Jin-woo Rhee. "The Application of EU Basic Subsidy Regulation and Calculation of the amount of the countervailable subsidy - Focused on Recent EU Countervailing Measures." KHU Global Business Law Review 8, 2 (2015): 31-52.
-Abstact-
Since Korea had signed FTA with EU, trade to EU have increased significantly. Thus, there is necessity to prepare about trade disputes between Korea and EU. However, studies about trade remedy law of EU in Korea are not enough, and especially studies about subsidies and countervailing duties based on EU Basic Subsidy Regulation (597/2009) were not covered sufficiently. The Regulation is based on WTO Subsidy Agreement, but contain its own characteristic applied EU’s particular practices and economic situation.
This paper introduce the definition of a subsidy and requirements for a countervailable subsidy as a prohibited subsidy. Particularly important requirements are whether the subsidy provides benefits to an export company or not and whether the subsidy can be specified from its legal basis or not. Furthermore, this paper also covers the Union Interest clause in the Basic Subsidy Regulation and the process of investigation for a subsidy case. Rainbow trout originating in Turkey case is introduced to show the process and practical allocation of the Regulation in this paper. PET originating in India case is relevant to interim review case occurred by export companies. These two cases show effects of the countervailing measure for a foreign country and export companies, and can prove the necessity to study about the Regulation.
https://kiss.kstudy.com/Detail/Ar?key=3425989