G/SG/N/1/GBR/1/Suppl.16  
20 September  2023 
(23-6282) Page: 1/20 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTI CLE 12.6 OF THE AGREEMENT ON SAFEGUARDS  
UNITED KINGDOM  
Supplement  
The following communication, dated and received on 19 September 2023, is being circulated at the 
request of the delegation of the United Kingdom.  
 
_______________  
 
 
INTRODUCTION  
In accordance with the obligations under Article 12.6 of the Agreement on Safeguards to notify laws, 
regulations and administrative  procedures to the Committee on Safeguards, the United Kingdom 
hereby notifies the following regulations, which amend The Trade Remedies (Increase in Imports 
Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019  ('the Safeguards Regulations '), 
as notified in document G/SG/N/1/GBR/1/Suppl.2  and subsequently amended . A consolidated 
version  of the 2019 regulations  will be available at: 
https://www.legislation.gov.uk/uksi/2 019/449/contents . 
The amend ing regulations  notified herein, and available at 
https://www.legislation.gov.uk/uksi/2023/954/contents/made , maintain the UK's investigating 
authority's expert independent analytical and investigative role, while also giving Ministers greater 
power to look at wider public interest considerations and flexibility to make decisions that balance 
the interests of UK p roducers, importers,  and consumers.  
  G/SG/N/1/GBR/1/Suppl.16  
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  STATUTORY INSTRUMENTS  
2023 NO. 954 
CUSTOMS  
TRADE  
THE TRADE REMEDIES (INCREASE IN IMPORTS CAUSING SERIOUS INJURY TO 
UK PRODUCERS) (EU EXIT) (AMENDMENT) REGULATIONS 2023  
Made             30th August  2023 
Laid before the House of Commons        4th September  2023 
Coming into force            25th September  2023 
The Secretary of State makes these Regulations in exercise of the powers conferred by 
sections  13(5) and 32(7) and (8) of, and paragraphs 8(1), 16(10B), 21, 22, 2 4 and 30 of Schedule  5 
to, the Taxation (Cross -border Trade) Act 2018.1 
In accordance with section 32(12) of the Taxation (Cross -border Trade) Act 2018, the Secretary of 
State has consulted the Trade Remedies Authority.2 
Part 1 Introductory  
Citation, commencement, extent and interpretation  
1.—(1) These Regulations may be cited as the Trade Remedies (Increase in Imports Causing 
Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023.  
(2) These Regulations come into force on 25th  September  2023. 
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.  
(4) In these Regulations "the Safeguards Regulations " means the Trade Remedies (Increase in 
Imports Causing Serious Injury to UK Producers) (EU Exit) Regulat ions 2019.3 
Application  
2.—(1) These Regulations apply in relation to — 
(a) safeguarding investigations4 under Part 2 of Schedule 5 to the Taxation (Cross -border Trade) 
Act 2018 initiated by the TRA  after the commencement of these Regulations,  
(b) reviews under Part 6 and investigations under Part 7A of the Safeguards Regulations — 
(i) initiated by the TRA after the commencement of these Regulations;  
(ii) initiated by the TRA but not completed before the commencement of these Regulations,  
 
1 2018 c.22 . Section 13 of, and Schedule 5 to the Taxation (Cross -border Trade) Act 2018 were 
amended by section 316 of, and Schedul e 19 to, the Finance (No. 2)  Act 2023 (c.30) . 
2 The Trade Remedies Authority was established by the Trade  Act 2021 (c. 10) . 
3 S.I. 2019/449 , amended by  S.I. 2019/1076 , 1319, 2020/99 , 730, 2021/783 , 2022/414 . 
4 See paragraph 6 of Schedule 5 to the Taxation (Cross -border Tra de) Act 2018 for the meaning of 
“safeguarding investigation”.  G/SG/N/1/GBR/1/Suppl.16  
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  (c) a recommendation made by the TRA under Part 7 of the Safeguards Regulations — 
(i) after the commencement of these Regulations;  
(ii) before the commencement of these Regulations, where the Secretary of State has not  
made a decision in relation to that recommendation before the commencement of these 
Regulations, and  
(d) a suspension application made under regulation 40(1) of the Safeguards Regulations after 
the commencement of these Regulations.  
(2) For the purposes o f paragraph (1), "initiated by the TRA " means — 
(a) in the case of a safeguarding investigation, that the TRA has published a notice of its decision 
to initiate the investigation;  
(b) in the case of a review under Part 6 of the Safeguards Regulations, that the TRA has 
published a notice of initiation of a review under that Part;  
(c) in the case of an investigation under Part 7A of the Safeguards Regulations, that the TRA 
has published a notice of its initiation of an international dispute investigation under  regulation 
42C of those Regulations.  
Part 2  Amendment of the Safeguards Regulations  
Chapter 1  General  
Amendment of the Safeguards Regulations  
3. The Safeguards Regulations are amended in accordance with this Part.  
Chapter 2  Amendment of Part 1 (introductory)  
Amendment  of regulation 2 (interpretation)  
4. In regulation 2, at the appropriate place, insert — 
""early review " has the meaning given by regulation 33A; ". 
Chapter 3  Amendment of Part 5 (initiation and conduct of an investigation)  
Amendment of regulation 24 (registration of interest and the issuing of questionnaires)  
5. Omit regulation 24(6).  
Insertion of regulation  28A 
6. After regulation 28, insert — 
"Alternative options for final affirmative determination  
28A. The TRA must consider giving two or more options as part of its recommendation to 
the Secretary of State under paragraph 16(3) of Schedule 5 to the Act in th e following 
circumstances — 
(a) where the TRA  considers that applying a definitive safeguarding amount or making relevant 
goods subject to a tariff rate quota in accordance with its proposed recommendation would 
not meet the economic interest test;  
(b) where the TRA otherwise considers that it is app ropriate. ". G/SG/N/1/GBR/1/Suppl.16  
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  Chapter 4  Amendment of Part 6 (reviews)  
Insertion of regulation 33A (early review)  
7. After regulation 33, insert — 
"Early review  
33A.—(1) The Secretary of State may, within 60 days of the application, variation, 
extension or suspension of a definitive safeguarding remedy under Part 4 of Schedule 5 to the 
Act or Part 6, Part 7 or Part 7A of these Regulations, request that the TRA undertak es a review 
of the application, variation, extension or suspension of that remedy (as the case may be) by 
reference to any matters specified in the request, with a view to varying or revoking it (an 
"early review "). 
(2) Paragraph (1) does not apply in rela tion to a definitive safeguarding remedy which is 
maintained, varied or revoked as a result of an early review under this regulation.  
(3) The Secretary of State may request an early review where the Secretary of State 
considers that — 
(a) there is informati on that the TRA did not take into account in its investigation or review 
that is relevant to the definitive safeguarding remedy;  
(b) the TRA made an error in relation to its recommendation ; or 
(c) exceptional circumstances make the request appropriate.  
(4) Before making a request under paragraph (1), the Secretary of State must consult the 
TRA. 
(5) Where the Secretary of State makes a request under paragraph (1), the TRA must — 
(a) comply with the request;  
(b) in reviewing the definitive safeguarding remedy, have regard to any particular 
considerations which the Secretary of State may specify in the request.  
(6) Where the TRA initiates an early review, the TRA must — 
(a) publish a notice (a "notice of initiation of a review ") containing the  information set out in 
paragraph 9 of the Schedule ; and 
(b) notify the Secretary of State and interested parties accordingly.  
(7) Following the conclusion of an early review, the TRA may determine that the application 
of a definitive safeguarding remedy s hould be — 
(a) maintained in accordance with the relevant public notice made under section 13 of the 
Act; 
(b) varied ; or 
(c) revoked. ". G/SG/N/1/GBR/1/Suppl.16  
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  Amendment of regulation 34 (mid -term review)  
8. In regulation 34 — 
(a) in paragraph (2) — 
(i) for the opening words substitute — 
"Where the TRA decides to initiate a mid -term review under paragraph (1), the TRA must 
notify the Secretary of State that it intends to initiate a mid -term review and, after the relevant 
interval, must take the following steps in the order in which they are set out —"; 
(ii) before paragraph (a), insert — 
"(aa) initiate the review; "; 
(b) after paragraph (2) insert — 
"(2A) In paragraph (2), the "relevant interval " is the period of two working days beginning 
with the first working day after the day o n which the TRA notifies the Secretary of State of its 
intention to initiate the review. "; 
(c) after paragraph (4), insert — 
"(5) Where the TRA proposes to make a determination under paragraph (4)(a) the TRA 
must notify the Secretary of State of its propose d determination.  
(6) Where the Secretary of State has been notified in accordance with paragraph (5), the 
Secretary of State may, within the relevant period (and subject to paragraph (7)), request 
that the TRA reassess its proposed determination by referen ce to any matter specified in the 
request.  
(7) The Secretary of State may only make a request under paragraph (6) where the 
Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its review that is relevant to  
the proposed determination;  
(b) the TRA has made an error in relation to its proposed determination ; or 
(c) exceptional circumstances make the request appropriate.  
(8) The TRA  must comply with a request under paragraph (6).  
(9) The TRA may not make its proposed determination until — 
(a) the relevant period has ended ; or 
(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of 
State will not make a request under paragraph (6), the time when the TRA receives that 
information.  
(10) For the purposes of paragraphs (6) and (9), the "relevant period " is the period of 
21 days beginning with the day on which the TRA notifies the Secretary of State tha t it 
proposes to make the determination in question. ". G/SG/N/1/GBR/1/Suppl.16  
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  Amendment of regulation 35 (extension review)  
9. In regulation 35 — 
(a) after paragraph (2), insert — 
"(2A) Where an application is made under paragraph (2)(a), the TRA must notify the 
Secretary of State of that application before the end of the second working day after the day 
on which it receives the application. "; 
(b) omit paragraph (3);  
(c) in paragraph  (5)— 
(i) for the opening words, substitute — 
"Where the TRA decides to initiate an extension review, the TRA must notify the Secretary of 
State that it intends to initiate an extension review and, after the relevant interval, must take 
the following steps in the order in which they are set out "; 
(ii) before paragraph (a), insert — 
"(aa) initiate the review; "; 
(d) after paragraph (5), insert — 
"(5A) In paragraph (5), the "relevant interval " is the period of two working days beginning 
with the first working day  after the day on which the TRA notifies the Secretary of State of its 
intention to initiate the review. "; 
(e) after paragraph (7), insert — 
"(7A) Where the TRA proposes to make a determination under paragraph (7)(a) the TRA 
must notify the Secretary of Sta te of its proposed determination.  
(7B) Where the Secretary of State has been notified in accordance with paragraph (7A), 
the Secretary of State may, within the relevant period (and subject to paragraph (7C)), 
request that the TRA reassess its proposed dete rmination by reference to any matter specified 
in the request.  
(7C) The Secretary of State may only make a request under paragraph (7B) where the 
Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its revi ew that is relevant to 
the proposed determination;  
(b) the TRA has made an error in relation to its proposed determination ; or 
(c) exceptional circumstances make the request appropriate.  
(7D) The TRA must comply with a request under paragraph (7B).  
(7E) The TRA may not make its proposed determination until — 
(a) the relevant period has ended ; or 
(b) if the Secretary of State informs the TRA  within the relevant period that the Secretary of 
State will not make a request under paragraph (7B), the time when the TRA receives that 
information.  G/SG/N/1/GBR/1/Suppl.16  
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  (7F) For the purposes of paragraphs (7B) and (7E), the "relevant period " is the period of 
21 days beginni ng with the day on which the TRA notifies the Secretary of State that it 
proposes to make the determination in question. ". 
Amendment of regulation 35A (discontinuation review)  
10. In regulation 35A — 
(a) in paragraph (3) — 
(i) for the opening words, substitu te— 
"Where the TRA decides to initiate a discontinuation review, the TRA must notify the Secretary 
of State that it intends to initiate a discontinuation review and, after the relevant interval, 
must take the following steps in the order in which they are set out "; 
(ii) before paragraph (a), insert — 
"(aa) initiate the review; "; 
(b) after paragraph (3), insert — 
"(3A) In paragraph (3), the "relevant interval " is the period of two working days beginning 
with the first working day after the day on which the TRA notifies the Secretary of State of its 
intention to initiate the review. "; 
(c) after paragraph (5), insert — 
"(6) Where the TRA  proposes to make a determination under paragraph (5)(a) the TRA 
must notify the Secretary of State of its proposed determination.  
(7) Where the Secretary of State has been notified in accordance with paragraph (6), the 
Secretary of State may, within the r elevant period (and subject to paragraph (8)), request 
that the TRA reassess its proposed determination by reference to any matter specified in the 
request.  
(8) The Secretary of State may only make a request under paragraph (7) where the 
Secretary of State  considers that — 
(a) there is information that the TRA did not take into account in its review that is relevant to 
the proposed determination;  
(b) the TRA has made an error in relation to its proposed determination ; or 
(c) exceptional circumstances make th e request appropriate.  
(9) The TRA must comply with a request under paragraph (7).  
(10) The TRA may not make its proposed determination until — 
(a) the relevant period has ended ; or 
(b) if the Secretary of State informs the TRA within the relevant period th at the Secretary of 
State will not make a request under paragraph (7), the time when the TRA receives that 
information.  
(11) For the purposes of paragraphs (7) and (10), the "relevant period " is the period of 21 
days beginning with the day on which the TRA  notifies the Secretary of State that it proposes 
to make the determination in question. ". G/SG/N/1/GBR/1/Suppl.16  
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  Amendment of regulation 35B (tariff rate quota review)  
11. In regulation 35B — 
(a) after paragraph (2), insert — 
"(2A) Where an application is made under paragraph (2)(a), the TRA must notify the 
Secretary of State of that application before the end of the second working day after the day 
on which it receives the application. "; 
(b) in paragraph (5) — 
(i) for the opening words, substitute — 
"Where the TRA decides to initiate a TRQ review, the TRA must notify the Secretary of State 
that it intends to initiate a TRQ review and, after the relevant interval, must take the following 
steps in the order in which they are s et out "; 
(ii) before paragraph (a), insert — 
"(aa) initiate the review; "; 
(c) after paragraph (5), insert — 
"(5A) In paragraph (5), the "relevant interval " is the period of two working days beginning 
with the first working day after the day on which the TRA notifies the Secretary of State of its 
intention to initiate the review. "; 
(d) after paragraph (7), insert — 
"(7A) Where the TRA proposes to make a determination under paragraph (7)(a) the TRA  
must notify the Secretary of State of its proposed determination.  
(7B) Where the Secretary of State has been notified in accordance with paragraph (7A), 
the Secretary of State may, within the relevant period (and subject to paragraph (7C)), 
request that t he TRA reassess its proposed determination by reference to any matter specified 
in the request.  
(7C) The Secretary of State may only make a request under paragraph (7B) where the 
Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its review that is relevant to 
the proposed determination;  
(b) the TRA has made an error in relation to its proposed determination ; or 
(c) exceptional circumstances make the request appropriate.  
(7D) The TRA must comply with a requ est under paragraph (7B).  
(7E) The TRA may not make its proposed determination until — 
(a) the relevant period has ended ; or 
(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of 
State will not make a request under p aragraph (7B), the time when the TRA receives that 
information.  G/SG/N/1/GBR/1/Suppl.16  
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  (7F) For the purposes of paragraphs (7B) and (7E), the "relevant period " is the period of 
21 days beginning with the day on which the TRA notifies the Secretary of State that it 
proposes to ma ke the determination in question. ". 
Amendment of regulation 36 (the conduct of reviews)  
12. In regulation 36(4), after "apply to ", insert  "an early review, ". 
Amendment of regulation 37 (TRA 's recommendation to the Secretary of State)  
13. In regulation 37 — 
(a) in paragraph (1), for "Unless paragraph (2) applies, the " substitute  "The"; 
(b) omit paragraph (2);  
(c) after paragraph (2), insert — 
"(2A) Where, in relation to an early review under regu lation 33A, a mid -term review under 
regulation 34 or an extension review under regulation 35, the TRA considers that there are 
two or more options which it could recommend under paragraph (1), it may give the Secretary 
of State each of those options as par t of its recommendation.  
(2B) The TRA  must consider whether it could give the Secretary of State two or more 
options as part of its recommendation under paragraph (1) — 
(a) in the case of an extension review, where the TRA considers that the extension of the 
application of the definitive safeg uarding remedy in accordance with its proposed 
recommendation would not meet the economic interest test;  
(b) where the TRA otherwise considers that it is appropriate.  
(2C) Where, after considering whether it could give the Secretary of State two or more 
options as part of its recommendation in accordance with paragraph (1), the TRA considers 
that there is only one option which it could reasonably recommend under paragraph (1), it 
must give the Secretary of State its reasons for reaching that conclusion.  
(2D) Where the TRA gives the Secretary of State options, it must — 
(a) give the Secretary of State its reasons for including each option ; and 
(b) inform the Secretary of State which option it prefers and why.  
(2E) Where, in the case of an extension review, the  TRA makes a recommendation to extend 
the application of a definitive safeguarding remedy, it must advise the Secretary of State 
whether and why it considers that the extension of the application of that definitive 
safeguarding remedy in accordance with it s recommendation, or in accordance with each 
option given under paragraph (2A), as the case may be, would meet the economic interest 
test.". 
Amendment of regulation 38 (acceptance or rejection of the TRA 's recommendation by 
the Secretary of State)  
14. In regulation 38 — 
(a) for the heading substitute  "Powers of the Secretary of State in relation to the TRA 's 
recommendation "; 
(b) in paragraph (1), for "accept or reject the recommendation " substitute — G/SG/N/1/GBR/1/Suppl.16  
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  "— 
(a) accept or reject the recommendation ; or 
(b) except in the case of a recommendation made in relatio n to an early review under 
regulation 33A, request that the TRA reassess its recommendation, by reference to any 
matters specified in the request, with a view to amending or replacing the recommendation. "; 
(c) after paragraph (1), insert — 
"(1A) Where the S ecretary of State accepts a recommendation which contains options given 
in reliance on paragraph 37(2A), the Secretary of State must decide which of those options to 
adopt. "; 
(d) in paragraph (2), for the words from "that—" to the end, substitute  "that it is not in the public 
interest to accept it "; 
(e) after paragraph (2), insert — 
"(2A) In considering the public interest under paragraph (2), where regulation 37(2E) 
applies the Secretary of State must have regard to the TRA 's advice on whether extending the  
application of a definitive safeguarding remedy in accordance with a recommendation, or in 
accordance with each option, as the case may be, would meet the economic interest test.  
(2B) Paragraph (2C) applies if — 
(a) the TRA  makes a recommendation to vary or replace the application of a definitive 
safeguarding remedy ; and 
(b) the Secretary of State rejects the recommendation.  
(2C) If the Secretary of State considers that it is in the public interest to do so, the Secretary 
of State may decide that the application of the definitive safeguarding remedy should be — 
(a) varied or replaced other than in accordance with the recommendation, subject to 
paragraph (2D) where applicable ; or 
(b) revoked.  
(2D) Where the Secretary of State decides to vary a recommendation made by the TRA 
following a determination by the TRA under regulation 35B(7)(b), the restrictions in 
regulation  35B(8) apply to the Secretary of State 's decision under paragraph (2C)(a). "; 
(f) in paragraph (3), after "rejects the recommendation ", insert  "and does not make a decision under 
paragraph (2C) "; 
(g) after paragraph (3), insert — 
"(4) The Secretary of State may only make a request under paragraph (1)(b) where the 
Secretary of State c onsiders that — 
(a) there is information that the TRA did not take into account in its review that is relevant to 
the recommendation;  
(b) the TRA made an error in relation to its recommendation ; or 
(c) exceptional circumstances make the request appropriate.  
(5) Before making a request under paragraph (1)(b), the Secretary of State must consult 
the TRA.  G/SG/N/1/GBR/1/Suppl.16  
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  (6) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must — 
(a) comply with the request ; and 
(b) in reassessing its recommendation, have regard to any particular considerations which the 
Secretary of State may specify in the request. ". 
Insertion of regulation 38A  
15. After regulation 38, insert — 
"Power to request assistance etc from TRA  
38A.—(1) The Secretary of State may request that the TRA give advice, information or 
other support to the Secretary of State for the purpose of allowing the Secretary of State to 
decide whether to make a decision under regulation 38(2C).  
(2) The Secretary of St ate may include in a request under paragraph (1) a requirement 
that the TRA investigate and provide a report on any matter specified in the request.  
(3) Before making a request under paragraph (1), the Secretary of State must consult the 
TRA. 
(4) The TRA m ust comply with a request under paragraph (1). ". 
Chapter 5  Amendment of Part 7 (suspension)  
Amendment of regulation 39 (suspension of a definitive safeguarding remedy)  
16. In regulation 39 — 
(a) in paragraph (9), for "accept or reject it " substitute — 
"— 
(a) accept or reject the recommendation ; or 
(b) request that the TRA reassess its recommendation, by reference to any matters specified 
in the request, with a view to amending or replacing the recommendation "; 
(b) after paragraph (10), inse rt— 
"(10A)  Paragraph (10B) applies if the recommendation is rejected.  
(10B)  If the Secretary of State considers that it is in the public interest to do so, the 
Secretary of State may decide to vary the recommended period of suspension, subject to 
regulatio n 41(1).  
(10C)  Where the Secretary of State makes a decision under paragraph (10B), the Secretary 
of State must lay a statement before the House of Commons setting out the reasons for 
making the decision. "; 
(c) in paragraph (11), after "rejects a suspensio n recommendation ", insert  "and does not make a 
decision under paragraph (10B) "; 
(d) after paragraph (12), insert — 
"(13) The Secretary of State may only make a request under paragraph (9)(b) where the 
Secretary of State considers that — G/SG/N/1/GBR/1/Suppl.16  
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  (a) there is information that the TRA did not take into account in its consideration of whether 
the circumstances in paragraph (4) exist that is relevant to that consideration;  
(b) the TRA made an error in relation to its recommendation ; or 
(c) exceptional cir cumstances make the request appropriate.  
(14) Before making a request under paragraph (9)(b), the Secretary of State must consult 
the TRA.  
(15) Where the Secretary of State makes a request under paragraph (9)(b), the TRA must — 
(a) comply with the request ; and 
(b) in reassessing its recommendation, have regard to any particular considerations which the 
Secretary of State may specify in the request. ". 
Amendment of regulation 40 (application for suspension)  
17. In regulation 40, after paragraph (2), insert — 
"(2A) Where an application is made under paragraph (1) the TRA must notify the Secretary 
of State of that application before the end of the second working day after the day on which 
it receives the application. ". 
Amendment of regulation 41 (period of suspension)  
18. In regulation 41 — 
(a) in paragraph (7), for "accept or reject it " substitute — 
"— 
(a) accept or reject the recommendation ; or 
(b) request that the TRA  reassess its recommendation, by reference to any matters specified 
in the request, with a view to amending or replacing the recommendation "; 
(b) after paragraph (8), insert — 
"(8A) Paragraph (8B) applies if the recommendation is rejected.  
(8B) If the Secretary of State considers that it is in the public interest to do so, the Secretary 
of State may decide to vary the recommended extended period of suspension, subject to 
paragraph (8C).  
(8C) Where the Secretary of State decides to vary the extended peri od of suspension — 
(a) the overall duration of the extended period of suspension must not exceed 21 months ; 
and 
(b) the extended period of suspension must begin on the day after the date of publication of 
the public notice under section 13 of the Act giving  effect to the decision.  
(8D) Where the Secretary of State makes a decision under paragraph (8B) the Secretary 
of State must lay a statement before the House of Commons setting out the reasons for 
making the decision. "; 
(c) in paragraph (9), after "rejects  a recommendation ", insert  "and does not make a decision under 
paragraph (8B) "; G/SG/N/1/GBR/1/Suppl.16  
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  (d) after paragraph (9), insert — 
"(10) The Secretary of State may only make a request under paragraph (7)(b) where the 
Secretary of State considers that — 
(a) there is informati on that the TRA did not take into account in its recommendation that is 
relevant to the recommendation;  
(b) the TRA made an error in relation to its recommendation ; or 
(c) exceptional circumstances make the request appropriate.  
(11) Before making a request  under paragraph (7)(b), the Secretary of State must consult 
the TRA.  
(12) Where the Secretary of State makes a request under paragraph (7)(b), the TRA must — 
(a) comply with the request ; and 
(b) in reassessing its recommendation, have regard to any particular considerations which the 
Secretary of State may specify in the request. ". 
Insertion of regulation 42ZA  
19. After regulation 42, insert — 
"Power to request assistance etc from TRA  
42ZA. —(1) The Secretary of State may request that the TRA give advice, information or 
other support to the Secretary of State for the purpose of allowing the Secretary of State to 
decide whether to make a decision under regulation 39(10B) or regulation 41(8B).  
(2) The Secretary of State may include in a request under paragraph (1) a requirement 
that the TRA investigate and provide a report on any matter specified in the request.  
(3) Before making a request under paragraph (1), the Secretary of State must consult t he 
TRA. 
(4) The TRA must comply with a request under paragraph (1). ". 
Chapter 6  Amendment of Part 7A (investigation in light  
of an international dispute decision)  
Amendment of regulation 42B (suspension of a definitive safeguarding remedy)  
20. Omit regulation 42B(3)(a)(ii).  
Amendment of regulation 42F (determination to maintain)  
21. In regulation 42F, after paragraph (1), insert — 
"(1A) Where the TRA proposes to make a determination under paragraph (1) the TRA must 
notify the Secretary of State of it s proposed determination.  
(1B) Where the Secretary of State has been notified in accordance with paragraph (1A), 
the Secretary of State may, within the relevant period (and subject to paragraph (1C)), 
request that the TRA reassess its proposed determinatio n by reference to any matter specified 
in the request.  G/SG/N/1/GBR/1/Suppl.16  
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  (1C) The Secretary of State may only make a request under paragraph (1B) where the 
Secretary of State considers that — 
(a) there is information that the TRA  did not take into account in its investigation that is 
relevant to the proposed determination;  
(b) the TRA has made an error in relation to its proposed determination ; or 
(c) exceptional circumstances make the request appropriate.  
(1D) The TRA must comply  with a request under paragraph (1B).  
(1E) The TRA may not make its proposed determination until — 
(a) the relevant period has ended ; or 
(b) if the Secretary of State informs the TRA within the relevant period that the Secretary of 
State will not make a req uest under paragraph (1B), the time when the TRA receives that 
information.  
(1F) For the purposes of paragraphs (1B) and (1E), the "relevant period " is the period of 
21 days beginning with the day on which the TRA notifies the Secretary of State that it 
proposes to make the determination in question. ". 
Amendment of regulation 42G (determination to vary)  
22. In regulation 42G — 
(a) for paragraph (1) substitute — 
"(1) If the TRA  determines the application to goods of a definitive safeguarding remedy 
should be varied, the TRA must make a recommendation to the Secretary of State to that 
effect. "; 
(b) omit paragraph (2);  
(c) after paragraph (2), insert — 
"(2A) Where, in relation to a  recommendation under paragraph (1), the TRA considers that 
there are two or more options which it could recommend, it may give the Secretary of State 
each of those options as part of its recommendation.  
(2B) The TRA must consider whether it could give the  Secretary of State two or more 
options as part of its recommendation under paragraph (1) — 
(a) where the TRA considers that varying a definitive safeguarding remedy in accordance with 
its proposed recommendation would not meet the economic interest test (s ee paragraph 23 
of Schedule 5 to the Act);  
(b) where the TRA otherwise considers that it is appropriate.  
(2C) Where, after considering whether it could give the Secretary of State two or more 
options as part of its recommendation in accordance with paragraph (1), the TRA considers 
that there is only one option which it could reasonably recommend under paragra ph (2A), it 
must give the Secretary of State its reasons for reaching that conclusion.  
(2D) Where the TRA gives the Secretary of State options, it must — 
(a) give the Secretary of State its reasons for including each option ; and G/SG/N/1/GBR/1/Suppl.16  
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  (b) inform the Secretary of State which option it prefers and why.  
(2E) Where the TRA makes a recommendation under paragraph (1), it must advise the 
Secretary of State whether and why it considers that varying the application of a definitive 
safeguarding remedy in accord ance with its recommendation, or in accordance with each 
option given under paragraph (2A), as the case may be, would meet the economic interest 
test."; 
(d) omit paragraphs (3) and (4).  
Amendment of regulation 42I (acceptance or rejection of a recommendati on) 
23. In regulation  42I— 
(a) for the heading substitute  "Powers of the Secretary of State in relation to TRA 's 
recommendation "; 
(b) in paragraph (1), for the words from "accept or reject " to the end substitute — 
"— 
(a)accept or reject the recommendation m ade under regulation 42G(1) or 42H(2) ; or 
(b)request that the TRA  reassess its recommendation, by reference to any matters specified 
in the request, with a view to amending or replacing the recommendation "; 
(c) after paragraph (1), insert — 
"(1A) Where the Secretary of State accepts a recommendation which contains options given 
in reliance on paragraph 42G(2A), the Secretary of State must decide which of those options 
to adopt. "; 
(d) for paragraph (2), substitute — 
"(2) The Secretary of State may reject a recommendation under regulation 42G(1) only if 
the Se cretary of State is satisfied it is not in the public interest to accept it. "; 
(e) for paragraph (3), substitute — 
"(3) The Secretary of State may reject a recommendation under regulation 42H(2) only if 
the Secretary of State is satisfied it is not in the p ublic interest to accept it. "; 
(f) after paragraph 3, insert — 
"(3A) In considering the public interest under paragraph (2), the Secretary of State must 
have regard to the TRA 's advice on whether the variation of the application of a definitive 
safeguarding  remedy in accordance with the recommendation, or in accordance with each 
option, as the case may be, would meet the economic interest test.  
(3B) Paragraph (3C) applies if — . 
(a) the TRA makes a recommendation to vary the application of a definitive safegu arding 
remedy ; and 
(b) the Secretary of State rejects the recommendation.  
(3C) If the Secretary of State considers that it is in the public interest to do so, the Secretary 
of State may decide that the application of the definitive safeguarding remedy shou ld be varied 
other than in accordance with the recommendation, or revoked. "; G/SG/N/1/GBR/1/Suppl.16  
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  (g) in paragraph (4) — 
(i) after "rejects a recommendation ", insert  "and does not make a decision under paragraph (3C) "; 
(ii) at the end of sub -paragraph (a), insert  "containing the information set out in paragraph 18 of 
the Schedule "; 
(h) after paragraph (4), insert — 
"(5) The Secretary of State may only make a request under paragraph (1)(b) where the 
Secretary of State considers that — 
(a) there is information that the TRA did not take into account in its investigation that is 
relevant to the recommendation;  
(b) the TRA made an error in relation to its recommendation ; or 
(c) exceptional circumstances make the request appropriate.  
(6) Before making a request under paragra ph (1)(b), the Secretary of State must consult 
the TRA.  
(7) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must — 
(a) comply with the request ; and 
(b) in reassessing its recommendation, have regard to any particular considerati ons which the 
Secretary of State may specify in the request. ". 
Insertion of regulation 42J  
24. After regulation 42I, insert — 
"Power to request assistance etc from TRA  
42J.—(1) The Secretary of State may request that the TRA give advice, information or other 
support to the Secretary of State for the purpose of allowing the Secretary of State to decide 
whether to make a decision under regulation 42I(3C).  
(2) The Secretary of St ate may include in a request under paragraph (1) a requirement 
that the TRA investigate and provide a report on any matter specified in the request.  
(3) Before making a request under paragraph (1), the Secretary of State must consult the 
TRA. 
(4) The TRA m ust comply with a request under paragraph (1). ". 
Chapter 7  Amendment of the Schedule  
Amendment of the Schedule  
25.—(1) The Schedule is amended as follows.  
(2) In paragraph 4 — 
(a) in the opening words — 
(i) after "paragraph ", insert  "14(2E)(a), "; 
(ii) before "15(3)(a) ", insert  "15(2E)(a), "; G/SG/N/1/GBR/1/Suppl.16  
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  (b) for sub -paragraph (f) substitute — 
"(f) where the Secretary of State rejects the TRA 's recommendation — 
(i) and makes a decision under paragraph 14(2C) or 15(2C) of Schedule 5 to the Act — 
(aa) that such notice is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection and for applying a provisional 
safeguarding remedy other than in accordance with the recommendation;  
(ii) and does not make a decision u nder paragraph 14(2C) or 15(2C) of Schedule 5 to the Act, 
the reasons for the Secretary of State 's rejection. ". 
(3) In paragraph 6 — 
(a) in the opening words — 
(i) after "paragraph ", insert  "19(2E)(a), "; 
(ii) before "20(3)(a) ", insert  "20(2E)(a), "; 
(b) for sub -paragraph (f) substitute — 
"(f) where a provisional safeguarding remedy is in force and the Secretary of State rejects the 
TRA's recommendation — 
(i) and makes a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act — 
(aa) that such notic e is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection and for applying a definitive 
safeguarding remedy other than in accordance with the recommendation;  
(ii) and does not make a decision under p aragraph 19(2C) or 20(2C) of Schedule 5 to the 
Act— 
(aa) that such notice is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection; "; 
(c) for sub -paragraph (g) substitute — 
"(g) where a provisional saf eguarding remedy is not in force and the Secretary of State rejects 
the TRA 's recommendation — 
(i) and makes a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act — 
(aa) that such notice is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection and for applying a definitive 
safeguarding remedy other than in accordance with the recommendation;  
(ii) and does not make a decision under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act, 
the reasons for the Secretary of State 's rejection. ". 
(4) In paragraph 9, in the opening words, after "regulation ", insert  "33A(6)(a) (in which case only 
subparagraphs (a) to (f) and (i) to (l) apply), ". G/SG/N/1/GBR/1/Suppl.16  
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  (5) In paragraph 10, for sub -paragraph (f) substitute — 
"(f) where the Secretary of State rejects the TRA 's recommendation — 
(i) and makes a decision under regulation 38(2C) — 
(aa) that such notice is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection, and  for varying the application of a 
definitive safeguarding remedy other than in accordance with the recommendation or revoking 
it; 
(ii) and does not make a decision under regulation 38(2C), the reasons for the Secretary of 
State 's rejection. ". 
(6) In paragr aph 13, for sub -paragraph (e) substitute — 
"(e) where the Secretary of State rejects the TRA 's recommendation — 
(i) and makes a decision under regulation 39(10B) — 
(aa) that such notice is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection and for suspending the definitive 
safeguarding remedy other than in accordance with the recommendation;  
(ii) and does not make a decision under regulation 39(10B), the reasons for the Secretary of 
State 's reje ction. ". 
(7) In paragraph 14 — 
(a) in the opening words, after "referred to in ", insert  "paragraph 24(6)(a) of Schedule 5 to the Act 
or"; 
(b) for sub -paragraph (f) substitute — 
"(f) where the Secretary of State rejects the TRA 's recommendation — 
(i) and makes a decision under regulation 41(8B) — 
(aa) that such notice is a public notice made under section 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection and for extending a period of suspension 
other than in accordance with the reco mmendation;  
(ii) and does not make a decision under regulation 41(8B), the reasons for the Secretary of 
State 's rejection. ". 
(8) In paragraph 17 — 
(a) in the heading, for "of" in the second place it occurs, substitute  "to maintain the application of a 
definitive safeguarding remedy in an "; 
(b) in the opening words, omit "and 42G(4) ". 
(9) After paragraph 17, insert — 
"Notice of the Secretary of State accepting or rejecting a reco mmendation by the TRA relating to an 
international dispute investigation  G/SG/N/1/GBR/1/Suppl.16  
- 19 - 
  18. The information to be contained in a notice referred to in paragraph 22(4)(a) of 
Schedule 5 to the Act or regulation 42I(4) is — 
(a) a description of the goods to which the notice relates;  
(b) a description of the definitive safeguarding remedy to which the notice relates;  
(c) a summary of the investigation;  
(d) a summary of the international dispute decision;  
(e) the TRA 's determination made in the light of the international dispute decision;  
(f) the reasons for the TRA's recommendation to vary or revoke the definitive safeguarding 
remedy;  
(g) where the Secretary of State accepts the TRA 's recommendation to vary the definit ive 
safeguarding remedy — 
(i) that such notice is a public notice made under section 13 of the Act;  
(ii) a specified period for which the definitive safeguarding remedy is applicable;  
(iii) details of exceptions of goods from the application of the definitive safeguarding remedy, 
if any;  
(h) where the Secretary of State accepts the TRA 's recommendation to revoke the definitive 
safeguarding remedy — 
(i) that such notice is a public notice made under section 13 of the Act;  
(ii) the date that the notice takes effect, which must be the day after the date of publication 
of the notice;  
(i) where the Secretary of State rejects the TRA 's recommendation — 
(i) and makes a decision under regulation 42I(3C) — 
(aa) that such notice is a public notice made under secti on 13 of the Act ; and 
(bb) the reasons for the Secretary of State 's rejection, and for varying the application of a 
definitive safeguarding remedy other than in accordance with the recommendation or revoking 
it; 
(ii) and does not make a decision under regu lation 42I(3C), the reasons for the Secretary of 
State 's rejection. ". 
Signed by the authority of the Secretary of State for Business and Trade  
Kevin Hollinrake  
Parliamentary Under Secretary of State  
Department for Business and Trade  
30th August  2023 G/SG/N/1/GBR/1/Suppl.16  
- 20 - 
  EXPLANATORY NOTE  
(This note is not part of the Regulations)  
These Regulations amend the Trade Remedies (Increase in Imports Causing Serious Injury to UK 
Producers) (EU Exit) Regulations 2019 ( S.I. 2019/449 , as amended) ( "the Safeguards Regulations "). 
The Safeguards Regulations implement part of the United Kingdom trade r emedies system.  
In particular, the amendments — 
• prescribe the circumstances in which the TRA must consider giving options to the Secretary 
of State as part of its recommendation in a safeguarding investigation;  
• in relation to reviews under Part 6 of the Saf eguards Regulations, provide for — 
• the TRA to give alternative options, in certain circumstances, in its 
recommendations to the Secretary of State;  
• the Secretary of State to ask the TRA to reassess its recommendation in certain 
circumstances;  
• the Secretary of State to act other than in accordance with the TRA 
recommendation;  
• the Secretary of State to seek advice, information and support from the TRA;  
• make corresponding amendments to Part 7 (suspension) and Part 7A (investigation in light of 
an international dispute decision) of the Safeguards Regulations;  
• amend the Schedule to the Safeguards Regulations so that notices required under Schedule 5 
to the Taxation (Cross -border Trade) Act 2018 (c. 22) and the Safeguards Regulations reflect 
the amend ments made by these Regulations.  
A notice referred to in the Safeguards Regulations which is published by the Secretary of State will 
be available to view online at  https: //www.gov.uk/business -and-industry/importing . 
A notice referred to in the Safeguards Regulations which is published by the Trade Remedies 
Authority will be available to view online at  https://www.trade -remedies.service.gov.uk/ . 
An impact assessment has not been produced for this instrument as no, or no significant, impact on 
the private, voluntary or public sector is foreseen.  
 
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