Anti-Coercion Instrument

Regulation 2023/2675 on the protection of the Union and its Member States from economic coercion (or the Anti-Coercion Instrument), entering into force on 27 December 2023, establishes a framework for EU action in cases of economic coercion directed against the European Union or a Member State.

"Economic coercion" refers to a situation where a third country seeks to pressure the European Union or a Member State into making a particular choice by applying, or threatening to apply, measures affecting trade or investment. Such practices unduly interfere with the legitimate sovereign choices of the European Union and its Member States. Whether a third-country measure fulfils those conditions would be determined on a case-by-case basis.

Submissions as regards economic coercion

The European Commission may examine any third-country measure, for the fulfilment of the those conditions, on its own initiative or upon a duly substantiated request (see Article 4).

You can address a request and submit information as regards economic coercion incidents on trade-anti-coercion-single-contact-point@ec.europa.eu.

Confidential treatment

Should your submission require confidential treatment, please request confidential treatment on trade-anti-coercion-single-contact-point@ec.europa.eu and we will guide you as regards the further steps of a secure submission.

Which information is relevant for the application of the Anti-Coercion Instrument?

The following questions will guide you in identifying the types of information that are relevant for the application of the Anti-Coercion Instrument and which should be taken into account when making a request to the Commission under this instrument:

• What is the third-country measure? ("third country" means any State, separate customs territory or other subject of international law, other than the Union or a Member State; "third-country measure" means any action or omission, including unwritten actions)
• How is the third-country measure manifested?
• Is the third-country measure in force, in application or not yet?  Is it already adopted, or is it planned, or announced or threatened?
• How does the third-country measure affect international trade or investment and how is the Union or any of its Member States affected?
• Data or other information on the intensity, severity, frequency, duration, breadth and magnitude of the third-country measure, including its impact on trade or investment relations with the Union;
• How does the third country intend through its measure to prevent or obtain the cessation, modification or adoption of a particular act by the EU or a Member State? This means any legal or other act, including an expression of a position, by an institution, body, office or agency of, respectively, the Union or of a Member State which the third country is seeking to obtain, change or prevent.
• Please identify that particular act as precisely as possible.
• What is the evidence of this intention of the third country?
• Is there injury to the Union? ("Injury to the Union" means any negative impact, including economic damage, on the Union or a Member State, including on Union economic operators, caused by the economic coercion. It could include damage to EU investments in third countries).
• Please describe and measure that injury as precisely as possible.  Note that this element may overlap with the above criterion of “affecting trade or investment”. 
• Is the third country engaging in a pattern of such cases of interference seeking to prevent or obtain particular acts from other countries (anywhere in the world)?
• Could the third country be acting on the basis of a legitimate concern that is internationally recognised? What is the third country’s objective?  What international concerns, policies, efforts exist at the moment in the area in question and how does the third country’s objective relate to it? 
• Has the third country in question undertaken any efforts at achieving its objective before resorting to the coercive measure?  What were those efforts?

Any request should contain as much of the above-mentioned information as possible, but the Commission will also consider requests which include information relating only to some of the above mentioned elements.

We will process your submission and will contact you should your submission require further action.

Submissions following Commission calls for input in individual cases

In the context of individual cases, the European Commission may – as applicable – launch dedicated calls as regards examinations of third-country measures (see Article 4(4)), and as regards Union response measures (see Article 13), where your specific input is sought. The instructions for submission will be available in a specific notice for the respective case.

Other submissions

Union businesses and other private stakeholders affected by economic coercion as defined in the regulation may contact the European Commission as regards assistance in the context of ongoing economic coercion on trade-anti-coercion-single-contact-point@ec.europa.eu (see Article 14)

Assistance to Union businesses and private stakeholders in the context of ongoing economic coercion refers to the possibility of the European Commission to intervene before a third country or otherwise take action under the Regulation with a view to stopping the economic coercion.

For any other questions in relation to the Anti-coercion Instrument, you are welcome to contact us directly on trade-anti-coercion-single-contact-point@ec.europa.eu.

Confidential treatment

Should your submission require confidential treatment, please request confidential treatment on trade-anti-coercion-single-contact-point@ec.europa.eu and we will guide you as regards the further steps of a secure submission.

We will process your submission and will contact you should your submission require further action.

Anti-Coercion Instrument page at DG Trade site: Protecting against coercion