Study On The Subsidy Specificity Standards In Anti-subsidy Laws Of EU

With the rapid development of China-EU trade, the trend that the EU’s traderemedy investigations increasesdramatically and China economic had suffered fromsuch kind of trade disputes. There are many products which had been investigated inboth anti-dumping investigation and anti-subsidy investigation by EU authorities,such as coated fine paper (also named art paper), organic coated steel products, solarglass products and crystalline silicon photovoltaic modules and key parts. TheCouncil of the European Union decided the council implementing regulation (EU) No452/2011in6May2011to imposing a definitive anti-subsidy duty on imports ofcoated fine paper originating in the People’s Republic of China, and No215/2013in11March2013to imposing a countervailing duty on imports of certain organic coatedsteel products originating in the People’s Republic of China. From our survey on theexport situation, these investigations involve a large number of enterprises and hugetrade volume.The European Union is the main export market for China enterprises; asa result it is of great importance to focus my paper on the subsidy specificitystandards in EU anti-subsidy laws. The paper is separated into four parts as followed.Chapter1introduces the concept and the history of specificity standard inanti-subsidy laws. Mainly introduces the origin and development of the specificitystandard anti subsidy law, especially in USA anti-subsidy law and law enforcement.Finally, it displays that specific in law and specific in jure are in different situation.Chapter2discusses the specificity standards ofEU anti-subsidy basic regulation.After systematic analysis of the four standards, it is considered that the standards aredesigned to investigate on legal policy, subsidy practices, regional subsidies andprohibited subsidies. The specificity standards of EU laws are logic, and arefixable tothe changing situation of governmentsubsidies.Chapter3discusses the specificity standards within the council implementingregulations decided by the Council of EU, such as No452/2011and No215/2013.The two final decisions show that there are many specific subsidies founded in manyareas.Investigations have revealed that specific subsidies had affected our marketeconomy, especially the discrimination between the state-owned or controlledcorporates and private corporates, and the government intervention in market ofproduction factor.Chapter4aims at the realistic significance by discussing market economy and its legal strategies basing on the final decisions of EU council. For example, the origin ofChina’s market economy problem, influence of administrative intervention onmarket,the need to promote price mechanism in the production elements market andso on. Most importantly, the paper analyses the key areas which considered beingspecific subsidies in the EU anti-subsidies investigations, such as the land transactionmarket, public enterprise service, commercial bank, tax policy, regional developmentpolicy. After the analysis upwards, there are some improving legal strategies.