On 17 April 2019, the European Commission posted information on a public consultation under Article 9 of the EU Enforcement Regulation (Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014) in which the Commission seeks information and views regarding the EU’s economic interests. The Commission expects to receive input from private stakeholders potentially affected by planned EU commercial policy measures further to the adjudication of a trade dispute with the United States on Measures Affecting Trade in Large Civil Aircraft under the WTO Dispute Settlement Understanding (“DSU”).
The information gathering should provide the Commission with input to assist it in assessing the parameters of planned commercial policy measures. Private stakeholders.
On 11 April 2019, the WTO Dispute Settlement Body (“DSB”) adopted its recommendations and rulings in United States – Measures Affecting Trade in Large Civil Aircraft (Second complaint) – Recourse to Article 21.5 of the DSU by the European Union, confirming that the United States has failed to bring its measures, found to be inconsistent with the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”), into conformity with its obligations under that Agreement.
In accordance with paragraph 8 of the “Agreed Procedures under Articles 21 and 22 of the Dispute Settlement Understanding and Article 7 of the SCM Agreement” between the European Union and the United States with respect to this dispute, the European Union is taking steps towards requesting the Article 22.6 arbitrator to resume its work.
Upon the completion of the arbitrator’s work the European Union will request the DSB for an authorisation to take countermeasures against the United States.
Regulation (EU) No 654/2014 of the European Parliament and of the Council of 15 May 2014 concerning the exercise of the EU’s rights for the application and enforcement of international trade rules (OJ L 189, 27.6.2014) provides for the legal basis for the EU to suspend concessions or other obligations under the multilateral and plurilateral agreements covered by the WTO DSU following the adjudication of trade disputes under the WTO DSU.
In order to be in a position to promptly take action on the basis of and consistent with the decision of the arbitrator under Article 22 DSU, the Commission is required to take the respective steps under the Enforcement Regulation and the WTO DSU. In this regard, the Commission is currently assessing the parameters of the planned commercial policy measures in the form of the imposition of increased customs duties, including additional ad valorem duties of up to 100 percent, on certain products from the United States.
The Commission services have identified products originating in the United States that could potentially be subject to such increased customs duties.
In assessing the parameters of planned commercial policy measures, the Commission seeks input from private stakeholders who may be affected by such measures, as outlined in the ‘Form to be completed and submitted’ (in Word) (or in PDF), concerning the products listed in the enclosed document ‘List of Products‘. The forms must be submitted via email at the latest by 31 May 2019, 12:00 am (UTC+01:00), Brussels.
