Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

EU Commission launches consultation on new legislative instrument for trade diversification

By Paul Mertenskötter, Atli Stannard & Matthieu Coget on October 5, 2026
Email this postTweet this postLike this postShare this post on LinkedIn

On 29 September, the European Commission launched a call for feedback on its plans for new trade tools that would strengthen the EU’s trade diversification and economic resilience. The initiative is intended to address situations where a high level of strategic dependence on a single supplier country creates a risk to the EU’s security of supply. The consultation is open until 27 October 2026.

The Commission has provided little detail on the legal architecture of the proposed instrument. The Commission indicates only that trade measures would be complemented by regulatory and financial support measures. In particular, it remains unclear what level of dependency would trigger intervention, whether measures would be product- or country-specific, and what form any autonomous trade measures could take. It also remains unclear how the new instrument would interact with the EU’s increasingly extensive trade and economic security toolbox, including the anti-dumping and anti-subsidy instruments, the EU safeguards regime, the Anti-Coercion Instrument, the International Procurement Instrument, the Foreign Subsidies Regulation, the recently updated Foreign Investment Screening Regulation, the EU dual-use export-control regime, and emerging “Made in Europe” measures, such as those proposed under the Industrial Accelerator Act.

The design of any new instrument is likely to be contested: recent think tank proposals range from an EU analogue to Section 301 of the U.S. Trade Act of 1974 (e.g., Centre for European Reform report) to a tariff-rate quota model structured around GATT Article XXVIII and inspired by the EU’s updated steel regime (e.g., Jacques Delors Institute report).

The proposal fits within a broader shift in the EU’s economic security policy. In its December 2025 Communication on strengthening economic security (see our blog), the Commission stressed that companies should diversify critical supply chains and eliminate complete reliance on a single high-risk supplier. The concern is increasingly concrete: a 2026 Commission report identified 204 products in sensitive ecosystems for which the EU is heavily dependent on a single supplier country, with more than half of those dependencies originating in China.

The timing for this consultation is significant. During a mid-September dialogue with European industry, Trade and Economic Security Commissioner Maroš Šefčovič discussed critical supply chain dependencies and whether greater use should be made of existing policy tools or whether new ones may be required. A few days earlier, President von der Leyen used her State of the Union address to highlight both mounting Chinese competitive pressure and the EU’s continued dependence on China for critical raw materials, noting dependency levels above 80% for many materials and 90% for certain rare earths. Commissioner Šefčovič is also expected in Beijing this autumn for further EU-China trade discussions, including on trade imbalances and supply-chain dependencies.

Businesses operating in strategically sensitive or highly concentrated supply chains may wish to assess whether their sourcing patterns could fall within the Commission’s emerging concept of a “high-risk dependency” and consider engaging in this critical window of policy formation.

Photo of Paul Mertenskötter Paul Mertenskötter

Paul Mertenskötter advises companies, investors, and governments on regulatory sustainability, international trade, and public policy matters.

Paul has particular experience advising multinational companies on EU sustainability laws, including the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD), the Taxonomy…

Paul Mertenskötter advises companies, investors, and governments on regulatory sustainability, international trade, and public policy matters.

Paul has particular experience advising multinational companies on EU sustainability laws, including the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD), the Taxonomy Regulation, the Forced Labor Regulation, and the Carbon Border Adjustment Mechanism (CBAM). His practice also spans a wide range of climate change issues, including carbon offsets, accounting rules, and related international sustainability reporting frameworks such as the International Sustainability Standards Board (ISSB). Paul further advises clients on their strategic engagement with the rules of the World Trade Organization (WTO), free trade agreements, the Paris Agreement, and general public international law.

Prior to joining the firm, Paul was a Visiting Scholar at the WTO in Geneva, clerked at the International Court of Justice in The Hague, and was a Fellow at the Institute for International Law and Justice at NYU Law School.

Read more about Paul MertenskötterEmail
Show more Show less
Photo of Atli Stannard Atli Stannard

Atli Stannard advises clients on EU trade law and policy, technology regulation, and the governance of strategically significant industrial sectors, with a particular focus on the geoeconomic forces shaping European regulation, industrial policy, and the transatlantic relationship. Clients describe him as providing “exceptional…

Atli Stannard advises clients on EU trade law and policy, technology regulation, and the governance of strategically significant industrial sectors, with a particular focus on the geoeconomic forces shaping European regulation, industrial policy, and the transatlantic relationship. Clients describe him as providing “exceptional levels of insight.”

Atli guides clients in highly regulated industries through complex EU policymaking processes, protecting and advancing their core business and regulatory priorities. He is a member of the firm’s Public Policy, International Trade, Sustainability, and Business & Human Rights practices.

Atli’s trade practice covers the full suite of EU trade instruments, including the EU Anti‑Coercion Instrument, trade defence investigations, customs classification and market‑access issues, investment-related tools (FDI and the foreign subsidies regulation), and environmental-related trade tools such as CBAM. He frequently advises on regulatory issues at the intersection of trade and technology—covering platform, data, AI, and competition policy—where digital and geoeconomic considerations converge.

His work also encompasses the EU frameworks governing medical technologies and other strategically important industrial sectors—such as automotive, and food and beverage—and includes supporting clients on environmental and EU ESG policymaking. Across these domains, he helps clients identify regulatory risks early, anticipate institutional dynamics, and build clear, actionable strategies—working closely with them to engage effectively with the European Commission, European Parliament, Council of the EU, and Member State and UK governments.

Read more about Atli StannardEmail
Show more Show less
Photo of Matthieu Coget Matthieu Coget

Matthieu Coget’s practice sits at the intersection of law and policy. He advises primarily on the EU’s evolving regulatory response to geopolitical and trade tensions, including foreign investment screening, sanctions and export controls, and trade safeguards. Matthieu also advises on reputational risks arising…

Matthieu Coget’s practice sits at the intersection of law and policy. He advises primarily on the EU’s evolving regulatory response to geopolitical and trade tensions, including foreign investment screening, sanctions and export controls, and trade safeguards. Matthieu also advises on reputational risks arising from cross-border transactions involving strategic supply chains. In addition, he regularly supports clients in designing and implementing policy engagement strategies.

Read more about Matthieu CogetEmail
Show more Show less
  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    Global Policy Watch
  • Organization:
    Covington & Burling LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo