Regulation 2019/287 - Implementation of bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between the EU and third countries - Main contents
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official title
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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2019/287 |
| Original proposal | COM(2018)206  |
| CELEX number i | 32019R0287 |
| Document | 13-02-2019; Date of signature |
|---|---|
| Publication in Official Journal | 22-02-2019; OJ L 53 p. 1-13 |
| Signature | 13-02-2019 |
| Effect | 14-03-2019; Entry into force Date pub. +20 See Art 18 |
| End of validity | 31-12-9999 |
22.2.2019 |
EN |
Official Journal of the European Union |
L 53/1 |
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
The Union regularly concludes trade agreements with third countries, in which it grants those countries preferential treatment. Such trade agreements might include bilateral safeguard clauses and other mechanisms for the temporary withdrawal of tariff preferences or of other preferential treatment, such as stabilisation mechanisms for certain sensitive products. The specificities of some products subject to trade agreements might require ad hoc provisions, as might the vulnerable situation of the Union's outermost regions as referred to in Article 349 of the Treaty on the Functioning of the European Union (TFEU). |
(2) |
It is necessary to lay down procedures to guarantee the effective implementation of bilateral safeguard clauses and other mechanisms for the temporary withdrawal of tariff preferences or of other preferential treatment. |
(3) |
This Regulation should apply without prejudice to any specific provisions that are contained in trade agreements in relation to safeguard measures and other mechanisms for the temporary withdrawal of tariff preferences or of other preferential treatment, where such specific provisions are not in accordance with this Regulation. Any such specific provisions should be listed in the Annex to this Regulation. The Commission should therefore not be prevented from negotiating such specific provisions in future trade agreements with third countries. |
(4) |
Safeguard measures are only to be considered where the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause or threaten to cause serious injury to Union producers of like or directly competing products. Safeguard measures should take one of the forms referred to in the relevant trade agreement. |
(5) |
The follow up and review of trade agreements, the conduct of investigations and, where appropriate, the imposition of safeguard measures, should be carried out in the most transparent manner possible. |
(6) |
Member States should inform the Commission of any trends in imports which might call for the imposition of safeguard measures. |
(7) |
The reliability of statistics relating to all imports from the countries concerned to the Union is crucial when determining whether the conditions for the imposition of safeguard measures are met. |
(8) |
The close monitoring of any sensitive products should facilitate timely decisions concerning the possible initiation of investigations and the subsequent imposition of safeguard measures. Therefore, the Commission should regularly monitor imports of any sensitive products from the date of provisional application of the relevant trade agreement, or the date of entry into force thereof, if there is no provisional application. Monitoring should be extended to other products or sectors if the relevant Union industry makes a duly justified request to the Commission. |
(9) |
It is also necessary to set time limits for the initiation of... |
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