Annexes to COM(2018)206 - Implementation of the safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain agreements concluded between the EU and certain third countries

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2018)206 - Implementation of the safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain ...
document COM(2018)206 EN
date February 13, 2019
ANNEX

SPECIFIC PROVISIONS CONTAINED IN THE AGREEMENTS AND IMPLEMENTED BY THIS REGULATION

Free Trade Agreement between the European Union and the Republic of Singapore

Date of Applicationxx/xx/xxxx
Bilateral safeguard clauseArticle 3.10 (Application of Bilateral Safeguard Measure)
Specific provision(s) contained in the Agreement:Point (b) of Article 3.9:

‘(b)“transition period” means a period of 10 years from the entry into force of this Agreement’

Article 3.11(5):

‘5.Neither Party shall apply a bilateral safeguard measure as set out in paragraph 1 of Article 3.10 (Application of Bilateral Safeguard Measure):

…

(c)beyond the expiration of the transition period, except with the consent of the other Party.’

Free Trade Agreement between the European Union and the Socialist Republic of Vietnam

Date of Applicationxx/xx/xxxx
Bilateral safeguard clauseArticle 3.10 (Application of a Bilateral Safeguard Measure)
Specific provision(s) contained in the Agreement:Point (c) of Article 3.9:

‘(c)“transition period” means a period of 10 years from the entry into force of this Agreement.’

Article 3.11(6):

‘6.A party shall not apply a bilateral safeguard measure:

…

(c)beyond the expiration of the transition period, except with the consent of the other Party.’

Agreement between the European Union and Japan for an Economic Partnership

Date of Applicationxx/xx/xxxx
Bilateral safeguard clause:Articles 2.5 (Agricultural safeguards) and 5.2 (Application of bilateral safeguard measures)
Specific provision(s) contained in the Agreement:Point (d) of Article 5.1:

‘(d)“transition period” means, in relation to a particular originating good, the period beginning on the date of entry into force of this Agreement and ending 10 years after the date of completion of tariff reduction or elimination on that good in accordance with Annex 2-A.’

Article 18 (Safeguard) of Annex 2-C on motor vehicles and parts:

‘1.During the 10 years following the entry into force of this Agreement, each of the Parties reserves the right to suspend equivalent concessions or other equivalent obligations in the event that the other Party:

(a)does not apply or ceases applying a UN Regulation as specified in Appendix 2-C-1; or

(b)introduces or amends any other regulatory measure that nullifies or impairs the benefits of the application of a UN Regulation as specified in Appendix 2-C-1.

2.Suspensions pursuant to paragraph 1 shall remain in force only until a decision is made in accordance with the accelerated dispute settlement procedure referred to in Article 19 of this Annex or a mutually acceptable solution is found, including through consultations under subparagraph (b) of Article 19 of this Annex, whichever is earlier.’


Joint statement of the European Parliament and the Commission

The European Parliament and the Commission agree on the importance of close cooperation concerning the implementation of the Agreements listed in the Annex to the Regulation (EU) 2019/287 of the European Parliament and of the Council of 13 February 2019 implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between the European Union and third countries. To that end they agree that where the European Parliament adopts a recommendation to initiate a safeguard investigation, the Commission will carefully examine whether the conditions under the Regulation for ex officio initiation are fulfilled. Where the Commission considers that those conditions are not fulfilled, it will present a report to the committee responsible of the European Parliament including an explanation of all the factors relevant to the initiation of such an investigation.