com/operations-performance-transformation/us-reshoring-index (last accessed 10 June 2020).

168 R E Baldwin, S J Evenett, 'COVID-19 and Trade Policy: Why Turning Inward Won't work', CEPR Press, 2020, p. 183, at https://voxeu.org/content/covid-19-and-trade-policy-why-turning-inward-won-t-work">https://voxeu.org/content/covid-19-and-trade-policy-why-turning-inward-won-t-work (last accessed 25 June 2020).

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