REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the delegation of power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2019/287 of the European Parliament and of the Council of 13 February 2019 implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between the European Union and third countries
Date: 2024-03-14
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: European Commission, bilateral relations, delegated legislation, free-trade agreement, powers of the institutions (EU), tariff exemption, tariff preference, third country, trade agreement (EU), transfer of competence

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  EN 

   EUROPEAN COMMISSION  Brussels, 14.3.2024  COM(2024) 119 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the delegation of power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2019/287 of the European Parliament and of the Council of 13 February 2019 implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between the European Union and third countries  
 
 
1. 

INTRODUCTION 

Regulation  (EU)  2019/287 (‘Bilateral  Safeguard  Regulation’)(1)  was  adopted  on  13 
February  2019  and  it  entered  into  force  on  14  March  2019.  It  implements  bilateral 
safeguard  clauses  and  other  mechanisms  allowing  for  the  temporary  withdrawal  of 
preferences in certain trade agreements concluded between the European Union and third 
countries. 

The Bilateral Safeguard Regulation lays down general principles and procedures necessary 
to  implement  those  clauses  or  mechanisms.  Where  trade  agreements  contain  specific 
provisions that are not in accordance with the Bilateral Safeguard Regulation, such specific 
provisions should be listed in the Annex to that Regulation. For the time being, the Annex 
to that Regulation contains specific provisions relating to three agreements: the Free Trade 
Agreement between the European Union and the Republic of Singapore, the Free Trade 
Agreement between the European Union and the Socialist Republic of Viet Nam and the 
Agreement between the European Union and Japan for an Economic Partnership.  

Pursuant to Articles 15 and 16 of the Bilateral Safeguard Regulation, the Commission is 
empowered to adopt delegated acts in order to amend the Annex with a view to adding 
entries relating to specific provisions of new trade agreements. 

2.  LEGAL BASIS  

This report is required under Article 16(2) of Bilateral Safeguard Regulation. Pursuant to 
that provision, the power to adopt delegated acts concerning the matters listed therein is 
conferred  on  the  Commission  for  a  period  of  five  years  from  14  March  2019  and  the 
Commission is required to prepare a report in respect of that delegation of power. 

3.  EXERCISE OF THE DELEGATION 

3.1.  Delegated acts adopted 

During the period between 14 March 2019 and 31 December 2023, the Commission did 
not  exercise  its  delegated  powers  and  no  delegated  acts  have  been  adopted  under  the 
Bilateral Safeguard Regulation. 

4.  CONCLUSION 

The  Commission  invites  the  European  Parliament  and  the  Council  to  take  note  of  this 
report. 

According to Article 16, the Commission will again prepare a report on delegated powers 
before the end of the next five-year period. 

(1)  Regulation  (EU)  2019/287  of  the  European  Parliament  and  of  the  Council  of  13  February  2019 
implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal 
of preferences in certain trade agreements concluded between the European Union and third countries, 
OJ L 53, 22.2.2019, p. 1