International trade law has long been an area of single competence of the EU institutions, whether by virtue of participation in the World Trade Organisation or as a result of the EU’s single customs area and through application of the Community Customs Code. The EU single customs area secures that the EU’s external borders to all non EU countries apply a single set of rules to all imports from non EU countries.
Our international trade team has a wealth of experience advising EU manufacturers and non EU exporters alike on the operations of EU trade law. This includes:
- advising on a number of anti-dumping and anti-subsidy investigations aimed at imports into the EU of products alleged to be traded unfairly
- advising on alleged circumvention of such measures and related issues of classification and origin of the relevant goods
- advising third country governments in respect of disputes with the EU arising from alleged breaches of international trade rules and related WTO dispute settlement procedures, including in relation to bilateral agreements with certain third countries
- representing many major exporters in countries like India, China, Russia, the USA and Japan in anti-dumping and anti-subsidy cases
- representing national governments in trade disputes with the EU.
The UK’s position in relation to international trade is set to change markedly in the wake of Brexit negotiations, which could possibly result in new UK competences for issues such as anti-dumping, albeit the UK would expect to apply such rules within the framework of WTO rules and obligations. This is an area we will be monitoring carefully as negotiating positions over Brexit emerge in the months and years to come.