Anti-Subsidy

Though less resorted to than the anti-dumping instrument, Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community is one of the EU’s three trade defence instruments. Regulation No 597/2009 implements the procedural and substantive requirements set forth in Article IV of the GATT 1994 and in the WTO Agreement on Subsidies and Countervailing Measures.

Under Regulation 597/2009 EU authorities are entitled, upon request from a Community industry, to impose countervailing measures on subsidised imports causing or threatening to cause material injury to that industry if these measures are in the global interest of the European Union. Countervailable subsidies entail a financial contribution from a public authority providing a benefit to a specific company, industry or group thereof. Like anti-dumping measures, countervailing measures are normally imposed for a period of five years but may be extended upon a "sunset review".

In addition to its work in the anti-dumping field, Van Bael & Bellis also assists clients in anti-subsidy proceedings. As a matter of fact, Van Bael & Bellis has represented clients in most of the EC anti-subsidy proceedings initiated by the European Commission since the entry into force of the anti-subsidy Regulation in 1997.

Van Bael & Bellis represents foreign governments as well as individual exporters involved in anti-subsidy investigations. Van Bael & Bellis’ assistance includes completion of questionnaire responses, drafting of injury submissions, preparation of and attendance at on-the-spot verifications by Commission officials, representation of clients at hearings before Commission officials and lobbying at all levels of the Commission and Member State administrations. A critical feature of any anti-subsidy investigation is the identification and quantification of subsidies: in view of its extensive experience in this field, Van Bael & Bellis is particularly qualified to assist clients in assessing their exposure to a possible subsidy finding.

Click here to view a list of anti-subsidy cases handled by members of Van Bael & Bellis.