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Folkert Graafsma
Trade Lawyer Bxl
Interests: International Trade
Recent Activity
If Brexit happens, the application of EU TDI measures by the UK will likely depend on the as yet unknown content of the withdrawal agreement, if any. I could envisage two scenarios: a. Should the EU and the UK agree on the latter’s remaining a party of the EU’s customs union, then EU TDIs may remain applicable from the UK (and from EU-27) vis-à-vis third countries outside the customs union; b. In case of no agreement or disagreement – or should the agreement imply the UK’s withdrawal from the EU’s customs union – then EU TDIs will no likely longer apply to imports into the UK. Moreover, (at least some of) the existing EU TDIs would have to be reviewed in light of the substantially changed circumstances of Brexit. Indeed, (at least some of) the original determinations on injury and causal link would no longer reflect the changed composition of the EU market. This latter point could be more pertinent in situations where a portion of the original EU domestic industry was located in the UK. Also, in scenario b, the UK exiting from the EU’s customs union, the UK would have to establish a new regime on TDIs if it is interested in using these instruments.
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Dec 9, 2016