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The Trade Barriers Regulation TBR:

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In case of trade barriers with an effect on exports, a complaint can be lodged by: ... The complaint was lodged in October 2003. ... – PowerPoint PPT presentation

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Title: The Trade Barriers Regulation TBR:


1
The Trade Barriers Regulation (TBR)
  • an instrument aimed at opening markets for EU
    exporters

2
The TBR is
  • An instrument at the service of EU enterprises
  • To remove obstacles to trade in third country
    markets
  • And to exert pressure on the third country by
    lodging a complaint with the Commission which
    investigates the case and makes a public report.
  • A successful instrument
  • examples of recent cases

3
An instrument at the service of EU enterprises
  • In case of trade barriers with an effect on
    exports, a complaint can be lodged by
  • one or more EU company/ies
  • A trade association
  • An EU Member State
  • Examples
  • Volkswagen - Columbia, discriminatory VAT
  • Scotch Whisky Association - Uruguay, tax
    discrimination

4
An instrument at the service of EU enterprises
  • In case of trade barriers with an effect on the
    EU market, a complaint can be lodged by
  • The Community Industry or an EU Member State.
  • So far, no TBR case has fallen in that category.
    Distortions on the EU market are normally best
    addressed through the antidumping and
    countervailing duty instruments.

5
To remove obstacles to trade in third country
markets
  • Examples of trade barriers
  • Tax discrimination and other discriminatory
    rules, incl. prepayment of taxes, minimum or
    maximum price regulations, internal regulations
    of sale and transport of goods
  • Burdensome customs formalities, incl. valuation
    of goods, fees connected with import/export

6
To remove obstacles to trade in third country
markets
  • Examples of trade barriers
  • Restrictions on trade in services, incl.
    discrimination and market access limitations
  • Violation of intellectual property rights, incl.
    lack of data protection/exclusivity for
    pharmaceuticals, lack of protection of
    geographical indications for food, wine and
    spirits
  • Technical regulations, sanitary and phytosanitary
    measures
  • Subsidies to industry in the third market

7
To remove obstacles to trade in third country
markets
  • Complaints can be addressed only at obstacles to
    trade which are contrary to international
    obligations (mainly WTO rules).
  • A complaint in order to be considered admissible
    must contain sufficient evidence of the obstacle
    to trade and of the injury or adverse trade
    effects resulting therefrom.
  • The complainant will therefore have to evidence
  • The existence of the measure
  • The evidence that the measure is contrary to
    international obligations (right of action)
  • The evidence of adverse trade affect or injury
    caused by the measure.

8
To Exert pressure on the third country
  • By lodging an admissible complaint published in
    the OJ
  • By Commission negotiating with the authorities
    during the investigation
  • By Commission issuing a report to the Member
    States (and on the Internet)
  • By Commission threatening to initiate dispute
    settlement proceedings (notably in the context of
    the WTO)

9
Success Stories
  • Uruguay/Whisky case
  • Negotiated solution found during the
    investigation. The complaint was lodged in
    September 2004 and the trade barriers removed in
    July 2005.
  • Trade barrier Tax discrimination excluding EU
    whisky from the lowest taxation bracket
  • This particular tax discrimination was introduced
    in 2000, but discrimination against all EU wines
    and spirits existed since the 1990s.
  • The Commission sought the removal of this trade
    barrier already in the course of the 90s through
    negotiations. But the TBR complaint led to a
    decisive breakthrough.

10
Success stories
  • Turkey/Pharmaceuticals case
  • Obstacles to trade incl. lack of transparency,
    discriminatory application of pharmaceutical
    imports, discrimination in pricing and
    pharmaceutical marketing approvals procedures
  • The complaint was lodged in October 2003. The
    Turkish authorities adopted a new Regulation for
    licensing of pharmaceuticals in January 2005
  • Achievement improved conditions on data
    exclusivity.

11
Contact
  • For an initial assessment of your case, you may
    contact the Market Access Unit of DG Trade.
  • export-help_at_cec.eu.int
  • For more information on the TBR, please consult
    our website
  • http//europa.eu.int/comm/trade/issues/respectrul
    es/tbr/index_en.htm
  • Or call us 32 2 292 10 95
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