IMPLEMENTATION LEVEL

Supranational

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
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Inception date: 01 Apr 2009 | Removal date: open ended
Still in force

Safeguard

Since it was introduced in 1994, the existing regulation concerning EC safeguards and import surveillance (EC Reg. No. 518/94) has been amended several times but until recently no consolidated official document was made public. "In the interests of clarity and rationality" the European Council approved on 26 February 2009 a new regulation (EC Reg. No 260/2009) on the "common rules for imports." This regulation came into effect in April 2009. 
 
Developing country governments and traders may be interested in knowing that this new regulation contains the following article: "No safeguard measure may be applied to a product originating in a developing country member of the WTO as long as that country's share of Community imports of the product concerned does not exceed 3 %, provided that developing country members of the WTO with less than a 3 % import share collectively account for not more than 9 % of total Community imports of the product concerned."
 
 The European Parliament approved on 13 June 2012 an amendment to article 9.5 of the Above regulation. The article procides that individual exporting producers in non-market economies are subject to a countrywide duty rate unless the exporters can show that IT conditions can apply to them. The Dispute Settlement Body found the article to be inconsistent with some aspects of the WTO agreement. As a result, article 9.5 has been modified in order to include the possibility of exhempted entities in a non-market country.

AFFECTED COUNTRIES

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