{"id":1866,"date":"2024-02-07T15:25:58","date_gmt":"2024-02-07T15:25:58","guid":{"rendered":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/?p=1866"},"modified":"2024-02-07T15:25:58","modified_gmt":"2024-02-07T15:25:58","slug":"is-the-european-unions-market-protection-policy-consistent-with-the-objective-of-protecting-the-environment","status":"publish","type":"post","link":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/is-the-european-unions-market-protection-policy-consistent-with-the-objective-of-protecting-the-environment\/","title":{"rendered":"Is the European Union\u2019s market protection policy consistent with the objective of protecting the environment?"},"content":{"rendered":"\n

Guillermo Moya Barba, PhD Student at Rey Juan Carlos University, Member of ELSRG<\/em>\u00a0<\/p>\n\n\n\n

On 4 October 2023, the European Commission announced the initiation of investigations in the framework of an anti-subsidy proceeding concerning imports of electric vehicles from China. This news brings into question the coherence between the common European market policy and the objective of achieving a sustainable and low-carbon Union.<\/p>\n\n\n\n

The goal of a sustainable European Union<\/strong><\/p>\n\n\n\n

The European Union can be seen as an economic, monetary, security or even legal union. In addition, the European Union has shown that it also wants to be seen as an energy union and a sustainable union, which wants to ensure environmental protection throughout its territory. This path towards a sustainable Union began in the 1970s, in an international context marked by the preparations for the 1972 Stockholm Convention. Over the years, many Community legislative instruments have emerged within the Union. One of the most well-known was the European Green Pact, which is the cornerstone of current European environmental and sustainability policy. It is a road map that has been taken into consideration for the creation of sectoral policies, where one of the main objectives is the creation of an energy union, sustainable and low carbon, able to fight climate change.<\/p>\n\n\n\n

China as a trade rival<\/strong><\/p>\n\n\n\n

Over the years, the European Union has found a serious trade rival: the People\u2019s Republic of China. This has led the Union to adopt numerous anti-dumping and anti-subsidy measures[1]<\/a> against certain Chinese imports. Although not all of them are integrated into the so-called environmental dumping<\/em>, [2]<\/a> in recent years these measures have acquired particular importance. This is because the Union\u2019s objective of becoming a sustainable energy union has been hampered by events such as the Covid-19 pandemic, which has seriously damaged national economic structures, and the war in Russia and Ukraine, which has exposed the Union\u2019s energy dependence on Russia. The most recent example is found in the anti-subsidy investigation opened by the European Union concerning imports of electric vehicles from China.<\/p>\n\n\n\n

However, the use of anti-dumping by the Union is seen by several analysts as harmful, as they consider that it is used disproportionately and excessively, with a clear predominance of industrial strategies, and to the detriment of economic and commercial needs.[3]<\/a> We therefore consider it vital to carry out a comprehensive study of the Community\u2019s anti-dumping policy to take account of the environmental point of view, that is to say to analyse whether the European institutions take into account the and to what extent environmental policy has been developed over the years.<\/p>\n\n\n\n

The question is the following: is the Union\u2019s environmental policy consistent with the anti-dumping and anti-subsidy measures imposed on imports of certain products from China? In order to answer this question, we must look at some cases of corrective measures imposed on certain key products in the pursuit of the objective of a sustainable and low-carbon Union: solar panels and electric vehicles.<\/p>\n\n\n\n

Anti-dumping on solar panels of Chinese origin<\/strong><\/p>\n\n\n\n

In 2012 the European Commission initiated an anti-dumping investigation concerning imports of photovoltaic modules from China,[4]<\/a> which ended in June 2013 with Regulation (EU) No 513\/2013[5]<\/a> and in December with Implementing Regulation (EU) No 1238\/2013.[6]<\/a><\/p>\n\n\n\n

However, in 2018 the Union ceded ground to China and decided to remove trade barriers to the marketing of such products.[7]<\/a> The reason for this change is due to the failure of the anti-dumping measures as they did not elicit a significant response from the European producers;[8]<\/a> China, on the other hand, continued to establish itself in this market while improving the quality of its solar panels. There is currently an excess of solar panel stock in Europe, as European producers cannot compete with low prices for panels from China, which in turn have high quality.[9]<\/a><\/p>\n\n\n\n

The anti-subsidy investigation of Chinese electric vehicles<\/strong><\/p>\n\n\n\n

The opening of investigations into imports of Chinese electric vehicles was led by France, which has started its own crusade against the sale of such vehicles when they come from China. Other countries, such as Germany, do not fully agree with this measure.[10]<\/a> The opening of investigations was based on the fact that the production of these cars in China received a large amount of subsidies which made it possible to sell them in Europe at a price much lower than the prices offered by European manufacturers.<\/p>\n\n\n\n

Although the transport sector has been one of the priority sectors in Community environmental policy since the early 1980s; the Commission in its opening announcement made no explicit statement on the Union\u2019s environmental policies and described the electric vehicle sector as a strategic sector in terms of innovation, added value and employment.[11]<\/a><\/p>\n\n\n\n

Conclusion<\/strong><\/p>\n\n\n\n

Anti-dumping remains a mechanism for monitoring the stability of the common market and is therefore based on economic and industrial criteria and demands. In this respect, it would be advisable for the Commission, when imposing anti-dumping duties on certain products that are key to achieving a sustainable Union, to base its decision on economic, industrial and environmental terms.<\/p>\n\n\n\n

The decision taken by the Union on imports of Chinese electric cars could have serious consequences for consumers themselves in the face of a reduction in their choice and, above all, given the lack of possibility of obtaining this class of vehicles at low prices. The injection of Chinese capital into this class of products (solar panels and electric vehicles) has increased its level of specialisation to levels to which the Union has difficulty reaching. If the Union wants to compete with China in the trade of these kinds of products, rather than declare war on China (with a high probability of victory), the strategy should be specialisation and support for small producers. At the end of the road should not be found the dispute, but the understanding.<\/p>\n\n\n\n

This blog post builds upon the author\u2019s dissertation.<\/em><\/p>\n\n\n\n

\n\n\n\n

[1]<\/a> Corrective measures aimed at protecting the European common market from disturbances from imports of goods which are normally priced below the normal value of other similar products.<\/p>\n\n\n\n

[2]<\/a> This concept refers to the use of looser national environmental legislation to obtain competitive advantages over other countries with stricter environmental legislation. Rafael Mu\u00f1oz de Bustillo y Rafael Bonete. \u201cIntroducci\u00f3n a la Uni\u00f3n Europea: un an\u00e1lisis desde la econom\u00eda\u201d, Alianza Editorial, 2\u00aa Ed, 2000, p. 277.<\/p>\n\n\n\n

[3]<\/a> Jorge Alonso Rodrigo. \u201cLa pol\u00edtica antidumping de la Uni\u00f3n Europea \u00bfInstrumento de defensa comercial o herramienta proteccionista al servicio de los grupos de inter\u00e9s?\u201d Universidad de Zaragoza, 2018, p. 30.<\/p>\n\n\n\n

[4]<\/a> European Commission, C 269\/5 Notice of initiation of an anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e., cells and wafers) originating in the People\u2019s Republic of China.<\/p>\n\n\n\n

[5]<\/a> Regulation (EU) No 513\/2013 of 4 June 2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (such as cells and wafers) originating in or consigned from the People\u2019s Republic of China and amending Regulation (EU) No 182\/2013 making imports of those products originating in or consigned from the People\u2019s Republic of China subject to registration.<\/p>\n\n\n\n

[6]<\/a> Implementing Regulation (EU) No 1238\/2013 of 2 December 2013 imposing a definitive anti-dumping duty and definitively collecting the provisional duty on imports of crystalline silicon photovoltaic modules and key components (namely cells) originating in or consigned from the PRC.<\/p>\n\n\n\n

[7]<\/a> Official Journal of the European Union. C 310, Volume 61.<\/p>\n\n\n\n

[8]<\/a> Bloomberg. \u201cLook East for Solar\u201d, 2018. Disponible en https:\/\/www.bloomberg.com\/news\/articles\/2018-09-07\/look-east-for-solar?utm_content=business&utm_source=twitter&utm_campaign=socialflow-organic&cmpid=socialflow-twitter-business&utm_medium=social&embedded-checkout=true<\/a><\/p>\n\n\n\n

[9]<\/a> Xataka. “China has cut the price of solar panels in half. Europe and the US only have to specialize or throw in the towel”, 2024. Available in https:\/\/www.xataka.com\/energia\/china-ha-bajado-precio-paneles-solares-a-mitad-a-europa-eeuu-solo-les-queda-especializarse-tirar-toalla<\/a><\/p>\n\n\n\n

[10]<\/a> Forbes. \u201cFrench Desire for EU Protection From China\u2019s Electric Cars Irks Germany\u201d, 2023. Available in https:\/\/www.forbes.com\/sites\/neilwinton\/2023\/06\/26\/french-desire-for-eu-protection-from-chinas-electric-cars-irks-germany\/?sh=70459cee5c78<\/a><\/p>\n\n\n\n

[11]<\/a> European Commission, C\/2023\/160 Notice of initiation of an anti-subsidy proceeding concerning imports of new battery electric vehicles designed for the transport of persons originating in the People\u2019s Republic of China.<\/p>\n","protected":false},"excerpt":{"rendered":"

Guillermo Moya Barba, PhD Student at Rey Juan Carlos University, Member of ELSRG\u00a0 On 4 October 2023, the European Commission announced the initiation of investigations in the framework of an anti-subsidy proceeding concerning imports of electric vehicles from China. This news brings into question the coherence between the common European market policy and the objective … Continue reading “Is the European Union\u2019s market protection policy consistent with the objective of protecting the environment?”<\/span><\/a><\/p>\n","protected":false},"author":8,"featured_media":1869,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"wds_primary_category":0,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1866","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorised"],"_links":{"self":[{"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/posts\/1866","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/comments?post=1866"}],"version-history":[{"count":2,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/posts\/1866\/revisions"}],"predecessor-version":[{"id":1868,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/posts\/1866\/revisions\/1868"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/media\/1869"}],"wp:attachment":[{"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/media?parent=1866"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/categories?post=1866"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.uwe.ac.uk\/bristol-law-school\/wp-json\/wp\/v2\/tags?post=1866"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}