Regulation 2013/19 - Implementation of the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement with Colombia and Peru - Main contents
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Regulation (EU) No 19/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2013/19 |
| Original proposal | COM(2011)600  |
| CELEX number i | 32013R0019 |
| Document | 15-01-2013 |
|---|---|
| Publication in Official Journal | 19-01-2013; Special edition in Croatian: Chapter 11 Volume 127,OJ L 17, 19.1.2013 |
| Effect | 01-01-1001; Application See Art 17 22-01-2013; Entry into force Date pub. +3 See Art 17 |
| End of validity | 31-12-9999 |
19.1.2013 |
EN |
Official Journal of the European Union |
L 17/1 |
REGULATION (EU) No 19/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 January 2013
implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
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) |
On 19 January 2009 the Council authorised the Commission to negotiate a multiparty trade agreement on behalf of the European Union and its Member States with the Member Countries of the Andean Community which shared the aim to reach an ambitious, comprehensive, and balanced trade agreement. |
(2) |
Those negotiations have been concluded and the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (‘the Agreement’) was signed on 26 June 2012, received the consent of the European Parliament on 11 December 2012 and is to apply as provided for in Article 330 of the Agreement. |
(3) |
It is necessary to lay down the most appropriate procedures to guarantee the effective application of certain provisions of the Agreement which concern the bilateral safeguard clause and for applying the stabilisation mechanism for bananas that has been agreed with Colombia and Peru. |
(4) |
It is also necessary to create appropriate safeguard mechanisms to prevent serious harm to the Union banana growing sector which is of great importance to the agricultural producers of many of the outermost regions of the Union. The limited ability of those regions to diversify, owing to their natural characteristics, makes the banana sector particularly vulnerable. It is therefore essential to create effective mechanisms to address preferential imports from third countries concerned, in order to guarantee that Union banana production is maintained under the best possible conditions, as it is a crucial employment sector in certain areas, especially in the outermost regions. |
(5) |
The terms ‘serious injury’, ‘threat of serious injury’ and ‘transitional period’ as referred to in Article 48 of the Agreement should be defined. |
(6) |
Safeguard measures should be considered only if 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 competitive products as laid down in Article 48 of the Agreement. |
(7) |
Specific safeguard provisions should be available in case the product in question is imported in such increased quantities and under such conditions as to cause or threaten to cause serious deterioration in the economic situation of any of the outermost regions as referred to in Article 349 of the Treaty on the Functioning of the European Union (TFEU). |
(8) |
Safeguard measures should take one of the forms referred to in Article 50 of the Agreement. |
(9) |
The tasks of following up and reviewing the Agreement, carrying out investigations and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible. |
(10) |
The Commission should submit an annual report to the European Parliament and to the Council on the implementation of the Agreement and the... |
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