IN The Official European Journal of 29 Could has been revealed the regulationwhich extends by one yr – from June 6, 2024 to June 5, 2025 – liberalized commerce between Ukraine and EU international locations.
The Regulation offers that within the occasion of adversarial results on the Union market or available on the market of a number of Member States of comparable or straight aggressive merchandise, protecting measures will likely be utilized. They shall apply for the interval essential to counteract the adversarial results on the Union market or available on the market of a number of Member States.
The Fee assesses the market of the EU or Member States upon a duly substantiated request from a Member State, together with ample prima facie proof.
The time period through which the committee is obliged to current an evaluation is 120 days. In essential circumstances, nevertheless, the EC can difficulty an act solely in 21 days after receiving the request from the related EU member state.
This regulation additionally introduces the quota precept for imports from Ukraine of sure items – eggs, poultry, sugar, oats, corn, semolina or honey.
Listed here are the particular texts in Artwork. 4 of the regulation:
REGULATION (EU) 2024/1392 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 Could 2024
Article 4
Protecting measures
1. The place a product originating in Ukraine coated by Article 1(1) is imported underneath situations which adversely have an effect on the Union market or the market of a number of Member States for related or straight aggressive merchandise, the Fee could to impose via an government act any obligatory measures. This implementing act shall be adopted in accordance with the examination process referred to in Article 5(3).
Such measures could also be imposed for the interval essential to counteract the adversarial results on the Union market or available on the market of a number of Member States of comparable or straight aggressive merchandise.
2. The Fee shall commonly monitor the affect of this Regulation, bearing in mind info on exports, imports, costs on the Union market or available on the market of a number of Member States and on the Union manufacturing of the merchandise topic to the commerce liberalization measures underneath Article 1, paragraph 1, letter b).
The Fee shall inform the Member States of the outcomes of the common monitoring each two months from 6 June 2024.
3. The Fee shall assess the state of the Union market or the market of a number of Member States for related or straight aggressive merchandise with a view to imposing measures in accordance with paragraph 1. This evaluation shall start:
| a) | following a duly reasoned request by a Member State, together with ample prima facie proof which can moderately be anticipated to be out there to that Member State pursuant to paragraph 4 of the existence of imports having an adversarial impact available on the market pursuant to paragraph 1, or |
| b) | by itself initiative, as soon as it turns into obvious to the Fee that there’s sufficient prima facie proof of the presence of imports having an adversarial impact available on the market pursuant to paragraph 1. |
The analysis referred to within the first paragraph have to be accomplished inside 4 months of its initiation.
4. When finishing up the evaluation pursuant to paragraph 3, the Fee shall bear in mind all related market developments, together with the affect of the related imports on the state of the Union market or the market of a number of Member States of comparable or straight aggressive merchandise. This evaluation contains components resembling:
| a) | the speed and quantity of enhance in imports from Ukraine of the related product in absolute and relative phrases; |
| b) | the consequences of the related imports on manufacturing and costs on the Union market or available on the market of a number of Member States, whereas bearing in mind developments in imports from different sources. |
The listing of things referred to within the first paragraph isn’t exhaustive and different related components could also be taken into consideration.
5. In essential circumstances, the place delay would trigger irreparable harm, the Fee could, via an implementing act, quickly impose any obligatory measures. Such measures could also be imposed solely after a duly substantiated request by a Member State pursuant to paragraph 3 letter a) of this Article and shall be adopted inside 21 days of receipt of the request. This implementing act shall be adopted in accordance with the advisory process referred to in Article 5(4). The interval of utility of a short lived safeguard measure shall not exceed 120 days.
6. The place, because of the evaluation referred to in paragraph 3, the Fee considers that the Union market or the market of a number of Member States for related or straight aggressive merchandise has been adversely affected and intends to impose a definitive measure pursuant to paragraph 1, it publish a discover in Official Journal of the European Union, saying the introduction of such a measure. The discover comprises a abstract of the principle outcomes of the evaluation and signifies the deadline through which the events can current their opinions in writing. This era can not exceed 10 days from the date of publication of the discover.
7. If, in the course of the interval from June 6 to December 31, 2024, the cumulative quantity of imports of eggs, poultry, sugar, oats, corn, semolina or honey after January 1, 2024 reaches the corresponding common worth of the amount of imports, registered within the interval from 1 July to 31 December 2021, in 2022 and in 2023, inside 14 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015 /478 (hereinafter known as the “Committee on Safeguards”), the Fee:
| a) | re-introduces for this product the related tariff quota, the applying of which has been suspended pursuant to Article 1, paragraph 1, letter b) of this Regulation, till 31 December 2024; and |
| b) | introduces, ranging from 1 January 2025, a tariff quota equal to 5 twelfths of the indicated arithmetic imply worth, or the corresponding tariff quota, the applying of which is suspended by Article 1, paragraph 1, letter b) of this Regulation, making use of the upper of the 2 values. |
If in the course of the interval from January 1 to June 5, 2025, the cumulative quantity of imports of eggs, poultry, sugar, oats, corn, semolina or honey for the interval after January 1, 2025 reaches 5 twelfths of the corresponding arithmetic imply of the amount of imports registered within the interval from 1 July to 31 December 2021, in 2022 and in 2023, the Fee — inside 14 days and after informing the Committee on Safeguards — reintroduces the related tariff quota for that product , the applying of which is suspended pursuant to Article 1, paragraph 1, letter b).
For the needs of this paragraph, the phrases “eggs”, “poultry”, “sugar”, “oats”, “maize”, “semolina” and “honey” check with all merchandise coated by the tariff quotas within the Appendix to Annex I-A to the Affiliation Settlement respectively for eggs and albumin, poultrymeat and meat merchandise, sugar, oats, maize, flours and granules, barley groats and groats, in any other case processed cereal grains and honey . The arithmetic imply worth referred to on this paragraph shall be calculated by dividing the sum of the import quantity within the interval from 1 July to 31 December 2021, in 2022 and in 2023 by two and a half.
The Fee could undertake an implementing act establishing the foundations for monitoring the amount of imports referred to on this paragraph. This implementing act shall be adopted in accordance with the advisory process referred to in Article 5(4).
8. If the Fee imposes a measure pursuant to paragraph 1, 5 or 7 re-introducing a tariff quota suspended pursuant to Article 1(1)(b), the amount imported in the course of the calendar yr through which the Fee imposes that measure , is taken into consideration within the administration of the tariff quota.
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