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Yes, as I read and understand it, it's a last resort if negotiations have failed.Thank you! Not sure whether I understand this correctly, but it sounds like the Anti-Coercion Instrument is a last resort. Once implemented, a diplomatic effort is made first. If that fails, an economic response is justified. That response requires agreement that is not always easy to obtain.
It sounds like tariffs on USA alcohol that might lead to extreme tariffs on EU wine and spirits is difficult to achieve at this time. Personally, I think that a 200% tariff on French wine will have the entire USA upset, and that a tariff like that will not last long. California wine is okay, but it's not a replacement for EU wine.
"If an implementing act were adopted, it would then be for the Commission to take the diplomatic initiative by requesting that the third country cease the economic coercion immediately and repair the injury, and by starting a consultation phase with the third country concerned. If diplomatic efforts were to fail, the Commission would then be able to adopt any measures deemed necessary and in the overall EU interest."
same link
Norton Rose Fulbright explain it in a bit more detail but there's some downsides too! Don't think the EU and it's member countries are messing though, they've been dealing in alliances longer than the states.
EU Anti-Coercion Instrument: Key takeaways for businesses
On December 27, 2023, the European Union’s new Anti-Coercion Instrument (Regulation 2023/2675) (the ‘ACI’) came into force. It aims to protect the European Union (the EU), and its Member States, from economic coercion by third countries. This could be a double-edged sword for businesses...
Moo
Ebm