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 Trade Agreement between the European Union and Colombia and Peru
Date: 2011-10-03
Institutions: European Commission
Subjects: Colombia, Peru, import (EU), protective clause, trade agreement (EU), tropical fruit

EUROPEAN COMMISSION 

Brussels, 3.10.2011 
COM(2011) 600 final 

2011/0262 (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 Trade Agreement between the European Union and Colombia and Peru 

 
 
  
 
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 Trade Agreement with Colombia and Peru. 

General context 

On 19 January 2009 the Council authorised the Commission to open negotiations with the Member 
Countries  of  the  Andean  Community,  which  resulted  in  a  Trade  Agreement  with  Colombia  and 
Peru. The Agreement was initialled on 23 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 Colombia and Peru. 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- Colombia and Peru FTA. 

Legal basis 

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

2011/0262 (COD) 

EN 

2 

   EN 

 
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 Trade Agreement between the European Union and Colombia and Peru  

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 19 January 2009 the Council authorised the Commission to negotiate a multiparty trade 
agreement  on  behalf  of  the  European  Union  with  the  Member  Countries  of  the  Andean 
Community which shared the aim to reach an ambitious, comprehensive, and balanced trade 
agreement. 

Those  negotiations  have  been  concluded  and  the  Trade  Agreement  between  the 
European Union  and  Colombia  and  Peru  (hereinafter  referred  to  as  "the  Agreement")  was 
initialled  on  23  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  …3  on  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 Colombia and Peru. 

The terms "serious injury", "threat of serious injury" and "transitional period" as referred to 
in Article 48 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 

EN 

3 

   EN 

 
                                                 
 
 
(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  48  of  the 
Agreement. 

Safeguard measures should take one of the forms referred to in Article 50 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 51 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 51 of the Agreement. 

(11)  The  Commission  should  notify  Colombia  and  Peru  in  writing  of  the  initiation  of  an 
investigation  and  consult  with  Colombia  and  Peru  as  provided  for  in  Article  49  of  the 
Agreement. 

(12) 

It  is  also  necessary,  pursuant  to  Article  51(4)  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 53 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 52 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 Columbia and Peru. 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 

EN 

4 

   EN 

 
the rules and general principles concerning mechanisms for control by Member States of the 
Commission's exercise of implementing powers1. 

(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 to allow the 
Commission to adopt immediately applicable provisional measures. 

(17)  This Regulation should apply only to products originating in the Union and in Colombia and 

Peru, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I - SAFEGUARD PROVISION 

Article 1 

Definitions 

For the purposes of this Regulation: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

"products"  means  goods  originating  in  the  Union  or  in  Colombia  or  Peru.  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; 

"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 

1 

OJ L 55, 28.2.2011, p. 13. 

EN 

5 

   EN 

 
                                                 
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. 

Article 2 

Principles 

1. 

A safeguard measure may be imposed in accordance with this Regulation where a product 
originating in Columbia or Peru is, as a result of tariff concessions on that product under 
the  Agreement,  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 Tariff Elimination Schedule of the European Union set 
out in Annex I 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  base  rate  as  specified  in  the  Tariff  Elimination  Schedule  of  the  European 
Union set out in Annex I to the Agreement. 

Article 3 

Initiation of proceedings 

1. 

2. 

3. 

4. 

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  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 Columbia or Peru 
appear  to  call  for  safeguard  measures.  That  information  shall  include  the  evidence 

EN 

6 

   EN 

 
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. 

5. 

Where it is apparent that there is sufficient prima facie evidence as determined on the basis 
of  factors  referred 
initiation  of  a  proceeding 
to 
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. 

in  Article 4(5) 

justify 

the 

to 

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. 

4. 

5. 

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  to 
initiate the investigation is published in the Official Journal of the European Union. 

The  Commission  may  request  Member  States  to  supply  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. 

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  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 

EN 

7 

   EN 

 
6. 

7. 

8. 

9. 

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 Columbia or Peru 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  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  Columbia  or  Peru  in  writing  of  the  initiation  of  an 
investigation and of the imposition of provisional or definitive measures. 

Article 5 

Prior surveillance measures 

1. 

2. 

Where  the  trend  in  imports  of  a  product  originating  in  Columbia  or  Peru  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). 

EN 

8 

   EN 

 
 
3. 

1. 

2. 

3. 

4. 

5. 

1. 

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  Columbia  or  Peru  have 
increased as a 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  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 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. 

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 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  setting  forth  its  findings  and 
reasoned conclusions reached on all pertinent issues of fact and law. 

EN 

9 

   EN 

 
1. 

2. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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 invite the authorities of Colombia or Peru to hold consultations 
in accordance with Article 49 of the Agreement. Where no satisfactory solution has been 
reached  within  45  days,  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 to facilitate adjustment, 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 
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 transitional period. 

No safeguard measure shall be applied to the import of a product that has previously been 
subject  to  such  a  measure,  except  for  one  time  for  a  period  of  time  equal  to  half  of  that 
during which such measure had been previously applied, provided that the period of non-
application is at least one year. 

EN 

10 

   EN 

 
Article 10 

Outermost regions of the European Union 

Where any product originating in Columbia or Peru 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 
information  concerned  may 
is  unjustified, 
be disregarded. 

for  confidentiality 

request 

the 

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. 

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 imports1. 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. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

1 

OJ L 84, 31.3.2009, p. 1. 

EN 

11 

   EN 

 
                                                 
3. 

4. 

1. 

2. 

3. 

4. 

5. 

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 Colombia or Peru under heading 0803.00.19 of the Combined 
Nomenclature  (fresh  Bananas,  excluding  plantains)  and  listed  under  the  staging  category 
"BA" in the Tariff Elimination Schedule of the European Union set out in Annex I to the 
Agreement, a stabilisation mechanism l shall apply until 1 January 2020.  

A  separate  annual  trigger  import  volume  is  set  for  imports  of  products  mentioned  in 
paragraph 1, as indicated in the third and fourth columns of the table in the Annex to this 
Regulation.  Once  the  trigger  volume  for  either  Colombia  or  Peru  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 
applied to products of the corresponding origin during that same 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 
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 (either Colombia or Peru or 
both) 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. 

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 330 thereof. 

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

application of the Agreement. 

EN 

12 

   EN 

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

Done at, 

For the European Parliament 

For the Council 

The President 

The President 

EN 

13 

   EN 

 
Annex 

Table regarding trigger import volumes for the application of the Stabilisation 
mechanism  for  bananas  provided  for  in  Annex  I,  Appendix  I,  Section  B:  for 
Colombia Subsection 1A, point 1(n) and for Peru Subsection 2A, point 1(i). 

Year 

Trigger import volume for 
Colombia 

Trigger import volume for 
Peru 

From 1 January until 31 December 2010 

1 350 000 t. 

From 1 January until 31 December 2011 

1 417 500 t. 

From 1 January until 31 December 2012 

From 1 January until 31 December 2013 

From 1 January until 31 December 2014 

From 1 January until 31 December 2015 

From 1 January until 31 December 2016 

From 1 January until 31 December 2017 

From 1 January until 31 December 2018 

From 1 January until 31 December 2019 

1 485 000 t. 

1 552 500 t. 

1 620 000 t. 

1 687 500 t. 

1 755 000 t. 

1 822 500 t. 

1 890 000 t. 

1 957 500 t. 

As from 1 January 2020 

Not applicable 

67 500 t. 

71 250 t. 

75 000 t. 

78 750 t. 

82 500 t. 

86 250 t. 

90 000 t. 

93 750 t. 

97 500 t. 

101 250 t. 

Not applicable 

EN 

14 

   EN