Key data
| Regulation | Commission Implementing Regulation (EU) 2026/2118 |
|---|---|
| Publication | 25 September 2026 (EU Official Journal) |
| Entry into force | 24 September 2026 |
| Product affected | Peking duck originating from the People's Republic of China |
| Measure | Mandatory registration of imports as a prerequisite for retroactive anti-dumping tariffs |
| Affected parties | European importers, distributors and hospitality sector supplying Chinese Peking duck |
| Category | European Regulation — Foreign Trade / Anti-dumping |
| Year | 2026 |
| Official URL | OJ:L_202602118 — EUR-Lex |
European importers of Chinese Peking duck face an unusual situation: every kilogram entering the EU from 24 September 2026 is registered, and that registration can become a customs debt if the ongoing anti-dumping investigation concludes that China is selling below the real cost. Implementing Regulation (EU) 2026/2118, published on 25 September 2026, activates this procedural safeguard mechanism that allows the Commission to act with retroactive effect.
This is not a tariff already applied: it is the legal authorization to apply it retroactively from the date of registration. This completely changes the risk calculation for any company that depends on this supply.
What does this regulation establish?
Regulation 2026/2118 imposes mandatory registration of imports of Peking duck originating from China with the customs authorities of the EU Member States. This registration is not a tariff in itself, but a procedural mechanism with a very specific function: to preserve the possibility of retroactive collection.
The mechanism works as follows:
- The European Commission has opened an anti-dumping investigation into Chinese Peking duck, having detected signs that export prices are below the real cost of production.
- While the investigation progresses, mandatory registration of each import operation is activated.
- If the investigation confirms dumping, the Commission may impose definitive anti-dumping duties with retroactive effect from the date the registration began (24 September 2026).
- Without this prior registration, European regulations would not allow retroactive collection: the registration period acts as a procedural safeguard to not lose that possibility.
The measure responds to signs that Chinese prices are below the real cost of production, which harms European producers in the poultry sector.
Economic and operational impact
The impact for importing companies is not theoretical: it is a real contingent liability that accumulates with each transaction carried out from 24 September 2026.
- Risk of retroactive payment: If anti-dumping duties are confirmed, importers will have to pay the difference on all purchases registered from the date of entry into force, not just on future ones.
- Immediate reporting obligation: Each import operation must be declared to the customs authorities. Failure to comply with this registration obligation adds additional risk of administrative penalties.
- Uncertainty in the pricing chain: Distributors and hospitality operators who have agreed prices with their customers based on the current cost of the Chinese product could see their margins altered if retroactive tariffs materialize.
- Pressure on supply: Uncertainty may accelerate the search for alternative supply sources in other markets or European production, with the consequent impact on costs and logistics.
The specific amount of possible anti-dumping duties is not fixed in this regulation: it will depend on the outcome of the investigation. What is immediate is the registration obligation and retroactive exposure.
Who does it affect?
- European importers of Chinese Peking duck: They are directly obligated by the registration and assume the risk of retroactive payment of tariffs.
- Poultry product distributors: If their supply chain includes Peking duck of Chinese origin, they must review contracts and margins in light of the risk of cost overruns.
- Hospitality and restaurant sector: Restaurants specializing in Chinese or Asian cuisine, and any establishment using Chinese Peking duck as raw material, may see their supply costs altered.
- Food distribution and large retailers: Chains that market Peking duck of Chinese origin must assess their exposure on shelves and in contracts with suppliers.
- European Peking duck producers: They are the potential beneficiaries of the measure, as the objective is to protect them from unfair competition due to artificially low prices.
Practical example
A Spanish importer that regularly introduces Chinese Peking duck into the European market carries out, between October and December 2026, three operations for a total value of 200,000 euros. All of them are registered in customs in accordance with Regulation 2026/2118.
If the anti-dumping investigation concludes in 2027 with the imposition of duties of, for example, 30% (hypothetical figure, not fixed in this regulation), the importer could face a retroactive settlement of 60,000 euros on those already completed transactions, in addition to tariffs on future imports.
This scenario requires any company in this situation to account for the risk from the moment it makes the import, and not wait for the final resolution of the investigation.
What should companies do now?
- Identify the volume of affected imports: Review what operations of Peking duck of Chinese origin have been carried out since 24 September 2026 and quantify the total amount exposed to possible retroactive tariffs.
- Comply with the customs registration obligation: Ensure that each import is correctly declared to the customs authorities. Coordinate with the customs agent or foreign trade department.
- Account for the risk: Inform the CFO or financial department so that a provision is established for the risk of retroactive payment of tariffs on already registered operations.
- Review contracts with suppliers and customers: Verify whether supply contracts include clauses for adjustment for tariff variations. If they do not, negotiate their incorporation to protect margins.
- Evaluate alternative supply sources: Analyze Peking duck suppliers from other origins (European production or other third countries not affected) to reduce dependence on Chinese supply while uncertainty persists.
- Monitor the progress of the anti-dumping investigation: Follow publications in the EU Official Journal and European Commission communications on the outcome of the investigation to anticipate the final decision.
Frequently asked questions
What does it mean that imports are "subject to registration"?
It means that each import operation of Chinese Peking duck must be mandatorily declared to the EU customs authorities. This registration does not imply immediate payment of any additional tariff, but it enables the European Commission to demand anti-dumping duties with retroactive effect from the date the registration began (24 September 2026) if the ongoing investigation confirms dumping practices.
When can retroactive tariffs be applied and how much can they be?
Retroactive tariffs will only be applied if the anti-dumping investigation concludes confirming that Chinese prices are below the real cost. Regulation 2026/2118 does not set the amount of possible duties: that figure will be determined in the final resolution of the investigation. Retroactivity applies from 24 September 2026, the date the registration entered into force.
What happens if an importer does not register their operations in customs?
Failure to comply with the registration obligation established by Regulation 2026/2118 exposes the importer to customs administrative penalties, in addition to not being properly documented in the event of a retroactive settlement. It is essential to coordinate with the customs agent to ensure compliance from 24 September 2026.
Does this measure affect restaurants and hospitality businesses that buy Peking duck?
Directly, the registration obligation falls on importers. However, hospitality, restaurant and food distribution businesses that depend on Chinese Peking duck supply are indirectly affected: if tariffs are confirmed, the cost of the product will increase and margins will be pressured. The Regulation recommends reviewing financial exposure and evaluating alternative supply sources.
Is there European Peking duck production as an alternative to Chinese supply?
The anti-dumping measure is precisely intended to protect European Peking duck producers, which implies that there is community production of this product. Affected companies must assess whether European supply or other origins not subject to investigation can meet their needs, although usually at a higher cost than the Chinese product under investigation.
Official source
Consult full regulation at official source — EUR-Lex OJ:L_202602118
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202602118
