EU의 신통상장벽규칙에 관한 고찰

• 영문명: A Study on the EU`s Trade Barriers Regulation
• 발행기관: 개인저작물
• 저자명: 채형복(Hung-Bok Chae)
• 간행물 정보: 『개인저작물 - 법학·행정』제8호, 65~86쪽, 전체 22쪽
• 주제분류: 법학 > 개인저작물
• 파일형태: PDF
• 발행일자: 1998.12.01

영문 초록

The Common Commercial Policy(CCP) under the terms of Article 113 EC is mainly concerned with Common Customs Tariff(CCT), safeguard measures and commercial defense instrument which are the anti-dumping and countervailing duty measures. These measures haven`t had a sufficient role to react against trade barriers established by third countries or to assert the Community`s international rights not only to protect the domestic market, but also to defend the Community`s exporting interests. In these circumstances, Regulation 2641/84 has been taken by EC, but replaced by Regulation 3286/94 on the exercise of the Community`s rights under international trade rules(well known as the `Trade Barriers Regulation(NRR)`. According to Article I, the NBR is aimed at`(a) responding to obstacles to trade that have an effect on the market of the Community, with a view to removing the injury resulting therefrom, (b) responding to obstacles to trade that have an effect on the market of a third country, with a view to removing the adverse trade effects resulting therefrom.` The terms of `obstacles to trade` are defined as practices which are prohibited by international trade rules or in respect of which a right to seek elimination of the effect of the practice exists under international trade rules. The concept of `international trade rules` is primarily established under the auspices of the WTO and includes rules laid down in other agreements to which the Community is a party(Article 2.2). With a view to removing the injury or the adverse trade effects resulting from obstacles to trade adopted or maintained by third countries, if it si found that action is necessary in the interests of the Community, the appropriate measures can be adopted by the Council by qualified majority(Articles 12and 13). Measures adopted by the NBR can operate on the defense of Community`s interests against obstacles to trade caused by third countries. But it is advisable to emphasize that the NBR applies within a certain limit; it does not apply in cases covered by other existing rules in the common commercial policy field in terms of Article 113 EC. And it will operate by way of complement to the rules concerning the common organization of agricultural markets and goods processed from agricultural products(Article 15). In the result, it is a complementary measure in comparison to the safeguard measures and the commercial defence instruments. In spite of the problem concerning legal accordance of the NBR with the WTP agreements, it is sure that the EU will frequently resort to the NBR in order to reinforce their protective trade regime vis-a vis third countries.