[:uk]The Commission Delegated Regulation (EU) 2024/2634 of 29 July 2024 amends Regulation (EU) 2019/287 to incorporate specific provisions from the Economic Partnership Agreement (EPA) between the European Union (EU) and the Republic of Kenya. This amendment aligns the EU’s legal framework with the bilateral safeguards outlined in the EPA with Kenya.
**Key Provisions of the Regulation:**
1. **Amendment to Regulation (EU) 2019/287:**
– The Regulation updates the Annex of Regulation (EU) 2019/287 by adding the specific safeguard clauses contained in the EPA between the EU and Kenya.
2. **Incorporation of Specific Articles from the EPA:**
– The following articles from the EPA are added to ensure that the unique safeguard measures agreed upon with Kenya are recognized within EU law:
– **Article 50.1:**
– Allows either party to apply safeguard measures of limited duration that deviate from normal trade commitments, after examining alternative solutions.
– Such measures are subject to the conditions and procedures outlined in Article 50.
– **Article 50.2:**
– Safeguard measures may be enacted when increased imports from one party to the other cause or threaten to cause:
– Serious injury to domestic industries producing similar or directly competitive products.
– Disturbances in an economic sector, leading to major social problems or serious economic deterioration.
– Disturbances in agricultural markets or in mechanisms regulating those markets.
– **Article 50.3(b) and (c):**
– Safeguard measures must be necessary and proportionate.
– Measures may include:
– Increasing customs duties up to levels not exceeding those applied to other World Trade Organization (WTO) members.
– Introducing tariff quotas on the concerned product.
– **Article 50.4:**
– The EU may implement surveillance or safeguard measures specifically for its outermost regions if imports from Kenya threaten to cause the issues mentioned in Article 50.2 in those regions.
– **Article 50.5:**
– **(a)** Kenya may apply surveillance or safeguard measures limited to its territory under the same conditions.
– **(b)** Kenya is permitted to protect infant industries by applying safeguard measures if imports from the EU threaten their development. This provision is valid for ten years from the agreement’s entry into force and can be extended by the EPA Council for up to five additional years.
– **Article 50.6:**
– **(a)** Safeguard measures should only last as long as necessary to prevent or remedy the injury or disturbances.
– **(b)** The duration of safeguard measures is limited:
– Normally up to two years, extendable by another two years.
– For measures by Kenya or limited to the EU’s outermost regions, up to four years, extendable by another four years.
– **(c)** Measures exceeding one year must include steps for their gradual elimination.
– **(d)** A product cannot be subjected to new safeguard measures until at least one year after the expiration of previous measures on the same product.
– **Article 50.7:**
– **(a)** A party considering safeguard measures must immediately refer the issue to the Committee of Senior Officials for examination.
– **(b)** If no solution is found within 30 days, the importing party may proceed with appropriate measures.
– **(c)** Before implementing measures, the party must provide all relevant information for thorough examination.
– **(d)** Measures chosen should least disrupt the agreement’s operation.
– **(e)** Any safeguard measures taken must be promptly notified to the Committee and are subject to periodic consultations.
– **Article 50.8:**
– In exceptional circumstances requiring immediate action, provisional safeguard measures may be applied without prior consultation:
– Up to 180 days for measures by the EU.
– Up to 200 days for measures by Kenya or those limited to the EU’s outermost regions.
– Such provisional measures count towards the total duration limits specified in Article 50.6.
– **Article 50.9:**
– Allows an importing party to implement administrative procedures to quickly gather information on trade flow trends that might necessitate safeguard actions, with an obligation to inform the Committee of Senior Officials promptly.
– **Article 50.10:**
– Clarifies that obligations under the WTO Agreement do not prevent a party from adopting safeguard measures as outlined in Article 50.
3. **Entry into Force:**
– The Regulation becomes effective on the third day following its publication in the Official Journal of the European Union.
– It is binding and directly applicable in all EU Member States.
**Summary:**
By amending Regulation (EU) 2019/287, the EU incorporates the specific bilateral safeguard measures agreed with Kenya into its legal framework. These provisions allow both the EU and Kenya to implement temporary safeguard measures under defined conditions to protect domestic industries from serious injury or economic disturbances caused by increased imports. The measures are subject to strict criteria, time limits, and procedural requirements to ensure they are necessary, proportionate, and transparent.[:]
