G/SG/N/1/EU/2  
 
12 June 2015  
(15-3052)  Page: 1/21  
 Committee on Safeguards  Original: English/French/Spanish  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT ON SAFEGUARDS 
EUROPEAN UNION 
The following communication, dated 9 June 2015, is being circulated at the request of the 
Delegation of the European Union.  
_______________ 
  Referring to the obligation under Article 12.6 of the Agreement on Safeguards to notify laws, 
regulations and administrative procedures to the Committee on Safeguards, 
the European Union (EU) is pleased to inform you as follows.  
As the EU already notified in document G/SG/N/1/EU/1/Suppl.2 of 14 April 2014, Regulation (EU) 
No. 37/2014 of the European Parliament and of  the Council of 15 January 2014 amended certain 
regulations relating to the EU's common commercial policy as regards the procedures for the 
adoption of certain measures, including safeguards. 
 In this framework, the EU has undertaken a codification exercise of its existing Safeguard Regulation in order to consolidate the existing provisions on EU safeguards procedures and the 
above amendments into the text of a new Regulation. This Regulation thus fully preserves the 
substance of the acts being codified.  
The text of the resulting new Regulation (EU) 2015/478 of the European Parliament and of the 
Council of 11 March 2015 is hereto attached. It includes the references to the repealed regulations (Annex II.) and a "Correlation Table" (Annex III.) to allow tracking and comparison between the 
old and new provisions. 
 The EU trusts that this effort will contribute to WTO Members' objective of having a more transparent rules-based system. 
 
 G/SG/N/1/EU/2 
 
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  REGULATION (EU) 2015/478 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 
 
11 March 2015 
 
on common rules for imports 
 
(codification) 
 
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,  
Having regard to the opinion of the Eu ropean Economic and Social Committee
1, 
 Acting in accordance with the ordinary legislative procedure
2, 
 
Whereas:  
(1) Council Regulation (EC) No 260/2009
3 has been substantially amended.4 In the interests of 
clarity and rationality, that Regulation should be codified.  (2) The common commercial policy should be based on uniform principles. 
 
(3) The European Community concluded the Agreem ent establishing the World Trade Organization 
(‘WTO’). Annex 1A to that Agreement contains, inter alia, the General Agreement on Tariffs and 
Trade 1994 (‘GATT 1994’) and an Agreement on Safeguards. 
 (4) The Agreement on Safeguards meets the need  to clarify and reinforce the disciplines of 
GATT 1994, and specifically those of Article XIX. That Agreement requires the elimination of 
safeguard measures which escape those rules, such as voluntary export restraints, orderly marketing arrangements and any other similar import or export arrangements.  
(5) The Agreement on Safeguards also covers coal and steel products. The common rules for 
imports, especially as regards safeguard measures, therefore also apply to those products without prejudice to any possible measures to apply an ag reement specifically concerning coal and steel 
products. 
 (6) The textile products covered by Council Regulation (EC) No 517/94
5 are subject to special 
treatment at Union and international level. They should therefore be excluded from the scope of 
this Regulation.  (7) The Commission should be informed by the Memb er States of any danger created by trends in 
imports which might call for Union surveillance or the application of safeguard measures. 
 
                                               
1 Opinion of 10 December 2014 (not yet published in the Official Journal).  
2 Position of the European Parliament of 11 February 2015 (not yet published in the 
Official Journal) and decision  of the Council of 2 March 2015.  
3 Council Regulation (EC) No 260/2009 of 26 Febr uary 2009 on the common rules for imports 
(OJ L 84, 31.3.2009, p. 1).  
4 See Annex II.  
5 Council Regulation (EC) No 517/94 of 7 Marc h 1994 on common rules for imports of textile 
products from certain third countries not covere d by bilateral agreements, protocols or other 
arrangements, or by other specific Communi ty import rules (OJ L 67, 10.3.1994, p. 1).  G/SG/N/1/EU/2 
 
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  (8) In such instances the Commission should examine the terms and conditions under which 
imports occur, the trend in imports, the various aspects of the economic and trade situations and, where appropriate, the measures to be applied.  
(9) If prior Union surveillance is applied, release for free circulation of the products concerned 
should be made subject to presentation of a surveillance document meeting uniform criteria. That document should, on simple application by the importer, be issued by the authorities of the 
Member States within a certain period but without the importer thereby acquiring any right to 
import. The surveillance document should therefore be  valid only during such period as the import 
rules remain unchanged.  
(10) The Member States and the Commission shou ld exchange the information resulting from 
Union surveillance as fully as possible.  
(11) It falls to the Commission to adopt the safeguard measures required by the interests of the 
Union. Those interests should be considered as a whole and should in particular encompass the interests of Union producers, users and consumers. 
 
(12) Safeguard measures against a member of the WTO may be considered only if the product in question is imported into the Union in such gr eatly increased quantities and on such terms or 
conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly 
competing products, unless international obligations permit derogation from this rule. 
 (13) The terms ‘serious injury’, ‘threat of seriou s injury’ and ‘Union producers’ should be defined 
and precise criteria for determining injury should be laid down. 
 (14) An investigation should precede the applic ation of any safeguard measure, subject to the 
reservation that the Commission be allowed in urgent cases to apply provisional measures. 
 (15) There should be detailed provisions on the opening of investigations, the checks and inspections required, access by exporter countries and interested parties to the information 
gathered, hearings for the parties involved and th e opportunities for those parties to submit their 
views.  
(16) The provisions on investigations laid down in this Regulation are without prejudice to Union or 
national rules concerning professional secrecy.  
(17) It is also necessary to set time limits for the initiation of investigations and for determinations 
as to whether or not measures are appropriate, wi th a view to ensuring that such determinations 
are made quickly, in order to increase legal certainty for the economic operators concerned.  
(18) In cases in which safeguard measures take the form of a quota the level of the latter should 
be set in principle no lower than the average level of imports over a representative period of at least 3 years. 
 
(19) In cases in which a quota is allocated among supplier countries each country's quota may be determined by agreement with the countries themse lves or by taking as a reference the level of 
imports over a representative period. Derogati ons from these rules should nevertheless be 
possible where there is serious injury and a disproportionate increase in imports, provided that due consultation under the auspices of the WTO Committee on Safeguards takes place.  
(20) The maximum duration of safeguard measures should be determined and specific provisions 
regarding extension, progressive liberalisation and reviews of such measures should be laid down. 
 
(21) The circumstances in which products originating in a developing country which is a member of 
the WTO are to be exempt from safeguard measures should be established.  
(22) Surveillance or safeguard measures confined to one or more regions of the Union may prove 
more suitable than measures applying to the wh ole Union. However, such measures should be 
authorised only exceptionally and where no alternat ive exists. It is necessary to ensure that such 
measures are temporary and cause the minimum of disruption to the operation of the internal 
market. G/SG/N/1/EU/2 
 
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  (23) In the interests of uniformity in rules for imports, the formalities to be carried out by 
importers should be simple and identical regardless  of the place where the goods clear customs. It 
is therefore desirable to provide that any formalities should be carried out using forms corresponding to the specimen annexed to this Regulation. 
 
(24) Surveillance documents issued in connection with Union surveillance measures should be valid throughout the Union irrespective of the Member State of issue. 
 
(25) The implementation of this Regulation requires uniform conditions for adopting provisional and definitive safeguard measures, and for the im position of prior surveillance measures. Those 
measures should be adopted by the Commission in accordance with Regulation (EU) No 182/2011 
of the European Parliament and of the Council.
1 
 (26) The advisory procedure should be used fo r the adoption of surveillance and provisional 
measures given the effects of such measures and their sequential logic in relation to the adoption 
of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair, it is necessary to allow the Commission to adopt 
immediately applicable provisional measures, 
                                               
1 Regulation (EU) No 182/2011 of the Europe an Parliament and of the Council of 
16 February 2011 laying down the rules and general principles concerning me chanisms for control by 
Member States of the Commission 's exercise of implem enting powers (OJ L 55, 28.2.2011, p. 13).  G/SG/N/1/EU/2 
 
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HAVE ADOPTED THIS REGULATION:  
CHAPTER I 
 
GENERAL PRINCIPLES 
 
Article 1 
 1.  This Regulation applies to imports of products originating in third countries, except for:  
(a) textile products subject to specific im port rules under Regulation (EC) No 517/94; 
 (b) products originating in certain third countri es listed in Council Regulation (EC) No 625/2009.
1 
 
2.  The products referred to in paragraph 1 shall be freely imported into the Union and accordingly, without prejudice to the safeguard measures whic h may be taken under Chapter V, shall not be 
subject to any quantitative restrictions. 
 
CHAPTER II 
 
UNION INFORMATION AND CO NSULTATION PROCEDURE 
 
Article 2 
 
Member States shall inform the Commission if trends in imports appear to call for surveillance or safeguard measures. This information shall contain the evidence available, as determined on the 
basis of the criteria laid down in Article 9. The Commission shall immediately pass this information 
on to all the Member States. 
 
Article 3 
 
1.  The Commission shall be assisted by a Co mmittee on Safeguards. That Committee shall be a 
committee within the meaning of Regulation (EU) No 182/2011. 
 
2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 
 
3.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.  
4.  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in 
conjunction with Article 5 thereof, shall apply.  
5.  Pursuant to Article 3(5) of Regulation (EU) No 182/2011, where recourse is made to the written 
procedure for adopting definitive measures pursuant to Article 16 of this Regulation, such procedure shall be terminated without result where,  within the time-limit set down by the chair, 
the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation 
(EU) No 182/2011 so request. Where recourse is made to the written procedure in other instances where there has been a discussion of the draft me asure in the Committee, that procedure shall be 
terminated without result where, within the time-l imit set down by the chair, the chair so decides 
or a simple majority of committee members so re quest. Where recourse is made to the written 
procedure in other instances where there has not been a discussion of the draft measure in the Committee, that procedure shall be terminated wi thout result where, within the time-limit set 
down by the chair, the chair so decides or at least a quarter of committee members so request.  
 
                                               
1 Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain 
third countries (OJ L 185, 17.7.2009, p. 1).  G/SG/N/1/EU/2 
 
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  CHAPTER III 
 
UNION INVESTIGATION PROCEDURE 
 
Article 4 
 1.  Without prejudice to Article 7, the Union investigation procedure shall be implemented before 
any safeguard measure is applied. 
 2.  Using as a basis the factors referred to in Article 9, the investigation shall seek to determine whether imports of the product in question are causing or threatening to cause serious injury to 
the Union producers concerned. 
 3.  The following definitions shall apply: 
 
(a) ‘serious injury’ means a significant overall impairment in the position of Union producers;  
(b) ‘threat of serious injury’ means serious injury that is clearly imminent; 
 (c) ‘Union producers’ means the producers as a whole of like or directly competing products 
operating within the territory of the Union, or those whose collective output of like or directly 
competing products constitutes a major proportion of the total Union production of those products.  
 
Article 5 
 
1.  Where it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation, the Commission shall initiate an investigation within 1 month of the date of 
receipt of information from a Member State and publish a notice in the Official Journal of the 
European Union. That notice shall:  (a) give a summary of the information received, and require that all relevant information is to be 
communicated to the Commission; 
 (b) state the period within which interested parties may make known their views in writing and 
submit information, if such views and information are to be taken into account during the 
investigation;  
(c) state the period within which interested parties may apply to be heard orally by the 
Commission in accordance with paragraph 4.  The Commission shall commence the investigation, acting in cooperation with the Member States.  
 
The Commission shall provide information to the Member States concerning its analysis of the information normally within 21 days of the date on which the information is provided to the 
Commission. 
 2.  The Commission shall seek all information it deems necessary and, where it considers it 
appropriate, after having informed the Member States, endeavour to check that information with 
importers, traders, agents, producers, trade associations and organisations.  The Commission shall be assisted in this task by staff of the Member State on whose territory 
those checks are being carried out, provided that that Member State so wishes. 
 3.  The Member States shall supply the Commission, at its request and following procedures laid 
down by it, with the information at their disposal  on developments in the market of the product 
being investigated.  
4.  Interested parties which have come forward pursuant to the first subparagraph of paragraph 1 
and representatives of the exporting country may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the authorities of the Union or its Member States, provided that that G/SG/N/1/EU/2 
 
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  information is relevant to the presentation of their case and not confidential within the meaning of 
Article 8 and that it is used by the Commission in the investigation.  Interested parties which have come forward may communicate their views on the information in 
question to the Commission. Those views may be taken into consideration where they are backed 
by sufficient evidence.  
5.  The Commission may hear the interested parties. Such parties must be heard where they have 
made a written application within the period laid down in the notice published in the Official 
Journal of the European Union , showing that they are actually likely to be affected by the outcome 
of the investigation and that there are special reasons for them to be heard orally. 
 
6.  When information is not supplied within the time limits set by this Regulation or by the Commission pursuant to this Regulation, or the investigation is significantly impeded, findings may 
be made on the basis of the facts available. Wh ere the Commission finds that any interested party 
or third party has supplied it with false or misleading information, it shall disregard that information and may make use of facts available. 
 
7.  Where it appears to the Commission that there is insufficient evidence to justify an investigation, it shall inform the Member States of its decision within 1 month of the date of receipt of the information from the Member States. 
 
Article 6 
 
1.  At the end of the investigation, the Commission shall submit a report on the results to the 
Committee.  
2.  Where the Commission considers, within 9 months of the initiation of the investigation, that no 
Union surveillance or safeguard measures are necessary, the investigation shall be terminated within a month. The Commission shall terminate the investigation in accordance with the advisory procedure referred to in Article 3(2). 
 
3.  If the Commission considers that Union surveillance or safeguard measures are necessary, it shall take the necessary decisions in accordance with Chapters IV and V, no later than 9 months 
from the initiation of the investigation. In exceptional circumstances, this time limit may be 
extended by a further maximum period of 2 months; the Commission shall then publish a notice in the Official Journal of the European Union setting forth the duration of the extension and a 
summary of the reasons therefor. 
 
Article 7 
 
1.  The provisions of this Chapter shall not preclu de the use, at any time, of surveillance measures 
in accordance with Articles 10 to 14 or provisional safeguard measures in accordance with Articles 15, 16 and 17. 
 
Provisional safeguard measures shall be applied:  
(a) in critical circumstances where delay would cause damage which would be difficult to repair, 
making immediate action necessary; and  (b) where a preliminary determination provides clear evidence that increased imports have caused 
or are threatening to cause serious injury. 
 The duration of such measures shall not exceed 200 days. 
 
2.  Provisional safeguard measures shall take the form of an increase in the existing level of customs duty, whether the latter is zero or higher, if such action is likely to prevent or repair the 
serious injury. 
 3.  The Commission shall immediately conduct whatever investigation measures are still necessary. 
 G/SG/N/1/EU/2 
 
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  4.  Should the provisional safeguard measures be repealed because no serious injury or threat of 
serious injury exists, the customs duties collected as a result of the provisional measures shall be automatically refunded as soon as possible. The procedure laid down in Article 235 et seq. of Council Regulation (EEC) No 2913/92
1 shall apply. 
 
Article 8 
 
1.  Information received pursuant to this Regulation shall be used only for the purpose for which it 
was requested.  2.  The Commission and the Member States, includin g the officials of either, shall not reveal any 
information of a confidential nature received pursuant to this Regulation, or any information 
provided on a confidential basis, without specific permission from the supplier of such information. 
 
3.  Each request for confidentiality shall state the reasons why the information is confidential.  
 However, if it appears that a request for confidentiality is unjustified and if the supplier of the 
information wishes neither to make it public nor to authorise its disclosure in general terms or in 
the form of a summary, the informat ion concerned may be disregarded. 
 4.  Information shall in any case be considered to be confidential if its disclosure is likely to have a 
significantly adverse effect upon the supplier or the source of such information.  
 5.  Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information 
and in particular to reasons on which decisions ta ken pursuant to this Regulation are based. Those 
authorities shall, however, take into account the legitimate interest of legal and natural persons concerned that their business secrets should not be divulged. 
 
Article 9 
 1.  Examination of the trend in imports, of the conditions in which they take place and of serious 
injury or threat of serious injury to Union producers resulting from such imports shall cover in 
particular the following factors:  
(a) the volume of imports, in particular where there has been a significant increase, either in 
absolute terms or relative to production or consumption in the Union;  
(b) the price of imports, in particular where th ere has been a significant price undercutting as 
compared with the price of a like product in the Union;  (c) the consequent impact on Union producers as indicated by trends in certain economic factors 
such as: 
 - production, 
- capacity utilisation, 
- stocks, - sales, 
- market share, 
- prices (i.e. depression of prices or preventi on of price increases which would normally have 
occurred), - profits, 
- return on capital employed, 
- cash flow, - employment; 
 
(d) factors other than trends in imports which are causing or may have caused injury to the Union producers concerned. 
 
                                               
1 Council Regulation (EEC) No 2913/92 of 12 Octo ber 1992 establishing the Community Customs 
Code (OJ L 302, 19.10.1992, p. 1).  G/SG/N/1/EU/2 
 
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  2.  Where a threat of serious injury is alleged, the Commission shall also examine whether it is 
clearly foreseeable that a particular situation is likely to develop into actual injury.  In this regard account may be taken of factors such as: 
 
(a) the rate of increase of the exports to the Union;  
(b) the export capacity in the country of origin or export, as it stands or is likely to be in the 
foreseeable future, and the likelihood that that capacity will be used to export to the Union.   
CHAPTER IV 
 
SURVEILLANCE 
 
Article 10 
 1.  Where the trend in imports of a product or iginating in a third country covered by this 
Regulation threatens to cause injury to Union producers, and where the interests of the Union so 
require, import of that product may be subject, as appropriate, to:  (a) retrospective Union surveillance carried out in accordance with the provisions laid down in the 
decision referred to in paragraph 2; 
 (b) prior Union surveillance carried out in accordance with Article 11. 
 
2.  The decision to impose surveillance shall be taken by the Commission by means of implementing acts in accordance with the advisory procedure referred to in Article 3(2).  
 
3.  The surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second 6-month period following the 6 months in which the measures were introduced. 
 
Article 11 
 
1.  Products under prior Union surveillance may be put into free circulation only on production of a 
surveillance document. Such document shall be issued by the competent authority designated by Member States, free of charge, for any quantity requested and within a maximum of 5 working 
days of receipt by the national competent authority of an application by any Union importer, 
regardless of his place of business in the Union. This application shall be deemed to have been received by the national competent authority no later than 3 working days after submission, unless it is proved otherwise. 
 
2.  The surveillance document shall be made out on a form corresponding to the model in Annex I. 
 
Except where the decision to impose surveillance pr ovides otherwise, the importer's application for 
surveillance documents shall contain only the following:  
(a) the full name and address of the applicant (including telephone and fax numbers and any 
number identifying the applicant to the competent national authority), plus the applicant's VAT registration number if he is liable for VAT;  
(b) where appropriate, the full name and addre ss of the declarant or of any representative 
appointed by the applicant (including telephone and fax numbers);  
(c) a description of the goods giving their: 
 - trade name, 
- combined nomenclature code,  
- place of origin and place of consignment;  (d) the quantity declared, in kilograms and, wher e appropriate, any other additional unit (pairs, 
items, etc.); G/SG/N/1/EU/2 
 
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(e) the value of the goods, cif at Union frontier, in euro;  (f) the following statement, dated and signed by th e applicant, with the applicant's name spelt out 
in capital letters: 
 
‘I, the undersigned, certify that the information provided in this application is true and 
given in good faith, and that I am established in the Union.’ 
3.  The surveillance document shall be valid thro ughout the Union, regardless of the Member State 
of issue.  
4. A finding that the unit price at which the transaction is effected exceeds that indicated in the 
surveillance document by less than 5% or that the total value or quantity of the products presented for import exceeds the value or quantity given in the surveillance document by less than 
5% shall not preclude the release for free circulation of the product in question. The Commission, 
having heard the opinions expressed in the Committee and taking account of the nature of the products and other special features of the transactions concerned, may fix a different percentage, 
which, however, should not normally exceed 10%. 
 5.  Surveillance documents may be used only for such time as arrangements for liberalisation of imports remain in force in respect of the transactions concerned. Such surveillance documents 
may not in any event be used beyond the expiry of  a period which shall be laid down at the same 
time and by means of the same procedure as the im position of surveillance, and shall take account 
of the nature of the products and other special features of the transactions. 
 
6.  Where the decision taken pursuant to Article 10 so requires, the origin of products under Union surveillance must be proved by a certificate of origin. This paragraph shall not affect other 
provisions concerning the production of any such certificate. 
 7.  Where the product under prior Union surveillanc e is subject to regional safeguard measures in 
a Member State, the import authorisation granted by that Member State may replace the 
surveillance document. 
 8.  Surveillance document forms and extracts th ereof shall be drawn up in duplicate, one copy, 
marked ‘Holder's copy’ and bearing the number 1, to  be issued to the applicant, and the other, 
marked ‘Copy for the competent authority’ and bearing the number 2, to be kept by the authority issuing the document. For administrative purposes the competent authority may add 
supplementary copies to form 2. 
 9.  Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing 
between 55 g and 65 g per square metre. Their size shall be 210 mm × 297 mm; the type space 
between the lines shall be 4,24 mm (one sixth of  an inch); the layout of the forms shall be 
followed precisely. Both sides of copy No 1, which is the surveillance document itself, shall in addition have a yellow printed guilloche pattern background so as to reveal any falsification by 
mechanical or chemical means. 
 10.  Member States shall be responsible for having the forms printed. The forms may also be 
printed by printers appointed by the Member Stat e in which they are established. In the latter 
case, reference to the appointment by the Member State must appear on each form. Each form shall bear an indication of the printer's name and address or a mark enabling the printer to be 
identified. 
 
Article 12 
 
Where the import of a product has not been ma de subject to prior Union surveillance, the 
Commission, in accordance with Article 17, may introduce surveillance confined to imports into one or more regions of the Union. The Commission shall provide information to the Member States 
once it decides to introduce surveillance. 
 G/SG/N/1/EU/2 
 
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  Article 13 
 1.  Products under regional surveillance may be put into free circulation in the region concerned only on production of a surveillance document. Such document shall be issued by the competent 
authority designated by the Member State (s) concerned, free of charge, for any quantity 
requested and within a maximum of 5 working days of receipt by the national competent authority 
of an application by any Union importer, regardless of his place of business in the Union. This 
application shall be deemed to have been received by the national competent authority no later 
than 3 working days after submission, unless it is  proved otherwise. Surveillance documents may 
b e  u s e d  o n l y  f o r  s u c h  t i m e  a s  a r r a n g e m e n t s  f o r imports remain liberalised in respect of the 
transactions concerned. 
 
2.  Article 11(2) shall apply.  
Article 14 
 1.  Member States shall communicate to the Commission within the first 10 days of each month in 
the case of Union or regional surveillance: 
 (a) in the case of prior surveillance, details of the sums of money (calculated on the basis of cif prices) and quantities of goods in respect of whic h surveillance documents were issued during the 
preceding period; 
 (b) in every case, details of imports during the period preceding the period referred to in point (a). 
 
The information supplied by Member States shall be broken down by product and by country.  
 
Different provisions may be laid down at the same time and by the same procedure as the 
surveillance arrangements.  2.  Where the nature of the products or special circumstances so require, the Commission may, at 
the request of a Member State or on its own init iative, amend the timetables for submitting this 
information.  
3.  The Commission shall inform the Member States accordingly.  
 
CHAPTER V 
 
SAFEGUARD MEASURES 
 
Article 15 
 
1.  Where a product is imported into the Union in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to Union producers, the 
Commission, in order to safeguard the interests of the Union, may, acting at the request of a 
Member State or on its own initiative:  
(a) limit the period of validity of surveillance documents within the meaning of Article 11 to be 
issued after the entry into force of this measure;  (b) alter the import rules for the product in question by making its release for free circulation 
conditional on production of an import authorisation, the granting of which shall be governed by 
such provisions and subject to such limits as the Commission shall lay down.  
The measures referred to in points (a) and (b) shall take effect immediately. 
 2.  As regards members of the WTO, the measures referred to in paragraph 1 shall be taken only 
when the two conditions indicated in the first subparagraph of that paragraph are met.  
 3.  If establishing a quota, account shall be taken in particular of:  
(a) the desirability of maintaining, as far as possible, traditional trade flows; G/SG/N/1/EU/2 
 
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  (b) the volume of goods exported under contracts concluded on normal terms and conditions 
before the entry into force of a safeguard measure within the meaning of this Chapter, where such contracts have been notified to the Commission by the Member State concerned;  
(c) the need to avoid jeopardising the achievemen t of the aim pursued in establishing the quota. 
 Any quota shall not be set lower than the average level of imports over the last 3 representative 
years for which statistics are available unless a different level is necessary to prevent or remedy 
serious injury.  4.  In cases in which a quota is allocated among supplier countries, allocation may be agreed with 
those of them having a substantial interest in supplying the product concerned for import into the 
Union.  
Failing this, the quota shall be allocated among the supplier countries in proportion to their share 
of imports into the Union of the product concerne d during a previous representative period, due 
account being taken of any specific factors which may have affected or may be affecting the trade 
in the product. 
 Provided that its obligation to see that consultations are conducted under the auspices of the WTO Committee on Safeguards is not disregarded, the Union may nevertheless depart from this method 
of allocation in the case of serious injury if imports originating in one or more supplier countries 
have increased in disproportionate percentage in relation to the total increase of imports of the product concerned over a previous representative period. 
 
5.  The measures referred to in this Article shall apply to every product which is put into free circulation after their entry into force. In accordance with Article 17 they may be confined to one 
or more regions of the Union. 
 However, such measures shall not prevent the rele ase for free circulation of products already on 
their way to the Union provided that the destination of such products cannot be changed and that 
those products which, pursuant to Articles 10 and 11, may be put into free circulation only on 
production of a surveillance document are in fact accompanied by such a document.  
6.  Where intervention by the Commission has been requested by a Member State, the 
Commission, acting in accordance with the examination procedure referred to in Article 3(3), or, in cases of urgency, in accordance with Article 3( 4), shall take a decision within a maximum of 5 
working days of the date of receipt of such a request. 
 
Article 16 
 
Where the interests of the Union so require, the Commission, acting in accordance with the 
examination procedure referred to in Article 3(3) and the terms of Chapter III, may adopt 
appropriate measures to prevent a product being im ported into the Union in such greatly increased 
quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to 
Union producers of like or directly competing products.  
Article 15(2) to (5) shall apply. 
 
Article 17 
 
Where it emerges, primarily on the basis of the factors referred to in Article 9, that the conditions 
laid down for the adoption of measures pursuant to Articles 10 and 15 are met in one or more regions of the Union, the Commission, after having examined alternative solutions, may 
exceptionally authorise the application of surveillance or safeguard measures limited to the 
region(s) concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Union. 
 
These measures must be temporary and must disrup t the operation of the internal market as little 
as possible.  
The measures shall be adopted in accordance with the provisions laid down in Articles 10 and 15. G/SG/N/1/EU/2 
 
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  Article 18 
 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 Union 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 Union imports of the product concerned.  
Article 19 
 1.  The duration of safeguard measures must be limited to the period of time necessary to prevent or remedy serious injury and to facilitate adjustme nt on the part of Union producers. The period 
must not exceed 4 years, including the duration of any provisional measure.  
 2.  Such initial period may be extended, except in the case of the measures referred to in the third 
subparagraph of Article 15(4) provided it is determined that: 
 (a) the safeguard measure continues to be necessary to prevent or remedy serious injury;  
 
(b) there is evidence that Union producers are adjusting.  3.  Extensions shall be adopted in accordance with the terms of Chapter III and using the same 
procedures as the initial measures. A measure so extended shall not be more restrictive than it 
was at the end of the initial period.  
4.  If the duration of the measure exceeds 1 ye ar, the measure must be progressively liberalised 
at regular intervals during the period of application, including the period of extension.  
5.  The total period of application of a safeguard measure, including the period of application of 
any provisional measures, the initial period of application and any prorogation thereof, may not exceed 8 years.  
Article 20 
 1.  While any surveillance or safeguard measure appl ied in accordance with Chapters IV and V is in 
operation, the Commission may, either at the request of a Member State or on its own initiative, 
and no later than the mid-point of the period of application of measures of a duration exceeding 
3 years: 
 
(a) examine the effects of the measure;  (b) determine whether and in what manner it is appropriate to accelerate the pace of 
liberalisation; 
 (c) ascertain whether application of the measure is still necessary. 
 
Where the Commission considers that the applicatio n of the measure is still necessary, it shall 
inform the Member States accordingly. 
 
2.  Where the Commission considers that any surveillance or safeguard measure referred to in Articles 10, 12, 15, 16 and 17 should be revoked or amended, it shall, acting in accordance with the examination procedure referred to in Article 3(3), revoke or amend the measure.  
 
Where the decision relates to regional surveillance measures, it shall apply from the sixth day following that of its publication in the Official Journal of the European Union . 
 
Article 21 
 
1.  Where imports of a product have already been subject to a safeguard measure, no further 
measure shall be applied to that product until a period equal to the duration of the previous measure has elapsed. Such period shall not be less than 2 years.  G/SG/N/1/EU/2 
 
- 14 - 
 
  2.  Notwithstanding paragraph 1, a safeguard measure of 180 days or less may be re-imposed for 
a product if:  (a) at least 1 year has elapsed since the date of introduction of a safeguard measure on the import 
of that product; and 
 (b) such a safeguard measure has not been applied to the same product more than twice in the 5-
year period immediately preceding the date of introduction of the measure. 
 
CHAPTER VI 
 
FINAL PROVISIONS 
 
Article 22 
 
Where the interests of the Union so require, the Commission, acting in accordance with the examination procedure referred to in Article 3(3), may adopt appropriate measures implementing 
legislative acts to allow the rights and obligations of the Union or of all the Member States, in 
particular those relating to trade in commodities, to be exercised and fulfilled at international level.  
Article 23 
 
The Commission shall include information on the implementation of this Regulation in its annual report on the application and implementation of trade defence measures presented to the 
European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC) No 
1225/2009.
1 
 
Article 24 
 1.  This Regulation shall not preclude the fulfilment of obligations arising from special rules contained in agreements concluded between the Union and third countries. 
 
2.  Without prejudice to other Union provisions, th is Regulation shall not preclude the adoption or 
application by Member States of: 
 
(a) prohibitions, quantitative restrictions or surveillance measures on grounds of public morality, public policy or public security, the protection of  health and life of humans, animals or plants, the 
protection of national treasures possessing artistic, historic or archaeological value, or the 
protection of industrial and commercial property;  (b) special formalities concerning foreign exchange; 
 
(c) formalities introduced pursuant to internationa l agreements in accordance with the Treaty on 
the Functioning of the European Union. 
 
The Member States shall inform the Commission of the measures or formalities they intend to introduce or amend in accordance with the first subparagraph. 
 
In the event of extreme urgency, the national measures or formalities in question shall be 
communicated to the Commission immediately upon their adoption.  
Article 25 
 1.  This Regulation shall be without prejudice to  the operation of the instruments establishing the 
common organisation of agricultural markets or of Union or national administrative provisions 
derived therefrom or of the specific instruments applicable to goods resulting from the processing of agricultural products. It shall operate by  way of complement to those instruments. 
 
                                               
1 Council Regulation (EC) No 1225/2009 of 30 No vember 2009 on protecti on against dumped 
imports from countries not members of the Eu ropean Community (OJ L 343, 22.12.2009, p. 51).  G/SG/N/1/EU/2 
 
- 15 - 
 
  2.  In the case of products covered by the instru ments referred to in paragraph 1, Articles 10 to 14 
and Article 21 shall not apply to those in respect of which the Union rules on trade with third countries require the production of a licence or other import document.  
Articles 15, 17 and 20 to 24 shall not apply to those products in respect of which such rules 
provide for the application of quantitative import restrictions.  
Article 26 
 Regulation (EC) No 260/2009 is repealed.  
References to the repealed Regulation shall be cons trued as references to this Regulation and shall 
be read in accordance with the correlation table in Annex III.  
Article 27 
 This Regulation shall enter into force on the twentieth day following that of its publication in the 
Official Journal of the European Union . 
   
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
 
Done at Strasbourg, 11 March 2015. 
 
 
 
 For the European Parliament For the Council 
 The President The President 
 M. SCHULZ Z. KALNI ŅA-LUKAŠEVICA 
 G/SG/N/1/EU/2 
 
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  ANNEX I 
  
 EUROPEAN UNION SURVEILLANCE DOCUMENT 
1 1. Consignee 
  (name, full address,  country, VAT number) 2. Issue number  
  Holder's copy 3. Proposed place and date of import 
  
4. Authority respon sible for issue  
  (name, address and telephone No)   
5. Declarant/representative as applicable  
  (name and full address) 6. Country of origin  
  
 (and geonomenclature code)  
7. Country of consignment  
  
 (and geonomenclature code)  
1 8. Last day of validity  
  
 9. Description of goods 
  
 
    10. CN code and category 
 
 11. Quantity in kilograms (net 
mass) or in additional sets 
 
 12. Value in euro, cif at Union  
frontier 
 
 13. Additional remarks 
      
 14. Competent authority's endorsement 
  Date: …………………………………………………..   Signature: ……………………………………………   (Stamp) 
  
 
  G/SG/N/1/EU/2 
 
- 17 - 
 
   
15. ATTRIBUTIONS 
  Indicate the quantity available in part 1 of colu mn 17 and the quantity attributed in part 2 therof 
 
16. Net quantity  (net mass or other unit of 
measure stating the unit) 19. Customs document 
(form and number)  
or extract No and date of attribution  20. Name, Member 
State, stamp and signature of the attributing authority  
17. In figures  18. In words for the 
quantity attributed    
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
Extension pages to be attached hereto. G/SG/N/1/EU/2 
 
- 18 - 
 
   
  
 
 EUROPEAN UNION SURVEILLANCE DOCUMENT 
2 1. Consignee 
  (name, full address,  country, VAT number) 2. Issue number  
  Copy for the competent authority 3. Proposed place and date of import 
  
4. Authority respon sible for issue  
  (name, address and telephone No)   
5. Declarant/representative as applicable  
  (name and full address) 6. Country of origin  
  
 (and geonomenclature code)  
7. Country of consignment  
  
 (and geonomenclature code)  
2 8. Last day of validity  
  
 9. Description of goods 
  
 
    10. CN code and category 
 
 11. Quantity in kilograms (net 
mass) or in additional sets 
 
 12. Value in euro, cif at Union  
frontier 
 
 13. Additional remarks 
      
 14. Competent authority's endorsement 
  Date: …………………………………………………..   Signature: ……………………………………………   (Stamp) 
  G/SG/N/1/EU/2 
 
- 19 - 
 
   
15. ATTRIBUTIONS 
  Indicate the quantity available in part 1 of colu mn 17 and the quantity attributed in part 2 therof 
 
16. Net quantity  (net mass or other unit of 
measure stating the unit) 19. Customs document 
(form and number)  
or extract No and date of attribution  20. Name, Member 
State, stamp and signature of the attributing authority  
17. In figures  18. In words for the 
quantity attributed    
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
1.     
2.     
Extension pages to be attached hereto. 
 
 G/SG/N/1/EU/2 
 
- 20 - 
 
  ANNEX II 
 
REPEALED REGULATION WITH THE AMENDMENT THERETO 
 
Council Regulation (EC) No 260/2009 
(OJ L 84, 31.3.2009, p. 1). 
 
Regulation (EU) No 37/2014 of the European Parliament Only point 19 of the Annex 
and of the Council (OJ L 18, 21.1.2014, p. 1). G/SG/N/1/EU/2 
 
- 21 - 
 
  ANNEX III 
 
CORRELATION TABLE 
 
Regulation (EC) No 260/2009 This Regulation 
Article 1 
Article 2 Article 4 
Article 5 
Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 
Article 20 
Article 21 Article 22 Article 23 Article 23a Article 24 to 27 Annex I Annex II Annex III Article 1 
Article 2 Article 3 
Article 4 
Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 
Article 19 
Article 20 Article 21 Article 22 Article 23 Article 24 to 27 Annex I Annex II Annex III 
 
 
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