Regulation (EU) 2019/287 implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements

Summary:

Regulation of the European Parliament and of the Council of 13 February 2019 laying 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 in trade agreements concluded between the European Union and third countries.

Further information:

The majority of EU trade agreements include a bilateral safeguard clause or other special mechanism providing for the possibility to suspend further tariff liberalisation or to re-instate the Most Favoured Nation (MFN) customs duty rate when, as a result of trade liberalisation, imports take place in such increased quantities and under such conditions as to cause (or threaten to cause) serious injury to the domestic producers.

In order for these measures to be operational, this bilateral safeguard clause and any special mechanism should be incorporated in European Union law, and the procedural aspects of their application as well as the rights of interested parties need to be specified.

The proposed Regulation was presented by the European Commission on 18 April 2018. The European Parliament's relevant committee adopted its position on the draft law on 15 January 2019 and the Council of the European Union endorsed it on 28 January.

Official

EUR-Lex: COM(2018)206: Proposal for a Regulation implementing the safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain agreements concluded between the EU and certain third countries https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:206:FIN

European Parliament: Legislative Observatory: Procedure File for proposal implementing the safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain agreements concluded between the EU and certain third countries http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2018/0101(COD)

Council of the European Union: Press Release, 28/01/2019: Safeguards in free trade agreements: Council adopts horizontal framework for bilateral measures https://www.consilium.europa.eu/en/press/press-releases/2019/01/28/safeguards-in-free-trade-agreements-council-adopts-horizontal-framework-for-bilateral-measures/

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