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Planes, trains, and automobiles : the EU legislation on climate change and the question of consistency with WTO law

HIESINGER, Stefanie; MAVROIDIS, Petros C.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The European Trading System (EU ETS) for carbon emissions has been extended to apply to aviation as well, including planes of foreign companies flying between, into and out of European Union (EU) airports: this extension has entailed extensive discussions, especially (but not only) across the legal community. Recently, the EU decided to postpone the application of the EU ETS for flights to and from Europe, but not within, for one year in order to facilitate attempts to look for a global solution under the aegis of the International Civil Aviation Organization (ICAO). In this paper, we discuss the consistency of the regime with the multilateral trading rules. In our view, there are good arguments to support the thesis that the regime adopted by the EU does not run afoul of the relevant rules established by the World Trade Organization (WTO). We stop short of assessing the EU’s policy-decision to postpone the ETS application, and the ensuing question of whether a global solution is feasible, since this paper is confined to a pure legal evaluation of the EU ETS using WTO law as a benchmark.; The Redefining the Transatlantic Relationship and its Role in Shaping Global Governance (TRANSWORLD) project is funded by the European Union’s 7th Framework Programme under grant agreement no. 290454.

EU Involvement in Electricity and Natural Gas Transmission Grid Tarification

RUESTER, Sophia; MARCANTONINI, Claudio; HE, Xian; EGERER, Jonas; VON HIRSCHHAUSEN, Christian; GLACHANT, Jean-Michel
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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Current EU involvement in the regulation of TSO revenues and transmission grid tarification is rather limited and the existing heterogeneity among national regulatory practices and transmission tariff structures might be an obstacle for functioning competition and adequate investments in the grids. However, we see neither the need nor solid justification for an EU-wide harmonization of the regulation of TSO revenues. ACER should take the responsibility for benchmarking national regulatory practices. Transparency standards should be extended. Innovative solutions to trigger investments (e.g. competitive tendering or a European tariff component) need to be considered. The EU shall call for the removal of legal barriers that might impede grid investments; it is notably necessary that third parties can invest where incumbent TSOs do not show interest to realize identified priority projects. To increase transparency, the cost components included in electricity transmission tariffs should be harmonized; they should only include costs related to transmission grid infrastructure. Locational signals providing reliable ex-ante signals should be introduced. To avoid a distortion in competition, the EU should fix an average share of the G/L-components; thus...

Reversing the Hierarchy of Priorities in EU-Mediterranean Relations

CASSARINO, Jean-Pierre
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Parte de Livro
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Respect for human rights and democratic principles have been regularly cited as an “essential element” of cooperation and relations between the European Union (EU) and non-EU countries in the Mediterranean. Since the 1990s onwards, numerous communications from the European Commission (EC) have stressed the need to integrate the so-called “essential-element” clause into the various agreements concluded with Mediterranean non-EU countries. When concluding their association agreements with the European Union, Mediterranean countries agreed to respect the “essential-element” clause. When the European Neighborhood Policy (ENP) was introduced in 2004, the promotion of democracy and respect for human rights were presented as core values shaping the EU’s external action in non-EU countries. Despite the clear objectives mentioned in the ENP action plans, and the numerous dialogues designed to raise awareness of the need for democratic reforms and human rights, the promotion of democracy in Mediterranean non-EU countries has been, by all accounts, the least effective chapter of Euro-Med cooperation. This lack of commitment has been denounced by various human rights organizations and associations. Likewise, the European Commission (EC) recognized on various occasions its failure in promoting the observance of human rights. This essay investigates how “essential” the human rights component has been compared with the diverse priorities contained in the European Neighborhood Policy (ENP). It sets out to demonstrate that a subtle hierarchy of priorities has shaped EU policy options and perceptions making progress on human rights and democratization an issue of concern...

In the Corridors and in the Streets: A comparative study of the impacts of social movement campaigns in the EU

PARKS, Louisa
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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This doctoral thesis aims to trace the impacts of campaigns carried out by coalitions of social movement organisations in the transnational arena of the EU. In order to accomplish this task, an original approach to process tracing is adopted using methods used in social movement studies. The internal aspects of campaigns are investigated using a dynamic, cross-time and multi-level, frame analysis, while the contexts of the campaigns are analysed through political and discursive opportunity approaches adapted to the peculiarities of the EU arena. Four case studies, including two campaigns concerned with environmental / public health policy (GMOs and coexistence, and the REACH legislation) and two concerned with broadly defined social policy (the mid-term review of the Lisbon agenda and the Services directive), make up the empirical part of the study. Drawing on documentary evidence as well as semi-structured interviews with staff members from the core SMOs involved in each campaign at the Brussels level, the processes leading to access, agenda, or policy outcomes (or indeed non-outcomes) are traced using the analytical methods mentioned above. These processes provide the basis for preliminary conclusions on the nature of campaigning in the EU. Elite allies are found to be important in securing desired outcomes in campaigns...

Why do emitters trade carbon permits? : firm-level evidence from the European Emission Trading Scheme

ZAKLAN, Aleksandar
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The creation of the EU’s Emission Trading Scheme (EU ETS) has turned the right to emit CO2 into a positively priced intermediate good for the affected firms. Firms thus face the decision whether to source compliance with the EU ETS within their boundaries or to acquire it through the permit trade. However, a combination of internal abatement, free permit allocation and flexibility to shift the use of their allocation across time creates opportunities to achieve compliance with the EU ETS without entering the permit trade. This paper aims to identify firm-level determinants of participation in and the extent of the permit trade while recognizing the possibility of zero trade flows leading to selection bias if unaccounted-for. We construct a firm-level dataset incorporating transaction-level information from both EU ETS operator and person holding accounts, thus representing the entire system-wide permit trade by CO2 emitters. We cover the supply and demand sides of the permit trade, both inter-firm and intra-firm, and account for a wide set of firm-level characteristics using firms’ balance sheet information. A detailed descriptive analysis documents salient features of the firm-level permit trade. We then jointly model firms’ participation and amount decisions while allowing for possible self-selection into trading. Our results suggest that participation in the permit trade is driven by a combination of firm-specific factors existing independently of the EU ETS...

Environmental policy and directed technological change : evidence from the European carbon market

CALEL, Raphael; DECHEZLEPRÊTRE, Antoine
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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This paper investigates the impact of the EU Emissions Trading Scheme (EU ETS) on technological change. We exploit installations-level inclusion criteria to estimate the impact of the EU ETS on firms patenting. We find that the EU ETS has increased low-carbon innovation among regulated firms by as much as 10%, while not crowding out patenting for other technologies. We also find evidence that the EU ETS has not impacted patenting beyond the set of regulated companies. These results imply that the EU ETS accounts for nearly a 1% increase in European lowcarbon patenting compared to a counterfactual scenario.

The Scope of EU Fundamental Rights: An analytical approach

HANCOX, Emily
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Tese de Doutorado
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The scope of EU fundamental rights is in a general state of confusion. This thesis takes an analytical approach to the case law, focuses on how the Court of Justice has conceptualised cases dealing with fundamental rights. This approach goes beyond the use of misleading labels, often used to disguise any extension of the scope of fundamental rights. As a result of this, the case law on general principles is recategorised so that there are three main categories of Member State action falling within the scope of EU fundamental rights. These are, when the Member State acts based on a power conferred by the EU, when Member State action preconditions the exercise of an EU right and when a national measure is affected by EU legislation. The post-Charter case law is then considered against the backdrop of this recategorisation. The general trend suggests that the Charter has not affected the scope of EU fundamental rights. The potential impact of accession to the ECHR is then considered.; Supervisor: Professor Loïc Azoulai, European University Institute.; Award date: 26 November 2012

EU migration governance in Central Asia : everybody’s business – nobody’s business?

KORNEEV, Oleg
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
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The EU has been involved in various migration governance initiatives in Central Asia with ambiguous impact. Among the reasons given to account for EU external governance failures in Central Asia figure poor EU local expertise , “awkwardness” of states in the region, low level of regional cooperation and high conflict potential among Central Asian states. This article identifies previously neglected challenges for EU migration governance in Central Asia due to the nature of international governors present in the field and to the character of relationships between them: strategic – the lack of donors’ coordination, and operational – limited coordination and often open competition between implementing partners. The article concludes by arguing that current EU actions in this field form a set of disparate initiatives that do not amount to a comprehensive policy seeking to impact migration in Central Asia but rather strive to broaden and strengthen EU presence in the region.

Movement of IT professionals between India and the EU : issues and the way forward

SATIJA, Divya; MUKHERJEE, Arpita
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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India and the European Union (EU) are major exporters of information technology (IT) and Itenabled services (ITeS) and both have high domestic demand for such services.The paper found that movement of professionals has benefitted both Indian and EU companies and, in future, bilateral trade in the IT/ITeS sector and labour mobility is likely to increase. However, there are a number of barriers affecting movement of professionals in this sector. The paper suggests that while some of these can be addressed through domestic reforms in India and the EU, others can be addressed under the on-going India-EU Broadbased Trade and Investment Agreement (BTIA) and through inter-governmental cooperation between India and EU member states.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

EU-India migration and trade linkages

TUMBE, Chinmay
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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This paper reviews the relationship between migration and trade between India and the European Union (EU). It provides an overview of EU-India trade across various dimensions and links it with migration in three specific contexts: (a) The $ 14 billion EU-India diamond trade that represents nearly 15% of total EU-India merchandise trade, and that is attributed to the direct and active role played by Indian immigrants and the diaspora (b) The trade in food products such as lentils, beans, rice and spices that reflects the pull of goods towards the EU to meet the preferences of the Indian immigrants and (c) The trade in services in the computer & information, education and entertainment sectors and the mobility of professionals, students and tourists respectively.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

Third-country national students seeking to study in the EU with special emphasis on Indian students : conditions, rights and possibilities

HOOGENBOOM, Alexander
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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This paper proposes to examine the conditions, rights and possibilities of third-country national students, and in particular Indian students, seeking to study in one of the EU Member States from the perspective of the EU legal migration regime. It will be argued that current Directive 2004/114 provides such students with an important set of rights (such as, arguably, a right of entry and residence upon fulfilment of the conditions therefore and a right to work during the studies) but also contains a set of regrettable limitations (such as the lack of provision for students to work in the host country after his or her studies and the restrictive conditions attached to their intra-EU student mobility). Some of these limitations can, however, be overcome by special categories of TCN students relying on a culmination of rights from different sources, in particular agreements concluded by their country of origin with the EU (such as eg. the EEC – Turkey agreement). As such, a number of case studies of such special TCN students are conducted in order to illustrate the possibilities that Indian students may have under their own pending EU-India Trade agreement.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

India-EU migration : the social security rights of Indian nationals moving to and within the European Union

VAN DER MEI, A. P. (Anne Pieter)
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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With the intensification of the economic relationships between India and the European Union (EU) labour mobility from India to the EU is bound to increase in the forthcoming years. This mobility raises numerous questions not only as regards immigration and labour market access, but also in relation to social social security. This paper focuses on the social security status of Indian nationals moving to EU Member States for employment reasons. It presents and analyses, first, the EU’s internal social security coordination regime with a view to establishing the social security status of third country nationals, and Indian workers in particular, moving between EU Member States and, second, the external coordination applicable to Indian nationals, moving from India to individual EU Member States (Belgium and the Netherlands) for employment reasons.; CARIM-India: Developing a knowledge base for policymaking on India-EU migration; CARIM-India is co-financed by the European University Institute and the European Union

Harmonizing electricity TSO regulation to ensure financeability of massive transmission investment plan : the case of North-West EU

GLACHANT, Jean-Michel; SAGUAN, Marcelo; RIOUS, Vincent; DOUGUET, Sébastien
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Relatório Formato: application/pdf; digital
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• The study of five EU regulatory regimes for electricity TSOs (Belgium, Ger­many, Great-Britain, France and the Netherlands) suggests that their designs encompass strong tensions and trade-offs. Four main economic properties are at stake: the capability to (a) sufficiently remunerate TSO investments, (b) reduce the risk borne by TSOs, (c) incentivise TSO cost reduction, and (d) transfer efficiency gains to final users. No regulatory regime can simultane­ously reach the highest level of performance for each of these properties. • The existing national regulatory regimes show a significant heterogeneity of intrinsic trade-offs. This can be understood as a legitimate heritage from the past, and a consequence of the previous paths of network and regulatory re­gimes in an “isolated country” manner giving absolute priority to a particular set of local economic properties. • However, these isolated national contexts should no longer be valid as the Eu­ropean Union is pushing more than ever to prompt for wider integration and increasing interactions between power networks and power systems. In any regional EU market, the economic properties of national regulatory regimes must consequently be realigned and harmonized so as to contribute more to the EU common good. • This harmonization of regulatory regimes should take into account the TSOs’ capability to finance the investments required for projects of pan-European significance. In our new EU paradigm...

Merger control procedures and institutions : a comparison of the EU and US practice

KOVACIC, William E.; MAVROIDIS, Petros C.; NEVEN, Damien J.
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Trabalho em Andamento Formato: application/pdf; digital
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The objective of this paper is to discuss and compare the role that different constituencies play in US and EU procedures for merger control. We describe the main constituencies (both internal and external) involved in merger control in both jurisdictions and discuss how a typical merger case would be handled under these procedures. At each stage, we consider how the procedure unfolds, which parties are involved, and how they can affect the procedure. Our discussion reveals a very different ecology. EU and US procedures differ in terms of their basic design and in terms of the procedures that are naturally associated with these alternative designs. On the one hand, there is a single investigator and decision maker operating under a symmetric mandate in the EU and on the other hand, an investigation and settlement operating under the threat of a court decision in case of challenge only in the US. The EU has developed numerous procedures and has granted extensive rights to the parties in the context of these procedures in order to provide some guarantee that the Commission’s role as investigator and decision maker at first instance is not abused. By contrast, the US procedures appear to be rather informal, the balance in the investigation and evaluation of the merger being provided by the credible threat of a court decision. With a strong federal government that has extensive competences for regulation...

Transparency in the staff selection procedure of the EU institutions : comments on the Pachtitis case

RODRIGUEZ-MEDAL, Jaime
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica Formato: application/pdf; digital
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As one of the key principles governing the activities of the civil service of the European Union, transparency has become more and more important in the decision-making process, activities of the institutions, budget and staff-selecting process. The European Personnel Selection Process (EPSO) -the body in charge of organising the competitions to become EU staff- must ensure it in the selection procedures for the future employees. As a result of the efforts of the EU to apply that principle, candidates of the competitions have been able to get access to information on their performance in those exams. Furthermore, the Court of Justice of the EU has recognised such transparency of the EU administration towards the candidates in competition selection procedures. In 2007, a candidate in a staff selection process appealed the decision of EPSO to exclude him from the competition and alleged, amongst other grounds, a failure to comply with the EU principle of transparency. Despite the fact that there have been judgments and decisions, the issue has not been entirely addressed by both the Court of Justice of the EU and the European Ombudsman. The purpose of this paper is to assess that possible breach of the principle of transparency in the particular Pachtitis case.

National political parties and EU policy developments : the case of Greece prior to the crisis

LEFKOFRIDI, Zoe
Fonte: Instituto Universitário Europeu Publicador: Instituto Universitário Europeu
Tipo: Artigo de Revista Científica
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Greece’s membership in the European Union (EU) and EU policies became key issues in the elections that took place during economic crisis, namely the May and June 2012 legislative and the May 2014 European elections. As the crisis was, and continues to be, an extraordinary period for both Greece and the EU as a whole, the key question concerns whether, due to their ongoing impact on national legislation, EU policy developments have affected national party positions during normal times of integration. However, we know little about Greek party preferences for EU involvement in policy-making and whether EU policy developments affected party competition before the crisis. The present article thus studies party positioning in the policy space during the decades prior to the crisis (1993–2006) using an original survey inquiring Greek party politicians about the crucial policy areas of agriculture and migration, as well as foreign and security affairs. The study reveals differences across Greek parties as well as within parties over time and discusses these findings in the context of the broader debate of party (organizational and policy) change in response to European integration. Besides contributing to this scholarly debate—a literature where...

Time-Resolved Laser Fluorescence Spectroscopy and Extended X-Ray Absorption Spectroscopy Investigations of the N3- Complexation of Eu(III), Cm(III), and Am(III) in an Ionic Liquid: Differences and Similarities

STUMPF Silvia; BILLARD I.; GAILLARD Claude; PANAK P.; DARDENNE K.
Fonte: AMER CHEMICAL SOC Publicador: AMER CHEMICAL SOC
Tipo: Articles in Journals Formato: Printed
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The complexation of the lanthanide Eu(III) and the actinides Cm(III) and Am(III) by N3- was investigated by application of time-resolved laser fluorescence spectroscopy (TRLFS) and X-ray absorption spectroscopy (XAFS) in the ionic liquid solution of C4mimTf2N (1-butyl-3-methylimidazolium-bis(trifluoromethylsulfonyl)imide). TRLFS measurements show that the interaction of azide with Eu(CF3SO3)3 and Eu(ClO4)3 results in both dynamic luminescence quenching by collisional encounters of N3- with Eu(III) and static luminescence quenching by inner-sphere complexation of Eu(III) by N3-. Hereby, the complexation of Eu-triflate by azide starts at a lower N3- concentration as compared to the perchlorate salt. The authors ascribe this phenomenon to a stronger bonding of ClO4- toward the metal ion than triflate, as well as to a stronger electrostatic repulsion of N3- by the perchlorate ligand. In both actinide samples (Cm(ClO4)3, Am(ClO4)3), the complexation with azide exhibits a clear kinetic hindrance. Nevertheless, mixed actinide-perchlorate-azide complexes are formed after several days in C4mimTf2N. The different reaction kinetics for the Ln- and An-complexation by azide may provide the opportunity for an effective separation of lanthanides from actinides in the nuclear fuel cycle by the use of N-based extractants in ionic liquid solution.; JRC.E.6-Actinides research

R&D Business Investment in the EU ICT Sector

LINDMARK SVEN; TURLEA Geomina; ULBRICH MARTIN
Fonte: European Commission Publicador: European Commission
Tipo: EUR - Scientific and Technical Research Reports Formato: Printed
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The EU spends only about half as much on R&D in ICT as the US. This holds true both in absolute amounts and relative to the size of the economy. Indeed, the ICT sector alone is responsible for as much of the overall R&D investment gap as all other sectors combined. From the current data analysis, there are no signs of the ICT R&D investment gap closing. At ICT sector level, the R&D investment gap exists partly because the ICT sector is smaller in the EU than in the US and partly because of the lower R&D intensity of the sector in the EU. The lower R&D intensity is, in turn, primarily due to two sub-sectors: computer services and software on the one hand, and electronic measurement instruments on the other hand. On the positive side, and contrary to the rest of the ICT sector, these two sub-sectors also show strong R&D growth in the EU. Company data indicates that EU companies have R&D intensities similar to their US counterparts in every sub-sector, but are concentrated in less R&D intensive sub-sectors (e.g. telecom services). The US companies are also larger and more numerous in most sub-sectors. These data suggest that the ICT R&D gap between the US and the EU reflects, more than anything, a lack of European firms in the ICT sector. Among the member states...

EU Shipping and the Ballast Water Management Issue

DAVID Matej; PERKOVIC Marko
Fonte: Faculty of Maritime Studies and Transport Publicador: Faculty of Maritime Studies and Transport
Tipo: Contributions to Conferences Formato: CD-ROM
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After almost two decades of intensified research, regulatory and political activities focussed on the prevention of harmful organisms and pathogen transfers around the world, in 2004 the International Convention on the Management of Ships¿ Ballast Water and Sediments (BWM Convention) was adopted to provide a common and globally uniform ballast water management (BWM) approach. Nevertheless, regionally different BWM approaches are developing. By now, many countries around the world seem to be aware of the ballast water issue and its management limitations. In the EU, different approaches have been identified at regional and national scales, however, a common EU wide BWM approach has not yet clearly emerged. In this paper author reviews the BWM approaches developing in Europe, and describe the EU response on BWM, and further provides recommendations which may be considered when developing BWM measures in the EU. This contribution focuses on the BWM issue in European seas in light of the EU Maritime Policy and EU Marine Strategy.; JRC.G.4-Maritime affairs

EU Agricultural Trade Relations with Asian Countries

ABLER David; BANSE Martin; KUIPER Marijke; ROZA Pim; SANTUCCIO Federica
Fonte: European Commission Publicador: European Commission
Tipo: EUR - Scientific and Technical Research Reports Formato: Online
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This report investigates the possible effects of a Free Trade Area between the European Union and its three main trading partners: India, South Korea and the Association of South East Asian Nations (ASEAN) countries, focusing on the agricultural sector. The report includes an analysis of the ongoing bilateral negotiations and bilateral trade flows based on trade policy (at tariff line level), comparative advantages assessment and a modeling analysis of the implications of preferential liberalization in both, a CGE (LEITAP, modified version of the GTAP model) and a partial equilibrium context (PEATSim model). Results show that the overall level of agri-food production in Asian countries is driven by income and population growth, main determinants of increase in demand particularly in India. Different degrees of liberalization in bilateral agricultural and food trade do not significantly affect the total amount of agricultural production in Asian countries and the EU, however, it leads to trade creation and trade diversion effects. Bilateral trade between EU and the Asian countries tend to increase (trade creation) whilst Asian exports to third countries tend to diminish (trade diversion). The implementation of the different policy options (partial and full liberalization) determines a decline in EU overall imports due to the prevailing effect of trade diversion over trade creation. ASEAN imports and export from/to the EU grow considerably under the liberalization scenarios determining a positive net trade of 22 billion ¿ euro for the agri-food sector. Under full liberalization scenario Indian agri-food exports to the EU grow by 4 billion ¿ reaching almost 6.3 billion ¿. Indian agri-food imports grow even faster from 0.2 up to 19 billion ¿. The value of South Korean agri-food exports to the EU grows from 46 million ¿ in the baseline to 4.9 billion ¿ under the full liberalization. Total European agri-food exports expand by almost 11% from partial to the full liberalisation scenario.; JRC.DG.J.5-Agriculture and Life Sciences in the Economy