EUROPEAN UNION
Since June 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Regulation (EU) 2022/1031 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets (International Procurement Instrument – IPI)
The International Procurement Instrument (IPI) introduces measures limiting the access to open EU public procurement tenders of non-EU companies from countries that do not offer similar access to EU companies. The measures apply to tenders worth at least 15 million Euros for works and concessions and 5 million Euros for goods and services, such as the purchasing of computers.
Pursuant to Art. 5, the IPI enables the Commission to investigate third-country measures or practices, adopted or maintained by public authorities or individual contracting authorities, which result in a serious and recurrent impairment of access of Union economic operators, goods or services to the public procurement or concession markets of that third country. When the Commission finds that a third-country measure or practice exists, it may adopt an IPI measure that requires contracting authorities or contracting entities to: impose a score adjustment on tenders submitted by economic operators originating in that third country; or exclude tenders submitted by economic operators originating in that third country.
The Regulation is yet to be implemented by EU Member States. Typically, the implementation by Member States takes 18–24 months on average after adoption.
Pursuant to Art. 5, the IPI enables the Commission to investigate third-country measures or practices, adopted or maintained by public authorities or individual contracting authorities, which result in a serious and recurrent impairment of access of Union economic operators, goods or services to the public procurement or concession markets of that third country. When the Commission finds that a third-country measure or practice exists, it may adopt an IPI measure that requires contracting authorities or contracting entities to: impose a score adjustment on tenders submitted by economic operators originating in that third country; or exclude tenders submitted by economic operators originating in that third country.
The Regulation is yet to be implemented by EU Member States. Typically, the implementation by Member States takes 18–24 months on average after adoption.
Coverage Goods and services including, ICT products
EUROPEAN UNION
Since May 2015, last amended January 2022, until January 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Commission Implementing Regulation (EU) 2015/1953
Commission Implementing Regulation (EU) 2022/58
Commission Implementing Regulation (EU) 2022/58
In January 2022, the European Commission imposed a minimum import price and anti-dumping duties on flat-rolled products of grain-oriented silicon magnetic steel, which is an important material in the production of energy-efficient transformers and large high-performance generators. The measures apply to imports from China, Japan, the Republic of Korea, the Russian Federation, and the United States of America. This is a continuation of measures first introduced in May 2015 by Implementing Regulation (EU) 2015/1953. The minimum import prices (MIPs) currently in force range between 1,536 EUR/tonne up to 2,043 EUR/tonne. They apply to the individually named exporting producers for which individual dumping margins were established from all the countries concerned. If the CIF Union border price is equal to or above the MIP, no duty is payable. Only if import prices are below this level are anti-dumping duties imposed, set at the difference between the import price and the minimum import price, up to a maximum ranging from 21.5% to 39% of the import price. The system of minimum import prices and anti-dumping duties was introduced in 2015, while the level of duties was adjusted in 2022.
Coverage Product: Grain-oriented flat-rolled products of silicon-electrical steel (GOES) (CN codes ex: 7225 11 00 and 7226 11 00)
Countries: China, Japan, the Republic of Korea, the Russian Federation, and the United States
Countries: China, Japan, the Republic of Korea, the Russian Federation, and the United States
Sources
- https://trade.ec.europa.eu/doclib/press/index.cfm?id=2352
- https://trade.ec.europa.eu/tdi/case_history.cfm?ref=com&init=2069&sta=1&en=20&page=1&number=&prod=GOES&code=&scountry=all&proceed=all&status=all&measures=all&measure_type=all&search=ok&c_order=name&c_...
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0058&from=EN
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EUROPEAN UNION
Since July 1990, last extended in August 2022, until August 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 1990, the European Commission imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from China, which is used also for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in August 2022. The rate of duty is 16.8% of the net free-at-Union-frontier price, with the exception of the company Datong Jinneng Industrial Silicon Co. whose exports are subject to a duty of 16.3% of the net free-at-Union-frontier price.
Coverage Product: Silicon metal (HS: 2804 69 00)
Country: China
Country: China
Sources
- https://trade.ec.europa.eu/tdi/case_history.cfm?ref=com&init=1531&sta=1&en=20&page=1&number=&prod=silicon&code=&scountry=all&proceed=all&status=all&measures=all&measure_type=all&search=ok&c_order=name...
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
- https://www.globaltradealert.org/intervention/16646/anti-dumping/eu-extension-of-antidumping-duty-on-imports-of-silicon-and-from-china-and-south-korea-from-chinese-taipei-following-an-anti-circumventi...
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EUROPEAN UNION
Since November 2021, amended in January 2022, until November 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Commission Implementing Regulation (EU) 2021/2011
In November 2021, The European Commission imposed a definitive anti-dumping duty under the Implementing Regulation (EU) 2021/2011 on imports of optical fiber cables (CN code ex: 8544 70 00) from China. The original duty of 44%, was amended in January 2022 by the Implementing Regulation (EU) 2022/72, establishing a duty on imports of 33.7%, applicable until November 2026.
Coverage Product: Single-mode optical fiber cable (CN code ex: 8544 70 00)
Country: China
Country: China
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R2011&from=EN
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0072&from=EN
- https://trade.ec.europa.eu/tdi/case_history.cfm?ref=com&init=2479&sta=1&en=20&page=1&number=&prod=optical%20fibre&code=&scountry=all&proceed=all&status=all&measures=all&measure_type=all&search=ok&c_or...
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EUROPEAN UNION
Since January 2022, until January 2027
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Commission Implementing Regulation (EU) 2022/72
In January 2022, the European Commission imposed a countervailing duty under the Implementing Regulation (EU) 2022/72 for imports of optical fibre cables (CN code ex: 8544 70 00) from China. The rate of duty on imports from China is 10.3%, applicable until January 2027.
Coverage Product: Single-mode optical fiber cable (CN code ex: 8544 70 00)
Country: China
Country: China
EUROPEAN UNION
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
The European Union is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
EUROPEAN UNION
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.66%
Coverage rate of zero-tariffs on ICT goods (%)
71.17%
Coverage: Digital goods
EL SALVADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
El Salvador has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
EL SALVADOR
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
El Salvador has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
EL SALVADOR
Since February 2021
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
El Salvador has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
EL SALVADOR
Since May 2006, last amended in March 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Law, Decree No. 776 (Ley de Protección al Consumidor, Decreto No. 776)
Decree No. 776 on Consumer Protection Law provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 4 of the Consumer Protection Law provides a taxative list detailing the basic rights of the subjects benefited by the law. In addition, Arts. 21-A and 21-B refer to the obligations of suppliers in e-commerce.
Coverage Horizontal
EL SALVADOR
Since November 2021, entry into force in December 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Law for the Facilitation of non-commercial online purchases (Decree No. 208)
According to Art. 1 of the Law for the Facilitation of non-commercial online purchases (Decree No. 208), purchases of up to USD 300 made by individuals under the modalities of postal shipments, express delivery or courier companies, small family shipments and air parcels managers are exempt from the payment of import duties and are not be subject to compliance with non-tariff requirements.
Coverage Horizontal
EL SALVADOR
Since February 2014, last amended in August 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decreto no. 142: Ley de Telecomunicaciones (Telecommunication Law): defines technical standards for approvals and assigns bands of operations for use in El Salvador.
It is reported that El Salvador does not restrict self-certification for foreign entities, but only requires compliance with ITU standards. Art. 5 of the Telecommunications Law, on technical standards, states telecommunications equipment shall be subject to the norms and standards recommended by the International Telecommunications Union (ITU) or by other international organizations recognized by El Salvador.
In El Salvador, there is no homologation process for equipment that occupies radio frequencies. But there is a verification and/or analysis of low-power devices (DBP). This process is for all devices that work in any band of the Radio Spectrum and it is analyzed if they are in accordance with the technical conditions stipulated in the National Frequency Allocation Table (CNAF or Cuadro Nacional de Atribución de Frecuencias). The natural or legal person who so requires, since it is not an obligation, may request a review of such devices, attaching the technical documentation necessary for the analysis.
It is reported that the following products need the approval of SIGTEC (Superintendencia General de Electricidad y Telecomunicaciones): RFID devices; WIFI modules; Bluetooth; Zigbee products; Wireless Gateways.
In El Salvador, there is no homologation process for equipment that occupies radio frequencies. But there is a verification and/or analysis of low-power devices (DBP). This process is for all devices that work in any band of the Radio Spectrum and it is analyzed if they are in accordance with the technical conditions stipulated in the National Frequency Allocation Table (CNAF or Cuadro Nacional de Atribución de Frecuencias). The natural or legal person who so requires, since it is not an obligation, may request a review of such devices, attaching the technical documentation necessary for the analysis.
It is reported that the following products need the approval of SIGTEC (Superintendencia General de Electricidad y Telecomunicaciones): RFID devices; WIFI modules; Bluetooth; Zigbee products; Wireless Gateways.
Coverage RFID devices; WIFI modules; Bluetooth; Zigbee products; Wireless Gateways
EL SALVADOR
Reported in 2020, 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in import procedures
It is reported that private companies express concerns regarding the inconsistent and discretionary application of customs regulations and procedures, resulting in unpredictable delays and administrative fines. For instance, exporting from the duty-free zone is unduly cumbersome, with a requirement that a representative of the receiving company and the shipping company be physically present for the exchange of documents and release of materials.
Coverage Horizontal
EL SALVADOR
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that El Salvador imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector