Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States on the one hand, and Central America on the other
Date: 2011-10-03
Institutions: European Commission
Subjects: Central America, import (EU), protective clause, trade agreement (EU), tropical fruit

EUROPEAN COMMISSION 

Brussels, 3.10.2011 
COM(2011) 599 final 

2011/0263 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Implementing the bilateral safeguard clause and the stabilisation mechanism for 
bananas of the Agreement establishing an Association between the European Union and 
its Member States on the one hand, and Central America on the other 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Grounds for and objectives of the proposal 

This proposal concerns the incorporation in the European Union law of the safeguard clause 
and  the  Stabilisation  Mechanism  foreseen  in  the  Association  Agreement  with  Central 
America. 

General context 

On 23 April 2007 the Council authorised the Commission  to open negotiations with certain 
countries  of  Central  America,  which  resulted  in  a  Association  Agreement  with  Central 
America. The Agreement was initialled on 22 March 2011. 

The  agreement  includes  a  bilateral  safeguard  clause  that  provides  for  the  possibility  to  re-
instate  the  MFN  customs  duty  rate  when,  as  a  result  of  a  trade  liberalisation,  imports  take 
place in such increased quantities and under such conditions as to cause (or threaten to cause) 
serious injury to the Union Industry producing the like or directly competitive product. 

Furthermore,  the  agreement  also  incorporates  a  Stabilisation  Mechanism  for  Bananas 
according to which, until 1 January 2020, preferential customs duties can be suspended when 
a certain annual import volume is reached. 

In  order  for  these  measures  to  be  operational,  the  safeguard  clause  and  the  Stabilisation 
Mechanism  should  be  incorporated  in  European  Union  law,  and  the  procedural  aspects  of 
their application as well as the rights of interested parties need to be specified. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

This  proposal  for  an  implementing  Regulation  is  directly  derived  from  the  text  of  the 
Agreement  negotiated  with  Central  America.  Consequently,  no  separate  consultation  with 
interested  parties  nor  any  impact  assessment  is  necessary.  It  is  largely  based  on  existing 
implementing regulations.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Summary of the proposed action 

The  attached  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council 
constitutes  the  legal  instrument  for  the  implementation  of  the  safeguard  clause  and  the 
Stabilisation Mechanism of the EU- Central America Association Agreement. 

Legal basis 

Article 207(2) of the Treaty on the Functioning of the European Union. 

2011/0263 (COD) 

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Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

Implementing the bilateral safeguard clause and the stabilisation mechanism for 
bananas of the Agreement establishing an Association between the European Union and 
its Member States on the one hand, and Central America on the other 

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, 

Acting in accordance with the ordinary legislative procedure1, 

Whereas:  

On  23  April  2007  the  Council  authorised  the  Commission  to  open  negotiations  with 
certain  countries  of  Central  America  ("Central  America")  for  an  Agreement 
establishing an Association between the European Union and its Member States on the 
one hand, and Central America on the other ("the Agreement") on behalf of the Union 
and its Member States. 

Those  negotiations  have  been  concluded  and  the  Agreement  was  initialled  on  22 
March  2011  and,  in  accordance  with  Council  Decision  No  …/2011/EU  of  …2  the 
Agreement  was  signed  on  behalf  of  the  European  Union  on  …,  subject  to  its 
conclusion  at  a  later  date.  On  (…),  the  Agreement  obtained  the  consent  of  the 
European Parliament. Thereafter, the Council adopted Council Decision No…/2011 of 
… 3on the conclusion of the Agreement. 

It  is  necessary  to  lay  down  the  procedures  for  applying  certain  provisions  of  the 
Agreement  which  concern  the  bilateral  safeguard  clause  and  for  applying  the 
Stabilisation Mechanism for Bananas that has been agreed with Central America  

The terms "serious injury", "threat of serious injury" and "transition period" as referred 
to in Articles 104 and 105 of the Agreement should be defined. 

Position of the European Parliament of 17 February 2011 (not yet published in the Official Journal) and 
decision of the Council of .... 

(1) 

(2) 

(3) 

(4) 

1 

2 
3 

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(5) 

(6) 

(7) 

(8) 

(9) 

Safeguard measures should be considered only if the product in question is imported 
into  the Union  in  such  increased  quantities,  in  absolute  terms  or  relative  to  Union 
production, and under such conditions as to cause, or threaten to cause, serious injury 
to Union producers of like or directly competitive products as laid down in Article 104 
of the Agreement. 

Safeguard  measures  should  take  one  of  the  forms  referred  to  in  Article  104(2)  of 
the Agreement. 

The  tasks  of  carrying  out  investigations  and,  if  necessary,  imposing  safeguard 
measures should be carried out in the most transparent manner possible. 

There should be detailed provisions on the initiation of proceedings. The Commission 
should  receive  information  including  available  evidence  from  the  Member States  of 
any trends in imports which might call for the application of safeguard measures. 

If  there  is  sufficient  prima  facie  evidence  to  justify  the  initiation  of  a  proceeding 
the Commission  should  publish  a  notice  as  provided  for  in  Article  111(3)  of  the 
Agreement in the Official Journal of the European Union. 

(10)  There  should  be  detailed  provisions  on  the  initiation  of  investigations,  access  to  and 
inspections  by  interested  parties  of  the  information  gathered,  hearings  for  the  parties 
involved and the opportunities for those parties to submit their views as provided for 
in Article 111(3) of the Agreement. 

(11)  The  Commission  should  notify  Central  America  in  writing  of  the  initiation  of  an 
investigation and notify the results of the investigations to the Association Committee 
as provided for in Article 116 of the Agreement. 

(12) 

It  is  also  necessary,  pursuant  to  112  of  the  Agreement,  to  set  time  limits  for  the 
initiation  of  investigations  and  for  determinations  as  to  whether  or  not  measures  are 
appropriate,  with  a  view  to  ensuring  that  such  determinations  are  made  quickly,  in 
order to increase legal certainty for the economic operators concerned. 

(13)  An investigation should precede the application of any safeguard measure, subject to 
the Commission being allowed to apply provisional measures in critical circumstances 
as referred to in Article 106 of the Agreement. 

(14)  Safeguard measures should be applied only to the extent, and for such time, as may be 
necessary  to  prevent  serious  injury  and  to  facilitate  adjustment.  The  maximum 
duration  of  safeguard  measures  should  be  determined  and  specific  provisions 
regarding extension and review of such measures should be laid down, as referred to 
in Article 105 of the Agreement. 

(15)  The  implementation  of  the  bilateral  safeguard  clause  of  the  Agreement  requires 
uniform conditions for the adoption of provisional and definitive safeguard measures, 
for  the  imposition  of  prior  surveillance  measures,  for  the  termination  of  an 
investigation  without  measures  and  for  suspending  temporarily  the  preferential 
customs duty established under the Stabilisation Mechanism for Bananas that has been 
agreed with Central America. Those measures should be adopted by the Commission 
in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 
the  Council  of 16 February  2011  laying  down  the  rules  and  general  principles 

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concerning mechanisms for control by Member States of the Commission's exercise of 
implementing powers4. 

(16) 

It is appropriate that the advisory procedure be used for the adoption of surveillance 
and provisional measures given the effects of those 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 
applicable 
provisional measures. 

the  Commission 

immediately 

adopt 

allow 

to 

to 

(17)  This Regulation should apply only to products originating in the Union or in Central 

America, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I - SAFEGUARD PROVISION 

Article 1 

Definitions 

For the purposes of this Regulation: 

(a) 

(b) 

(c) 

(d) 

(e) 

"products" means goods originating in the Union or in a Central American country. 
A product subject to an investigation may cover one or several tariff lines or a sub-
segment  thereof  depending  on  the  specific  market  circumstances,  or  any  product 
segmentation commonly applied in the Union industry; 

"interested parties" means parties affected by the imports of the product in question; 

"Union  industry"  means  the  Union  producers  as  a  whole  of  the  like  or  directly 
competitive  products,  operating  within  the  territory  of  the  Union,  or  those  Union 
producers  whose  collective  output  of  the  like  or  directly  competitive  products 
constitutes  a  major  proportion  of  the  total  Union  production  of  those  products.  In 
cases where the like or directly competitive product is only one of several products 
that are made by the producers constituting the Union industry, the industry shall be 
defined  as  the  specific  operations  that  are  involved  in  the  production  of  the  like  or 
directly competitive product; 

"serious  injury"  means  a  significant  overall  impairment  in  the  position  of 
Union producers; 

"threat  of  serious  injury"  means  serious  injury  that  is  clearly  imminent.  A 
determination  of  the  existence  of  a  threat  of  serious  injury  shall  be  based  on 
verifiable  facts  and  not  merely  on  allegation,  conjecture  or  remote  possibility. 
Forecasts, estimations and analyses made on the basis of factors referred to in Article 
4(5), should, inter alia, be taken into account in order to determine the existence of a 
threat of serious injury; 

4 

OJ L 55, 28.2.2011, p. 13. 

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(f) 

"transition period" means 10 years from the date of application of the Agreement for 
any  product  for  which  the  Tariff  Elimination  Schedule  provides  for  a  tariff 
elimination  period  of  less  than  10  years.  For  the  products  for  which  the  Tariff 
Elimination  Schedule  provides  for  a  tariff  elimination  period  of  10  or  more  years, 
"transition period" means the tariff elimination period for the product set out in that 
Schedule, plus 3 years. 

(g) 

"Central  American  country"  means  Costa  Rica,  El  Salvador,  Guatemala,  Honduras, 
Nicaragua or Panamá. 

Article 2 

Principles 

1. 

A  safeguard  measure  may  be  imposed  in  accordance  with  this  Regulation  where  a 
product originating in a Central American country is, as a result of the reduction or 
the elimination of the customs duties on that product, being imported into the Union 
in  such  increased  quantities,  in  absolute  terms  or  relative  to  Union  production,  and 
under  such  conditions  as  to  cause  or  threaten  to  cause  serious  injury  to  the  Union 
industry producing a like or directly competitive product. 

2. 

Safeguard measures may take one of the following forms: 

(a) 

a  suspension  of  further  reduction  of  the  rate  of  customs  duty  on  the  product 
concerned  provided  for  in  the  Schedule  of  the  EU  Party  set  out  in  Annex  I 
(Elimination of Customs Duties) to the Agreement; 

(b) 

an  increase  in  the  rate  of  customs  duty  on  the  product  concerned  to  a  level 
which does not exceed the lesser of: 

– 

– 

the  most-favoured-nation  ("MFN")  applied  rate  of  customs  duty  on  the 
product in effect at the time the measure is taken; or 

the MFN applied rate of customs duty on the product in effect on the day 
immediately preceding the date of entry into force of the Agreement. 

None of the above measures shall be applied within the limits of the preferential duty 
free tariff quotas granted by this Agreement. 

Article 3 

Initiation of proceedings 

An  investigation  shall  be  initiated  upon  request  by  a  Member  State,  by  any  legal 
person or any association not having legal personality, acting on behalf of the Union 
industry, or on the Commission's own initiative if it is apparent to the Commission 
that  there  is  sufficient  prima  facie  evidence,  as  determined  on  the  basis  of  factors 
referred to in Article 4(5), to justify such initiation. 

The request to initiate an investigation shall contain evidence that the conditions for 
imposing  the  safeguard  measure  set  out  in  Article  2(1)  are  met.  The  request  shall 
generally contain  the  following information: the rate  and amount  of  the increase in 

3. 

1. 

2. 

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3. 

4. 

5. 

imports  of  the  product  concerned  in  absolute  and  relative  terms,  the  share  of  the 
domestic  market  taken  by  increased  imports  and  changes  in  the  level  of  sales, 
production, productivity, capacity utilisation, profits and losses, and employment. 

An  investigation  may  also  be  initiated  in  the  event  that  there  is  a  surge  of  imports 
concentrated in one or several Member States, provided that there is sufficient prima 
facie evidence that the conditions for initiation are met, as determined on the basis of 
factors referred to in Article 4(5). 

A  Member  State  shall  inform  the  Commission  if  trends  in  imports  from  a  Central 
American  country  appear  to  call  for  safeguard  measures.  That  information  shall 
include  the  evidence  available  as  determined  on  the  basis  of  factors  referred  to  in 
Article 4(5). The Commission shall pass that information on to all Member States. 

Where it is apparent that there is sufficient prima facie evidence as determined on the 
basis  of  factors  referred  to  in  Article 4(5)  to  justify  the  initiation  of  a  proceeding 
the Commission shall publish a notice in the Official Journal of the European Union. 
Initiation  shall  take  place  within  one  month  of  the  request  or  information  received 
pursuant to paragraph 1. 

6. 

The notice referred to in paragraph 5 shall: 

(a)  give  a  summary  of  the  information  received,  and  require  that  all  relevant 

information 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 Article 4(9). 

Article 4 

The investigation 

1. 

2. 

3. 

Following  the  initiation  of  the  proceeding,  the  Commission  shall  commence  an 
investigation. The period as set out in paragraph 3 shall start on the day the decision 
the 
the 
initiate 
to 
European Union. 

the  Official  Journal  of 

is  published 

investigation 

in 

The  Commission  may  request  Member  States 
information  and 
Member States shall take whatever steps are necessary in order to give effect to any 
such request. If that information is of general interest and is not confidential within 
the meaning of Article 11, it shall be added to the non-confidential files as provided 
for in paragraph 8. 

to  supply 

The  investigation  shall,  whenever  possible,  be  concluded  within  six  months  of  its 
initiation.  That  time  limit  may  be  extended  by  a  further  period  of  three  months  in 
exceptional circumstances such as the involvement of an unusually high number of 
parties,  or  complex  market  situations.  The  Commission  shall  notify  all  interested 

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4. 

5. 

6. 

7. 

8. 

9. 

parties  of  any  such  extension  and  explain  the  reasons  which  have  led  to  this 
extension. 

The  Commission  shall  seek  all  information  it  considers  necessary  to  make  a 
determination  with  regard  to  the  conditions  set  out  in  Article  2(1),  and,  where  it 
considers it appropriate, endeavour to verify that information. 

In the investigation the Commission shall evaluate all relevant factors of an objective 
and  quantifiable  nature  having  a  bearing  on  the  situation  of  the  Union  industry,  in 
particular, the rate and amount of the increase in imports of the product concerned in 
absolute  and  relative  terms,  the  share  of  the  domestic  market  taken  by  increased 
imports  and  changes  in  the  level  of  sales,  production,  productivity,  capacity 
utilisation, profits and losses, and employment. This list is not exhaustive and other 
relevant  factors  may  also  be  taken  into  consideration  by  the  Commission  for  its 
determination  of  the  existence  of  serious  injury  or  threat  of  serious  injury,  such  as 
stocks,  prices,  return  on  capital  employed,  cash  flow,  and  other  factors  which  are 
causing or may have caused serious injury, or threaten to cause serious injury to the 
Union industry. 

Interested  parties  who  have  come  forward  pursuant  to  Article  3(6)(b)  and 
representatives  of  the  Central  American  country  concerned  may,  upon  written 
request, inspect all information made available to the Commission in connection with 
the investigation other than internal documents prepared by the Union authorities or 
those  of  the  Member  States,  provided  that  that  information  is  relevant  to  the 
presentation of their case and not confidential within the meaning of Article 11 and 
that  it  is  used  by  the  Commission  in  the  investigation.  Interested  parties  who  have 
come forward may communicate their views on the information to the Commission. 
Those  views  shall  be  taken  into  consideration  where  they  are  backed  by  sufficient 
prima facie evidence. 

The  Commission  shall  ensure  that  all  data  and  statistics  which  are  used  for  the 
investigation are available, comprehensible, transparent and verifiable. 

The  Commission  shall,  as  soon  as  the  necessary  technical  framework  is  in  place, 
ensure  password-protected  online  access  to  the  non-confidential  file  ("online 
platform"),  which  it  shall  manage  and  through  which  all  information  which  is 
relevant  and  is  not  confidential  within  the  meaning  of  Article 11  shall  be 
disseminated. Interested parties to the investigation as well as Member States and the 
European Parliament shall be granted access to this online platform. 

The Commission shall hear the interested parties, in particular 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. 

The  Commission  shall  hear  such  parties  on  further  occasions  if  there  are  special 
reasons for them to be heard again. 

10. 

When information is not supplied within the time limits set by the Commission, or 
the investigation is significantly impeded, findings may be made on the basis of the 

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facts available. Where 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 the facts available. 

11. 

The Commission shall notify the Central American country concerned in writing of 
the initiation of an investigation.  

Article 5 

Prior surveillance measures 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

Where the trend in imports of a product originating in a Central American country is 
such that it could lead to one of the situations referred to in Articles 2 and 3, imports 
of that product may be subject to prior surveillance measures. 

Prior surveillance measures shall be adopted by the Commission in accordance with 
the advisory procedure referred to in Article 12(2). 

Prior surveillance measures shall have a limited period of validity. Unless otherwise 
provided,  they  shall  cease  to  be  valid  at  the  end  of  the  second  six-month  period 
following the first six months after the measures were introduced. 

Article 6 

Imposition of provisional safeguard measures 

Provisional  safeguard  measures  shall  be  applied  in  critical  circumstances  where  a 
delay  would  cause  damage  which  would  be  difficult  to  repair,  pursuant  to  a 
preliminary determination on the basis of the factors referred to in Article 4(5) that 
there  is  sufficient  prima  facie  evidence  that  imports  of  a  product  originating  in  a 
Central American country have increased as the result of the reduction or elimination 
of  a  customs  duty  in  accordance  with  the  Tariff  Elimination  Schedule  of  the 
European  Union  set  out  in  Annex  I  (Elimination  of  Customs  Duties)  to  the 
Agreement,  and  such  imports  cause  serious  injury,  or  threat  thereof,  to  the  Union 
industry. 

Provisional  measures  shall  be  adopted  by  the  Commission  in  accordance  with  the 
advisory  procedure  referred  to  in  Article  12(2).  In  cases  of  imperative  grounds  of 
urgency, including the  case  referred  to  in paragraph 2, the Commission shall adopt 
immediately  applicable  provisional  safeguard  measures  in  accordance  with  the 
procedure referred to in Article 12(4). 

Where  a  Member  State  requests  immediate  intervention  by  the  Commission  and 
where  the  conditions  set  out  in  paragraph  1  are  met,  the  Commission  shall  take  a 
decision within five working days of receiving the request. 

Provisional measures shall be shall not apply for more than 200 days. 

Should  the  provisional  safeguard  measures  be  repealed  because  the  investigation 
shows  that  the  conditions  set  out  in  Article  2(1)  are  not  met,  any  customs  duty 
collected as a result of those provisional measures shall be refunded automatically. 

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5. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

4. 

The measures referred to in this Article shall apply to every product which is put into 
free circulation after their entry into force. However, such measures shall not prevent 
the  release  for  free  circulation  of  products  already  on  their  way  to  the  Union 
provided that the destination of such products cannot be changed. 

Termination of investigation and proceeding without measures 

Article 7 

Where the facts as finally established show that the conditions set out in Article 2(1) 
are not met, the Commission shall adopt a decision terminating the investigation and 
proceeding 
in 
Article 12(3). 

the  examination  procedure  referred 

in  accordance  with 

to 

The Commission shall make public, with due regard to the protection of confidential 
information within the meaning of Article 11, a report setting forth its findings and 
reasoned conclusions reached on all pertinent issues of fact and law. 

Article 8 

Imposition of definitive measures 

Where the facts as finally established show that the conditions set out in Article 2(1) 
are  met,  the  Commission  shall  refer  the  matter  to  the  Association  Committee  in 
accordance with Article 116 of the Agreement. Where no recommendation has been 
made  by  the  Association  Committee  or  no  other  satisfactory  solution  has  been 
reached  within  30  days  of  the  referral,  the  Commission  may  adopt  a  decision 
imposing  definitive  safeguard  measures  in  accordance  with  the  examination 
procedure referred to in Article 12(3). 

The Commission shall make public, with due regard to the protection of confidential 
information within the meaning of Article 11, a report containing a summary of the 
material facts and considerations relevant to the determination. 

Article 9 

Duration and review of safeguard measures 

A  safeguard  measure  shall  remain  in  force  only  for  such  period  of  time  as  may  be 
necessary to prevent or remedy the serious injury and to facilitate adjustment. That 
period shall not exceed two years, unless it is extended under paragraph 3. 

A safeguard measure shall remain in force, pending the outcome of the review under 
paragraph 3, during any extension period. 

The initial period of duration of a safeguard measure may exceptionally be extended 
by up to two years provided it is determined that the safeguard measure continues to 
be necessary to prevent or remedy serious injury and that there is evidence that the 
Union industry is adjusting. 

Any extension pursuant to paragraph 3 shall be preceded by an investigation upon a 
request by a Member State, by any legal person or any association not having legal 

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personality,  acting  on  behalf  of  the  Union  industry,  or  on  the  Commission's  own 
initiative if there is sufficient prima facie evidence that the conditions laid down in 
paragraph 3 are met, on the basis of factors referred to in Article 4(5). 

The initiation of an investigation shall be published in accordance with Article 3(5) 
and  3(6).  The  investigation  and  any  decision  regarding  an  extension  pursuant  to 
paragraph 3 shall be done in accordance with the provisions of Article 4, 7 and 8.  

The total duration of a safeguard measure may not exceed four years, including any 
provisional measure. 

A safeguard measure shall not be applied beyond the expiry of the transition period, 
except with the consent of the Central American country concerned.  

No safeguard measure shall be applied to the import of a product that has previously 
been subject to such a measure, unless a period of time equal to half of that during 
which the safeguard measure was applied for the immediately preceding period has 
elapsed. 

Article 10 

Outermost regions of the European Union 

Where  any  product  originating  in  a  Central American  country  is  being  imported  in 
such increased quantities and under such conditions as to cause or threaten to cause 
serious  deterioration  in  the  economic  situation  of  one  or  several  of  the  Union’s 
outermost region(s) referred to in Article 349 of the Treaty on the Functioning of the 
European  Union,  a  safeguard  measure  may  be  imposed,  in  accordance  with  the 
provisions set out in this chapter. 

Article 11 

Confidentiality 

Information received pursuant to this Regulation shall be used only for the purpose 
for which it was requested. 

Neither  information  of  a  confidential  nature  nor  any  information  provided  on  a 
confidential  basis  received  pursuant  to  this  Regulation  shall  be  disclosed  without 
specific permission from the supplier of such information. 

Each  request  for  confidentiality  shall  state  the  reasons  why  the  information  is 
confidential.  However,  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, 
and  if  it  appears  that  the  request  for  confidentiality  is  unjustified,  the  information 
concerned may be disregarded. 

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. 

6. 

7. 

8. 

1. 

1. 

2. 

3. 

4. 

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5. 

1. 

2. 

3. 

4. 

1. 

2. 

Paragraphs  1  to  4  shall  not  preclude  reference  by  the  Union  authorities  to  general 
information  and  in  particular  to  reasons  on  which  decisions  taken  pursuant  to  this 
Regulation  are  based.  Those  authorities  shall,  however,  take  into  account  the 
legitimate interest of natural and legal persons concerned that their business secrets 
should not be divulged. 

Article 12 

Committee procedure 

The  Commission  shall  be  assisted  by  the  Committee  established  by  Article  4(1)  of 
Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for 
imports5.  That  Committee  shall  be  a  Committee  within  the  meaning  of  Regulation 
(EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU) 
No 182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  8  of  Regulation  (EU) 
No 182/2011, in conjunction with Article 4 thereof, shall apply. 

CHAPTER II – STABILISATION MECHANISM FOR BANANAS 

Article 13 

Stabilisation Mechanism for Bananas 

For  bananas  originating  in  Central  America  under  heading  0803.00.19  of  the 
Combined  Nomenclature  (fresh  Bananas,  excluding  plantains)  and  listed  under 
category  "ST"  in  the  Schedule  of  the  EU  Party  set  out  in  Annex  I  (Elimination  of 
Customs  Duties)  to  the  Agreement,  a  stabilisation  mechanism  shall  apply  until  1 
January 2020.  

A  separate  annual  trigger  import  volume  is  set  for  imports  from  Central  American 
country for products mentioned in paragraph 1 as indicated in the table in the Annex 
to this Regulation. The importation of the products mentioned in paragraph 1 at the 
preferential  customs  duty  rate  shall,  in  addition  to  the  proof  of  origin  established 
under Annex III (Definition of the concept of "originating products" and methods of 
administrative  co-operation)  of  the  Agreement  with  Central  America,  be  subject  to 
the  presentation  of  an  export  certificate  issued  by  the  competent  authority  of  the 
Republic  of  the  Central  American  country  from  which  the  products  are  exported. 
Once  the  trigger  volume  is  met  during  the  corresponding  calendar  year,  the 
Commission  may,  in  accordance  with  the  examination  procedure  referred  to  in 
Article  12(3),  temporarily  suspend  the  preferential  customs  duty  during  that  same 

5 

OJ L 84, 31.3.2009, p. 1. 

EN 

12 

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year for a period of time not exceeding three months, and not going beyond the end 
of the calendar year. 

In case the Commission decides to suspend the preferential customs duty applicable, 
the Commission shall apply the lesser of the base rate of customs duty or the MFN 
rate of duty that in application at the time such action is taken. 

In case the Commission applies the actions mentioned in paragraphs 2 and 3, it shall 
immediately  enter  into  consultations  with  the  affected  country  to  analyse  and 
evaluate the situation on the basis of factual available data. 

The  measures  mentioned  in  paragraphs  2  and  3  may  be  applicable  only  during  the 
period ending on 31 December 2019. 

3. 

4. 

5. 

CHAPTER III - FINAL PROVISIONS 

Article 14 

Entry into force 

This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 

Official Journal of the European Union. 

It  shall  apply  from  the  date  of  application  of  the  Agreement  as  provided  for  in  Article  353 

thereof. A notice shall be published in the Official Journal of the European Union specifying 

the date of application of the Agreement. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

EN 

13 

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Annex 

Table regarding trigger import volumes for the application of the Stabilisation 
mechanism for bananas provided for in Appendix 3 of Annex I to the Agreement. 

Trigger import volume, in tonnes  

Year 

Until 31 December 
2010 

Costa Rica 

Panama 

Honduras 

Guatemala 

Nicaragua 

El Salvador 

1 025 000 

375 000 

50 000 

50 000 

10 000 

2 000 

1.1-31.12.2011 

1 076 250 

393 750 

52 500 

52 500 

10 500 

2 100 

1.1-31.12.2012 

1 127 500 

412 500 

55 000 

55 000 

11 000 

2 200 

1.1-31.12.2013 

1 178 750 

431 250 

57 500 

57 500 

11 500 

2 300 

1.1-31.12.2014 

1 230 000 

450 000 

60 000 

60 000 

12 000 

2 400 

1.1-31.12.2015 

1 281 250 

468 750 

62 500 

62 500 

12 500 

2 500 

1.1-31.12.2016 

1 332 500 

487 500 

65 000 

65 000 

13 000 

2 600 

1.1-31.12.2017 

1 383 750 

506 250 

67 500 

67 500 

13 500 

2 700 

1.1-31.12.2018 

1 435 000 

525 000 

70 000 

70 000 

14 000 

2 800 

1.1-31.12.2019 

1 486 250 

543 750 

72 500 

72 500 

14 500 

2 900 

1.1.2020 and after 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not 
applicable 

not applicable 

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