欧盟反补贴调查中第三国补贴的认定

Determination of Third-Country Subsidies in EU Anti-Subsidy Investigations

摘要: 经济全球化进程日益加快伴随着国家之间的相互联系逐步加深，补贴的授予已不再局限于一国之内，第三国补贴问题是对《补贴与反补贴措施协定》以及WTO判例的突破，开始受到各国关注。2020年的玻璃纤维织物案是第一例第三国补贴案件，也是欧盟反补贴调查中第三国补贴认定的典型案例。尽管该案存在将补贴主体扩大至第三国的路径存疑、财政资助不符合适用反补贴措施的专向性要求等问题，但并未影响欧盟消除市场扭曲的决定，欧盟《外国补贴条例》于2023年生效，明确了外国补贴的规制范围。在此背景下，中国应当坚持兼顾各方利益的第三国补贴谈判立场并减少企业的直接财政资助，以避免欧盟再次发起类似反补贴调查。

Abstract: The accelerating process of economic globalization is accompanied by the deepening of interconnections between countries, and the granting of subsidies is no longer limited with in the territory of a country. The issue of third-country subsidy is a breakthrough in the Agreement on Subsidies and Countervailing Measures and WTO cases, beginning to attract the attention of various countries. The 2020 Glass Fiber Fabrics Case is the first third-country subsidy case as well as a typical example of the determination of third-country subsidies in EU anti-subsidy investigations. Although there are problems in this case, such as the path of extending the subsidy subject to a third country is doubtful, the financial support does not meet the requirement of specificity for anti-subsidy measures and so forth, they did not affect the EU’s decision to eliminate market distortion. The EU’s Foreign Subsidies Regulation came into effect in 2023, which clarifies the scope of regulation of foreign subsidies. In this context, China shall adhere to the negotiation position on third-country subsidies that takes into account the interests of different parties and reduce the direct financial support of enterprises to avoid the EU initiating similar anti-subsidy investigations again.