鎵弿浜岀淮鐮 鍒嗕韩濂藉弸鍜屾湅鍙嬪湀
銆€銆€REGULATION 锛圗U锛 No 511/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
銆€銆€of 11 May 2011
銆€銆€implementing the bilateral safeguard clause of the Free Trade Agreement between the European
銆€銆€union and its Member States and the Republic of Korea
銆€銆€THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
銆€銆€EUROPEAN UNION,
銆€銆€Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207锛?锛 thereof,
銆€銆€Having regard to the proposal from the European Commission,
銆€銆€After transmission of the draft legislative act to the national parliaments,
銆€銆€Acting in accordance with the ordinary legislative procedure 锛?锛夛紝
銆€銆€Whereas:
銆€銆€锛?锛 On 23 April 2007 the Council authorised the Commission to open negotiations for a free trade agreement with the Republic of Korea 锛?lsquo;Korea’锛 on behalf of the union and its Member States.
銆€銆€锛?锛 Those negotiations have been concluded and the Free Trade Agreement between the European union and its Member States, of the one part, and the Republic of Korea, of the other part, 锛?lsquo;the Agreement’锛 was signed on 6 October 2010 锛?锛夛紝 received the consent of the European Parliament on 17 February 2011 锛?锛 and is to apply as provided for in Article 15.10 of the Agreement.
銆€銆€锛?锛 It is necessary to lay down the procedures for applying certain provisions of the Agreement which concern safeguards.
銆€銆€锛?锛 The terms ‘serious injury’锛?lsquo;threat of serious injury’ and‘transition period’ as referred to in Article 3.5 of the Agreement should be defined.
銆€銆€锛?锛 Safeguard measures may be considered only if the roduct in question is imported into the union in such increased quantities 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 3.1 of the Agreement.
銆€銆€锛?锛 Safeguard measures should take one of the forms referred to in Article 3.1 of the Agreement.
銆€銆€锛?锛 The tasks of following up and reviewing the Agreement and, if necessary, imposing safeguard measures should b carried out in the most transparent manner possible.
銆€銆€锛?锛 The Commission should submit a report once a year on the implementation of the Agreement and the application of the safeguard measures.
銆€銆€锛?锛 There should be detailed provisions on the initiation of proceedings. The Commission should receive information including available evidence from the Member States of any trends in imports which might call for the application of safeguard measures.
銆€銆€锛?0锛 The reliability of statistics on all imports from Korea to the union is therefore crucial to determining whether the conditions to apply safeguard measures are met.
銆€銆€锛?1锛 In some cases, an increase of imports concentrated in one or several Member States may cause or threaten to cause by itself serious injury to the union industry. In theevent that there is an increase of imports concentrated in one or several Member States, the Commission may introduce prior surveillance measures. The Commissio will give full consideration to how the product subject to investigation, and consequently the union industry producing the like product, can be defined in a manner which provides for an effective remedy, while fully respecting the criteria under this Regulation and the Agreement.
銆€銆€锛?2锛 If there is sufficient prima facie evidence to justify the initiation of a proceeding the Commission should publish a notice as provided for in Article 3.2.2 of the Agreement in the Official Journal of the European Union.
銆€銆€锛?3锛 There should be detailed provisions on the initiation of investigations, access and inspections by interested parties to the information gathered, hearings for the parties involved and the opportunities for those parties to submit their views as provided for in Article 3.2.2 of the Agreement.
銆€銆€锛?4锛 The Commission should notify Korea in writing of the銆€initiation of an investigation and consult with Korea as provided for in Article 3.2.1 of the Agreement.
銆€銆€Article 1
銆€銆€Definitions
銆€銆€For the purposes of this Regulation:
銆€銆€锛坅锛 ‘products’ means goods originating in the union or Korea. A product subject to an investigation may cover one or several tariff lines or a subsegment thereof depending on銆€the specific market circumstances, or any product segmentation commonly applied in the union industry;
銆€銆€锛坆锛 ‘interested parties’ means parties affected by the imports of the product in question;
銆€銆€锛坈锛 ‘union industry’ means the union producers as a whole of銆€the like or directly competitive products, operating within銆€the territory of the Union, or those union producers whose銆€collective output of the like or directly competitive products銆€constitutes a major proportion of the total Union銆€production of those products. In cases where the like or銆€directly competitive product is only one of several銆€products that are made by the producers constituting the銆€union industry, the industry shall be defined as the specific銆€operations that are involved in the production of the like or銆€directly competitive product is only one of several銆€products that are made by the producers constituting the銆€union industry, the industry shall be defined as the specific銆€operations that are involved in the production of the like or銆€directly competitive product;
銆€銆€锛坉锛 ‘serious injury’ means a significant overall impairment in the銆€position of union producers;
銆€銆€锛坋锛 ‘threat of serious injury’ means serious injury that is clearly銆€imminent. A determination of the existence of a threat of銆€serious injury shall be based on verifiable facts and not銆€merely on allegation, conjecture or remote possibility.銆€Forecasts, estimations and analyses made on the basis of銆€factors referred to in Article 5锛?锛夛紝 should, inter alia, be銆€taken into account in order to determine the existence of銆€a threat of serious injury;
銆€銆€锛坒锛 ‘transition period’ means, for a product, the period from the銆€date of application of the Agreement, as provided for in銆€Article 15.10 thereof, until 10 years from the date of銆€completion of tariff elimination or reduction, as the case銆€may be for each product.
銆€銆€Article 2
銆€銆€Principles
銆€銆€1. A safeguard measure may be imposed in accordance with銆€this Regulation where a product originating in Korea is, as a銆€result of the reduction or the elimination of the customs duties銆€銆€on that product, being imported into the union in such銆€increased quantities, in absolute terms or relative to Union銆€production, and under such conditions as to cause or threaten銆€to cause serious injury to the union industry producing a like銆€or directly competitive product.
銆€銆€2. Safeguard measures may take one of the following forms:
銆€銆€锛坅锛 suspension of further reduction of the rate of customs duty銆€on the product concerned provided for under the銆€銆€Agreement; or
銆€銆€锛坆锛 increase in the rate of customs duty on the product to a銆€level which does not exceed the lesser of:
銆€銆€— the most-favoured-nation 锛?lsquo;MFN’锛 applied rate of銆€customs duty on the product in effect at the time the銆€measure is taken, or
銆€銆€— the base rate of customs duty specified in the Schedules in Annex 2-A to the Agreement pursuant to
銆€銆€Article 2.5.2 of the Agreement.
銆€銆€Article 3
銆€銆€Monitoring
銆€銆€1. The Commission shall monitor the evolution of import銆€and export statistics of Korean products in sensitive sectors銆€potentially affected by duty drawback from the date of appli-銆€cation of the Agreement and shall cooperate and exchange data銆€on a regular basis with Member States and the union industry.
銆€銆€2. Upona duly justified request by the industries concerned,銆€the Commission may consider extending the scope of the monitoring to other sectors.
銆€銆€3. The Commission shall present an annual monitoring銆€report to the European Parliament and the Council on銆€updated statistics on imports from Korea of products in the銆€sensitive sectors and those sectors to which monitoring has銆€been extended.
銆€銆€4. For a period of 5 years following the date of application銆€of the Agreement and upon a duly reasoned request from the銆€union industry, the Commission shall pay particular attention銆€to any increase in the import of finished sensitive products銆€originating in Korea into the union where such an increase is銆€attributable to increased use of parts or components imported銆€into Korea from third countries which have not concluded a銆€銆€free trade agreement with the union and which are covered by銆€the provisions on customs duty drawback or exemption from銆€customs duty.
銆€銆€5. For the purposes of paragraph 4, at least the following銆€products shall be considered as falling within the category of銆€sensitive products: textiles and clothing 锛圚S 2007 headings銆€5204, 5205, 5206, 5207, 5408, 5508, 5509, 5510, 5511锛夛紝銆€consumer electronics 锛圚S 2007 headings 8521, 8528锛夛紝銆€passenger cars 锛圚S 2007 headings 870321, 870322, 870323,銆€870324, 870331, 870332, 870333锛 and also those included in銆€the additional list drawn up in accordance with Article 11.
銆€銆€Article 4
銆€銆€Initiation of proceedings
銆€銆€1. An investigation shall be initiated upon request by a銆€Member State, by any legal person or any association not銆€having legal personality, acting on behalf of the Union銆€industry, or on the Commission’s own initiative if it is銆€apparent to the Commission that there is sufficient prima銆€facie evidence, as determined on the basis of factors referred銆€銆€to in Article 5锛?锛夛紝 to justify such initiation.
銆€銆€2. The request to initiate an investigation shall contain銆€evidence that the conditions for imposing the safeguard銆€measure set out in Article 2锛?锛 are met. The request shall銆€generally contain the following information: the rate and銆€amount of the increase in imports of the product concerned銆€in absolute and relative terms, the share of the domestic market銆€taken by increased imports, changes in the level of sales,銆€production, productivity, capacity utilisation, profits and銆€losses, and employment.
銆€銆€3. A Member State shall inform the Commission if trends in銆€imports from Korea appear to call for safeguard measures. That銆€information shall include the evidence available as determined銆€on the basis of factors referred to in Article 5锛?锛夈€ The銆€Commission shall pass that information on to all Member銆€States.
銆€銆€4. The Commission shall consult Member States forthwith if銆€a request is received pursuant to paragraph 1 or if the銆€Commission considers initiation of an investigation on its銆€own initiative. Consultation with the Member States shall take銆€place within 8 working days of the Commission sending the銆€request or information, as provided for in paragraphs 1 and 3銆€of this Article respectively, within the Committee referred to in銆€Article 14. Where, after consultation, it is apparent that there is銆€sufficient prima facie evidence as determined on the basis of銆€factors referred to in Article 5锛?锛 to justify the initiation of a銆€proceeding the Commission shall publish a notice in the Official.
銆€銆€5. Evidence collected for the purpose of initiating銆€proceedings in accordance with Article 14.2 of the Rules of銆€Origin Protocol may also be used for investigations with a銆€view to the imposition of safeguard measures where the銆€conditions stipulated in this Article are met, in particular銆€during the first 5-year period following the date of application銆€of the Agreement.
銆€銆€Article 5
銆€銆€The investigation
銆€銆€1. Following the initiation of the proceeding, the銆€Commission shall commence an investigation. The period a銆€set out in paragraph 3 shall start on the day the decision to銆€initiate the investigation is published in the Official Journal of the銆€European Union.
銆€銆€2. The Commission may request Member States to supply information and Member States shall take whatever steps are銆€necessary in order to give effect to any such request. If that銆€information is of general interest and is not confidential within銆€the meaning of Article 12, it shall be added to the non-confi-銆€dential files as provided for in paragraph 8.
銆€銆€3. The investigation shall, whenever possible, be concluded銆€within 6 months of its initiation. That time limit may be銆€extended by a further period of 3 months in exceptional銆€circumstances such as the involvement of an unusually high銆€number of parties, or complex market situations. The銆€Commission shall notify all interested parties of any such銆€extension and explain the reasons which have led to this銆€extension.
銆€銆€4. The Commission shall seek all information it considers銆€necessary to make a determination with regard to the銆€conditions set out in Article 2锛?锛夛紝 and, where it considers it銆€銆€appropriate, endeavour to verify that information.
銆€銆€5. In the investigation the Commission shall evaluate all銆€relevant factors of an objective and quantifiable nature having銆€a bearing on the situation of the union industry, in particular,銆€the rate and amount of the increase in imports of the product銆€concerned in absolute and relative terms, the share of the銆€domestic market taken by increased imports, changes in the銆€level of sales, production, productivity, capacity utilisation,銆€銆€profits and losses, and employment. This list is not exhaustive銆€and other relevant factors may also be taken into consideration銆€by the Commission for its determination of the existence of銆€serious injury or threat of serious injury, such as stocks銆€銆€prices, return on capital employed, cash flow, and other銆€factors which are causing or may have caused serious injury,銆€or threaten to cause serious injury to the union industry.
銆€銆€6. Interested parties who have come forward pursuant to銆€Article 4锛?锛夛紙b锛 and representatives of Korea may, upon written銆€request, inspect all information made available to the銆€Commission in connection with the investigation other than銆€internal documents prepared by the union authorities or銆€those of the Member States, provided that that information is relevant to the presentation of their case and not confidential銆€within the meaning of Article 12 and that it is used by the銆€Commission in the investigation. Interested parties who have銆€come forward may communicate their views on the information銆€to the Commission. Those views shall be taken into銆€consideration where they are backed by sufficient prima facie evidence.
銆€銆€7. The Commission shall ensure that all data and statistics銆€銆€which are used for the investigation are available, comprehensible, transparent and verifiable.
銆€銆€Article 6
銆€銆€Prior surveillance measures
銆€銆€1. Where the trend in imports of a product originating in銆€Korea is such that it could lead to one of the situations referred銆€to in Articles 2 and 3, imports of that product may be subject銆€to prior surveillance measures.
銆€銆€2. In the event that there is a surge of imports of products銆€falling into sensitive sectors concentrated in one or several銆€Member States, the Commission may introduce prior銆€surveillance measures.
銆€銆€3. Prior surveillance measures shall be adopted by the銆€Commission in accordance with the advisory procedure銆€referred to in Article 14锛?锛夈€侟/p>
銆€銆€4. Prior surveillance measures shall have a limited period of銆€validity. Unless otherwise provided, they shall cease to be valid銆€at the end of the second 6-month period following the first 6銆€months after the measures were introduced.
銆€銆€Article 7
銆€銆€Imposition of provisional safeguard measures
銆€銆€1. Provisional safeguard measures shall be applied in critical銆€銆€circumstances where a delay would cause damage which would銆€be difficult to repair, pursuant to a preliminary determination銆€on the basis of the factors referred to in Article 5锛?锛 that there銆€is sufficient prima facie evidence that imports of a product銆€originating in Korea have increased as the result of the reduction or elimination of a customs duty under the銆€Agreement, and such imports cause serious injury, or threat銆€thereof, to the union industry.銆€Provisional measures shall be adopted by the Commission in銆€accordance with the advisory procedure referred to in銆€Article 14锛?锛夈€ In cases of imperative grounds of urgency,銆€including the case referred to in paragraph 2, the Commission銆€shall adopt immediately applicable provisional safeguard銆€measures in accordance with the procedure referred to in銆€Article 14锛?锛夈€侟/p>
銆€銆€2. Where a Member State requests immediate intervention by銆€the Commission and where the conditions set out in paragraph銆€1 are met, the Commission shall take a decision within 5銆€working days of receiving the request.
銆€銆€3. Provisional measures shall not apply for more than 200銆€days.
銆€銆€4. Should the provisional safeguard measures be repealed銆€because the investigation shows that the conditions set out in銆€Article 2锛?锛 are not met, any customs duty collected as a result銆€of those provisional measures shall be refunded automatically.
銆€銆€5. The measures referred to in this Article shall apply to銆€every product which is put into free circulation after their銆€entry into force. However, such measures shall not prevent銆€銆€the release for free circulation of products already on their was銆€to the union provided that the destination of such products銆€cannot be changed.
銆€銆€Article 8
銆€銆€Termination of investigation and proceeding without銆€measures
銆€銆€1. Where the facts as finally established show that the銆€conditions set out in Article 2锛?锛 are not met, the Commission銆€shall adopt a decision terminating the investigation and銆€proceeding in accordance with the examination procedure銆€referred to in Article 14锛?锛夈€侟/p>
銆€銆€2. The Commission shall make public, with due regard to the銆€protection of confidential information within the meaning of銆€Article 12, a report setting forth its findings and reasoned銆€conclusions reached on all pertinent issues of fact and law.
銆€銆€Article 9
銆€銆€Imposition of definitive measures
銆€銆€1. Where the facts as finally established show that the銆€conditions set out in Article 2锛?锛 are met, the Commission銆€shall adopt a decision imposing definitive safeguard measures銆€in accordance with the examination procedure referred to in銆€Article 14锛?锛夈€侟/p>
銆€銆€2. The Commission shall make public, with due regard to the銆€protection of confidential information within the meaning of銆€Article 12, a report containing a summary of the material facts銆€and considerations relevant to the determination.
銆€銆€Article 10
銆€銆€Duration and review of safeguard measures
銆€銆€1. A safeguard measure shall remain in force only for such銆€period of time as may be necessary to prevent or remedy the銆€serious injury and to facilitate adjustment. That period shall not銆€exceed 2 years, unless it is extended under paragraph 3.
銆€銆€2. A safeguard measure shall remain in force, pending the銆€outcome of the review, during any extension period.
銆€銆€3. The initial period of duration of a safeguard measure may銆€exceptionally be extended by up to 2 years provided it is銆€determined that the safeguard measure continues to be necessary to prevent or remedy serious injury and to facilitate銆€adjustment and that there is evidence that the union industry is銆€adjusting.
銆€銆€4. Extensions shall be adopted in accordance with the銆€procedures of this Regulation applying to investigations and銆€using the same procedures as for the initial measures.銆€銆€The total duration of a safeguard measure may not exceed 4銆€years, including any provisional measure.
銆€銆€5. A safeguard measure shall not be applied beyond the銆€expiry of the transition period, except with the consent of銆€Korea.
銆€銆€Article 11
銆€銆€Procedure for the application of Article 14 of the Rules of銆€Origin Protocol
銆€銆€1. For the purpose of applying Article 14 of the Rules of銆€Origin Protocol, the Commission shall monitor closely the銆€evolution of relevant import and export statistics both in銆€value and as appropriate in quantities and regularly share銆€these data with, and report its findings to, the European銆€Parliament, the Council and the union industries concerned.銆€Monitoring shall start from the date of application of the銆€Agreement and data shall be shared on a bimonthly basis.銆€In addition to the tariff lines included in Article 14.1 of the銆€Rules of Origin Protocol, the Commission shall draw up, in銆€cooperation with the union industry, a list of key tariff lines銆€that are not specific to the automotive sector, but are important銆€for car manufacturing and other related sectors. Specific moni-銆€toring shall be carried out as laid down in Article 14.1 of the銆€Rules of Origin Protocol.
銆€銆€2. Upon request of a Member State or on its own initiative銆€the Commission shall immediately examine whether the銆€銆€conditions for invoking Article 14 of the Rules of Origin銆€Protocol are met and report its findings within 10 working銆€days of the request. Following consultations in the framework銆€of the special committee referred to in the third subparagraph銆€of Article 207锛?锛 of the Treaty on the Functioning of the銆€European union the Commission shall request consultations銆€with Korea whenever the conditions of Article 14 of the銆€Rules of Origin Protocol are met. The Commission shall銆€consider that the conditions are met, inter alia, when the銆€thresholds mentioned in paragraph 3 of this Article are reached.
銆€銆€3. A difference of 10 percentage points shall be considered銆€as ‘significant’ for the purposes of application of paragraph銆€2.1锛坅锛 of Article 14 of the Rules of Origin Protocol when銆€assessing the increased rate of imports of parts or components銆€into Korea as compared with the increased rate of exports from銆€Korea to the union of finished products. An increase of 10 %銆€shall be considered as ‘significant’ for the purposes of appli銆€cation of paragraph 2.1锛坆锛 of Article 14 of the Rules of銆€Origin Protocol when assessing the increase of exports from銆€Korea to the union of finished products in absolute terms, or銆€relative to union production. Increases below these thresholds銆€may also be considered as ‘significant’ on a case-by-case basis.
銆€銆€Article 12
銆€銆€Confidentiality
銆€銆€1. Information received pursuant to this Regulation shall be銆€used only for the purpose for which it was requested.
銆€銆€2. No information of a confidential nature nor any銆€information provided on a confidential basis received pursuant銆€to this Regulation shall be disclosed without specific permission銆€from the supplier of such information.
銆€銆€3. Each request for confidentiality shall state the reasons why銆€the information is confidential. However, if the supplier of the銆€information wishes neither to make it public nor to authorise銆€銆€its disclosure in general terms or in the form of a summary and銆€if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.
銆€銆€4. Information shall in any case be considered to be confi-銆€dential if its disclosure is likely to have a significantly adverse銆€effect upon the supplier or the source of such information.
銆€銆€5. Paragraphs 1 to 4 shall not preclude reference by the銆€union authorities to general information and in particular to銆€reasons on which decisions taken pursuant to this Regulation銆€are based. Those authorities shall, however, take into account銆€the legitimate interest of natural and legal persons concerned銆€that their business secrets should not be divulged.
銆€銆€Article 13
銆€銆€Report
銆€銆€1. The Commission shall make public an annual report on銆€the application and implementation of the Agreement. The銆€report shall include information about the activities of the銆€various bodies responsible for monitoring the implementation銆€銆€of the Agreement and fulfilment of the obligations arising銆€therefrom, including obligations concerning barriers to trade.
銆€銆€2. Special sections of the report shall deal with the fulfilment銆€of obligations under Chapter 13 of the Agreement and with the銆€activities of the Domestic Advisory Group and the Civil Society銆€Forum.
銆€銆€3. The report shall also present a summary of the statistics銆€and the evolution of trade with Korea. Specific mention shall be銆€made of the results of the monitoring of duty drawback.
銆€銆€4. The report shall include information on the implemen-銆€tation of this Regulation.
銆€銆€5. The European Parliament may, within 1 month from the銆€Commission making public the report, invite the Commission銆€to an ad hoc meeting of its responsible committee to present銆€and explain any issues related to the implementation of the銆€Agreement.
銆€銆€Article 14
銆€銆€Committee procedure
銆€銆€1. The Commission shall be assisted by the Committee estab-銆€lished by Article 4锛?锛 of Council Regulation 锛圗C锛 No 260/2009銆€of 26 February 2009 on the common rules for imports 锛?锛夈€ That銆€Committee shall be a Committee within the meaning of Regu-銆€lation 锛圗U锛 No 182/2011.
銆€銆€2. Where reference is made to this paragraph, Article 4 of銆€Regulation 锛圗U锛 No 182/2011 shall apply.
銆€銆€3. Where reference is made to this paragraph, Article 5 of銆€Regulation 锛圗U锛 No 182/2011 shall apply.
銆€銆€4. Where reference is made to this paragraph, Article 8 of銆€Regulation 锛圗U锛 No 182/2011, in conjunction with Article 4銆€thereof, shall apply.
銆€銆€5. Paragraphs 2, 3 and 4 do not prejudice in any way the銆€exercise by the European Parliament and the Council of the銆€power established in Article 11 of Regulation 锛圗U锛 No 182/2011.
銆€銆€This Regulation shall enter into force on the day following its publication in the Official Journal of the銆€European Union. It shall apply from the date of application of the Agreement as provided for in Article 15.10 thereof. A銆€notice shall be published in the Official Journal of the European union specifying the date of application of the銆€Agreement.
銆€銆€This Regulation shall be binding in its entirety and directly applicable in all Member States.
銆€銆€Done at Strasbourg, 11 May 2011.
銆€銆€For the European Parliament 銆€銆€For the Council
銆€銆€The President 銆€銆€The President
銆€銆€J. BUZEK 銆€GYORI E.
鍦板尯锛欬/font>
