The EU’s Modernization Regulation: Stronger and More Effective Trade Defence Instruments?

Abstract

This article addresses the changes to the EU’s trade defence instruments that were introduced by Regulation (EU) 2018/825 which entered into force on 8 June 2018. Many of the changes (such as speedier completion of investigations, increased transparency and predictability) are welcome developments. Others, however, such as making the application of the lesser duty rule discretionary in certain circumstances are less welcome. They do not only reduce predictability by expanding the Commission’s discretion but also have the, perhaps inadvertent, consequence that for the foreseeable future, different procedural and substantive rules will apply to new investigations and reviews of old measures.