HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 293/16
EN
Official Journal of the European Union
5.11.2013
II
(Non-legislative acts)
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) No 1083/2013
of 28 August 2013
establishing rules related to the procedure for temporary withdrawal of tariff preferences and
adoption of general safeguard measures under Regulation (EU) No 978/2012 of the European
Parliament and the Council applying a scheme of generalised tariff preferences
THE EUROPEAN COMMISSION,
2. The
Commission
shall
provide
a
reasonable
period
of
time
within which third parties may make their views known in
writing by sending the relevant information to the Commission.
This period shall be specified in the notice announcing the
Having regard to the Treaty on the Functioning of the European
initiation of the procedure for temporary withdrawal. The
Union, and in particular Article 207 thereof,
Commission shall take into account the views submitted by
those third parties where they are backed by sufficient evidence.
Having regard to Regulation (EU) No 978/2012 of the
European Parliament and of the Council of 25 October 2012
3. Where the Commission finds that the beneficiary country
applying a scheme of generalised tariff preferences and repealing
concerned or any third party which has come forward in
Council Regulation (EC) No 732/2008 ( 1 ), and in particular
accordance with paragraph 2 has supplied it with false or
Articles 15(12), 19(14), and 22(4) thereof,
misleading information, it shall disregard that information.
Whereas:
Article 2
Constituted file
To ensure the transparency and predictability of the temporary
1. Where
the
Commission
has
initiated
the
procedure
for
the
withdrawal of preferences and of the adoption of general safe
temporary withdrawal of the tariff preferences it shall establish a
guards, the Commission has been empowered by the European
constituted file. A constituted file shall contain the documents
Parliament and the Council to adopt a delegated act to establish
which are relevant for drawing conclusions, including,
rules, in particular, with respect to deadlines, rights of parties,
information provided by the concerned GSP beneficiary
confidentiality and review,
country, GSP + beneficiary country or EBA beneficiary
country (the ‘beneficiary country’), information submitted by
third parties which have come forward in accordance with
Article 1(2) and any relevant information obtained by the
HAS ADOPTED THIS REGULATION:
Commission.
CHAPTER I
2. The
beneficiary
country
and
the
third
parties
which
have
submitted information supported by sufficient evidence in
RULES RELATED TO THE PROCEDURE FOR TEMPORARY
accordance with Article 1(2) have the right of access to the
WITHDRAWAL OF TARIFF PREFERENCES
constituted file upon written request. They may inspect all
Article 1
information contained in the constituted file except internal
documents prepared by the Union institutions or Member
Examination of information
States authorities and with due regard to the confidentiality
1. The
Commission
shall
seek
all
information
it
considers obligations contained in Article 38 of Regulation (EU) No
necessary, including, inter alia, the conclusions and recommen
978/2012 (GSP Regulation).
dations of the relevant monitoring bodies. In drawing its
conclusions, the Commission shall assess all relevant
information
3. The
content
of
a
constituted
file
shall
comply
with
provisions of confidentiality in accordance with Article 38 of
( 1 ) OJ L 303, 31.10.2012, p. 1.
the GSP Regulation

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EN
5.11.2013 Official
Journal
of
the
European
Union L
293/17
Article 3
accordance with Article 1(2)) have an oral hearing with the
Hearing Officer the relevant Commission service shall
Obligation to cooperate for GSP + beneficiary countries
participate in it.
1. Where the Commission has initiated the procedure for the
temporary withdrawal of the tariff preferences provided under
the special incentive arrangement for sustainable development
Article 6
and good governance (GSP+), the GSP + beneficiary country
concerned shall submit all necessary information providing
Disclosure for investigations under Article 15 of the GSP
proof of compliance with obligations resulting from its
Regulation
binding undertakings within a period provided in the Commis
sion’s notice.
1. The
Commission
shall
disclose
to
the
GSP
+
beneficiary
country concerned the details underlying the essential facts and
considerations on the basis of which the Commission intends to
take decisions pursuant to article 15(8) and 15(9) of the GSP
2. Lack of cooperation of the GSP + beneficiary country
Regulation.
concerned shall not impede the right of the access to the
constituted file.
2. Disclosure shall be given in writing. It shall contain the
Commission’s findings and shall reflect its provisional intention
3. If
the
GSP
+
beneficiary
country
concerned
refuses
to whether to terminate the temporary withdrawal procedure or to
cooperate, or does not provide the necessary information
temporarily withdraw the tariff preferences.
within the relevant time limit or significantly impedes the
procedure, the Commission findings, affirmative or negative,
may be made on the basis of the facts available.
3. Disclosure
shall
be
made,
with
due
regard
to
the
protection of confidential information in accordance with
Article 38 of the GSP Regulation, as soon as possible and,
Article 4
normally, not later than 45 days prior to a definitive decision
General hearing
by the Commission of any proposal for final action. Where the
Commission is not in a position to disclose certain facts or
1. The
beneficiary
country
concerned
and
third
parties
which considerations at that time, these shall be disclosed as soon as
have submitted information supported by sufficient evidence in
possible thereafter.
accordance with Article 1(2) have the right to be heard by the
Commission.
4. Disclosure
shall
not
prejudice
any
subsequent
decision
which may be taken but where such a decision is based on
2. They shall submit a written request specifying the reasons
any different facts and considerations, these shall be disclosed
for them to be heard orally. Such a request shall be received by
as soon as possible.
the Commission at the latest one month after the date of
initiation of a temporary withdrawal procedure.
5. Submissions
made
after
disclosure
shall
be
taken
into
consideration only if received within a period to be set by the
Article 5
Commission in each case, which shall be at least 14 days after
Involvement of the Hearing Officer
disclosure, due consideration being given to the urgency of the
matter.
1. The
beneficiary
country
concerned
and
third
parties
which
have submitted information supported by sufficient evidence in
accordance with Article 1(2) may also request the intervention
of the Hearing Officer. The Hearing Officer shall review requests
Article 7
for access to the constituted file, disputes on the confidentiality
Review
of documents, requests for extension of time limits and requests
to be heard.
1. Where
the
tariff
preferences
have
been
temporarily
withdrawn from a beneficiary country, the beneficiary country
concerned may submit a written request for reinstatement of
the tariff preferences if it considers that the reasons justifying
2. Third
parties
which
have
submitted
information
supported temporary withdrawal no longer apply.
by sufficient evidence in accordance with Article 1(2) may
request the intervention of the Hearing Officer to verify
whether their observations have been considered by the
Commission. The written request shall be submitted no later
2. The Commission may review the need for the temporary
than 10 days after expiry of the period provided to make their
withdrawal of preferences wherever it considers that the
views known.
conditions for such withdrawal are no longer met.
3. If
the
beneficiary
country
concerned
or
third
parties
which 3. The
provisions
of
this
chapter
shall
apply mutatis mutandis
have submitted information supported by sufficient evidence in
to the review of temporary withdrawal of tariff preferences.

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L 293/18
EN
Official Journal of the European Union
5.11.2013
CHAPTER II
3. In addition to the formal written submission, the request
and the accompanying documents shall also be submitted in
RULES RELATED TO THE PROCEDURE FOR ADOPTING THE
electronic format. Any request submitted exclusively in elec
GENERAL SAFEGUARD MEASURES
tronic format will not be considered valid for the purposes of
Article 8
this Regulation.
Initiation of investigation on request
4. The
authorities
shall
avoid,
unless
a
decision
has
been
1. A
request
for
the
initiation
of
a
safeguard
investigation made to initiate an investigation, any publicising of the
shall be submitted in writing, in confidential and non-
request seeking the initiation of an investigation. However,
confidential form. It shall contain such information as is
after receipt of a properly documented request and before
reasonably available to the requesting party on the following:
proceeding to initiate an investigation, the government of the
exporting country concerned shall be notified.
(a) the identity of the complaining Union producers and a
description of the volume and value of their Union
5. The
request
may
be
withdrawn
prior
to
initiation,
in
production of the like product or directly competing
which case it shall be considered not to have been lodged.
product. Where a written complaint is made on their
behalf, the complaint shall identify the Union producers
Article 9
on behalf of which the complaint is made. The complaint
shall also list other known producers (or associations of
Ex officio initiation of investigation
Union producers of the like product) in the Union which
are not complaining, and describe the volume and value of
Commission can initiate an investigation without request on the
their Union production;
basis of sufficient prima facie evidence that the conditions for
imposing the safeguard measure set out in Article 22(1) of GSP
Regulation are met.
(b) a complete description of the like product, the name of the
beneficiary country concerned, the identity of each known
Article 10
exporter or foreign producer and a list of known persons
importing the product in question;
Information on initiation of investigation
1. The
notice
of
initiation
published
in
the Official Journal of
(c) information on levels and trends of volumes and prices of
the European Union shall:
the imports of the like product originating in the beneficiary
country concerned. This information shall distinguish
(a) give a summary of the information received, and require
amongst preferential imports under the GSP Regulation,
that all relevant information is to be communicated to the
other preferential imports, and imports not enjoying prefer
Commission;
ences;
(b) state the period within which interested parties may make
(d) information on the situation of the complaining Union
known their views in writing and submit information, in
producers, on the basis of the factors listed in Article 23
order for such views and information to be taken into
of the GSP Regulation;
account during the investigation;
(e) information on the effect the imports as described under (c)
(c) state the period of investigation, which shall normally, cover
have had on the complaining Union producers, due account
a period of no less than 3 years immediately prior to the
being taken of other additional factors affecting the situation
initiation of the investigation proceeding. Information
of Union producers.
relating to a period subsequent to the investigation period
shall, normally, not be taken into account;
2. The
request
together
with
the
accompanying
documents
shall be submitted to the Commission’s mail reception service:
(d) state the period within which interested parties may apply
to be heard orally by the Commission;
Central mail service (Courrier central)
Btiment DAV1
(e) state the period within which interested parties may request
Avenue du Bourget 1/Bourgetlaan 1
the intervention of the Hearing Officer.
1140 Bruxelles/Brussel
BELGIQUE/BELGI
2. The
Commission
shall
advise
the
exporters,
importers
and
representative associations of importers or exporters known to
The request shall be deemed to have been lodged on the first
it to be concerned, as well as representatives of the beneficiary
working day following its delivery to the Commission by
country concerned and the complaining Union producers, of
registered mail or the issuing of an acknowledgement of
the initiation of the investigation and, with due regard to the
receipt by the Commission.
protection of confidential information, provide the full text of
the written complaint to the known exporters and to the auth
orities of the exporting country, and make it available upon
The Commission shall send to the Member States a copy of the
request to other interested parties involved. Where the
request once it has been received.
number of exporters involved is particularly high, the full text

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EN
5.11.2013 Official
Journal
of
the
European
Union L
293/19
of the written complaint may instead be provided only to the
all of the parties selected which is likely to materially affect the
authorities of the exporting country or to the relevant trade
outcome of the investigation, a new sample may be selected.
association.
However, if a material degree of non-cooperation persists or
there is insufficient time to select a new sample, the relevant
provisions of Article 13 shall apply.
Article 11
Investigation
Article 12
1. The
Commission
shall
seek
all
information
which
it
deems
necessary to carry out an investigation.
Verification visits
1. The
Commission
may
carry
out
visits
to
examine
the
records of importers, exporters, traders, agents, producers,
trade associations and organisations and other interested
2. Interested
parties
may
make
their
views
known
in
writing parties to verify information provided on products that may
by sending the relevant information to the Commission. Those
require safeguard measures.
views shall be taken into consideration where they are backed
by sufficient evidence. The Commission may verify the
information received with the beneficiary country concerned
and any interested party.
2. The
Commission
may
carry
out
investigations
in
third
countries as required, provided that it obtains the agreement
of the economic operators concerned, that it notifies the repre
sentatives of the government of the country in question and
3. Parties
receiving
questionnaires
used
in
the
investigation that the latter does not object to the investigation. As soon as
shall be given at least 30 days to reply. An extension to the 30
the agreement of the economic operators concerned has been
day period may be granted, due account being taken of the
obtained the Commission should notify the authorities of the
time-limits of the investigation, provided that the party shows
exporting country of the names and addresses of the economic
due cause for such extension, in terms of its particular circum
operators to be visited and the dates agreed.
stances.
4. The
Commission
may
request
Member
States
to
supply 3. The
economic
operators
concerned
shall
be
advised
of
the
information, and Member States shall take whatever steps are
nature of the information to be verified during verification visits
necessary in order to give effect to such requests.
and of any information which needs to be provided during such
visits. Further information may be requested.
5. The
Commission
may
request
Member
States
to
carry
out
all necessary checks and inspections, particularly amongst
4. In
investigations
carried
out
pursuant
to
paragraphs
1,
2
importers, traders and Union producers, and to carry out inves
and 3, the Commission shall be assisted by officials of those
tigations in third countries, provided that the economic
Member States who so request.
operators concerned give their consent and that the government
of the country in question has been officially notified and raises
no objection. Member States shall take whatever steps are
necessary in order to give effect to such requests from the
Article 13
Commission. Officials of the Commission shall be authorised,
Non-cooperation
if the Commission or a MemberStateso requests, to assist the
officials of Member States in carrying out their duties.
1. In
cases
in
which
any
interested
party
refuses
access
to,
or
otherwise does not provide, necessary information within the
time-limits provided in this Regulation, or significantly impedes
the investigation, findings, affirmative or negative, may be made
6. In
cases
where
the
number
of
interested
parties,
types
of on the basis of the facts available. Where it is found that any
product or transactions is large, the investigation may be limited
interested party has supplied false or misleading information,
to a reasonable number of parties, products or transactions by
the information shall be disregarded and use may be made of
using samples which are statistically valid on the basis of
facts available. Interested parties shall be informed of the
information available at the time of the selection, or to the
consequences of non-cooperation.
largest representative volume of production, sales or exports
which can reasonably be investigated within the time available.
The final selection of parties, types of products or transactions
made under these sampling provisions shall rest with the
2. Where
the
information
submitted
by
an
interested
party
is
Commission, though preference shall be given to choosing a
not ideal in all respects it should nevertheless not be
sample in consultation with, and with the consent of, the
disregarded, provided that any deficiencies are not such as to
parties concerned, provided such parties make themselves
cause undue difficulty in arriving at a reasonably accurate
known and make sufficient information available to enable a
finding and that the information is appropriately submitted in
representative sample to be chosen. Where it is decided to
good time and is verifiable, and that the party has acted to the
sample and there is a degree of non-cooperation by some or
best of its ability.

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L 293/20
EN
Official Journal of the European Union
5.11.2013
3. If
evidence
or
information
is
not
accepted,
the
supplying
Article 15
party shall be informed forthwith of the reasons therefor and
shall be granted an opportunity to provide further explanations
General hearing
within the time-limit specified. If the explanations are
1. A
beneficiary
country
concerned
and
interested
parties
considered unsatisfactory, the reasons for rejection of such
which have come forward in accordance with Article 11(2)
evidence or information shall be disclosed and given in
have the right to be heard by the Commission.
published findings.
2. They
shall
submit
a
written
request
within
the
period
laid
down in the notice published in the Official Journal of the
4.
If determinations are based on the provisions of paragraph
European Union, showing that they are actually likely to be
1, including the information supplied in the request, it shall,
affected by the outcome of the investigation and that there
where practicable and with due regard to the time-limits of the
are special reasons for them to be heard orally.
investigation, be checked by reference to information from
other independent sources which may be available, such as
published price lists, official import statistics and customs
Article 16
returns, or information obtained from other interested parties
during the investigation.
Involvement of the Hearing Officer
1. A
beneficiary
country
and
interested
parties
which
have
come forward in accordance with Article 11(2) may also request
the intervention of the Hearing Officer. The Hearing Officer
Such information may include relevant data pertaining to the
shall review requests for access to the constituted file, disputes
world market or other representative markets, where appro
on the confidentiality of documents, requests for extension of
priate.
time limits and requests to be heard.
2. If there is an oral hearing with the Hearing Officer the
5. If
an
interested
party
does
not
cooperate,
or
cooperates relevant Commission service shall participate in it.
only partially, so that relevant information is thereby withheld,
the result may be less favourable to the party than if it had
cooperated.
Article 17
Disclosure
1. The
Commission
shall
disclose
the
details
underlying
the
Article 14
essential facts and considerations on the basis of which the
Commission’s decisions are taken.
Constituted file
1. Where
the
Commission,
in
accordance
with
Article
24(2)
of the GSP Regulation, has initiated an investigation, it shall
2. Disclosure shall be given in writing. It shall contain the
establish a constituted file. A constituted file shall contain
Commission’s findings and shall reflect its intention to
information submitted by the Member States, a beneficiary
reintroduce normal Common Customs Tariff duties or not.
country, interested parties and the relevant information which
has been obtained by the Commission and with due regard the
confidentiality obligations contained in Article 38 of the GSP
3. Disclosure
shall
be
made,
with
due
regard
to
the
Regulation.
protection of confidential information, as soon as possible
and, normally, not later than 45 days prior to a definitive
decision by the Commission of any proposal for final action
and in any case at an appropriate time for the parties to make
2. A
beneficiary
country
concerned
and
interested
parties comments and for those comments to be considered by the
which have come forward in accordance with Article 11(2)
Commission. Where the Commission is not in a position to
have a right of access to the constituted file upon written
disclose certain facts or considerations at that time, these shall
request. They may inspect all information contained in the
be disclosed as soon as possible thereafter.
constituted file except internal documents prepared by the auth
orities of the EU or its MemberStatesand with due regard to the
confidentiality obligations contained in Article 38 of the GSP
4. Disclosure
shall
not
prejudice
any
subsequent
decision
Regulation. They may respond to such information and their
which may be taken but where such decision is based on any
comments shall be taken into consideration, wherever they are
different facts and considerations, these shall be disclosed as
sufficiently substantiated.
soon as possible.
5. Submissions
made
after
disclosure
is
given
shall
be
taken
3. The
content
of
a
constituted
file
shall
comply
with into consideration only if received within a period to be set by
provisions of confidentiality in accordance with Article 38 of
the Commission in each case, which shall be at least 14 days,
the GSP Regulation.
due consideration being given to the urgency of the matter.

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EN
5.11.2013 Official
Journal
of
the
European
Union L
293/21
Article 18
2. The
Commission
may
review
the
need
for
reinstatement
of normal Common Custom Tariff duties wherever it considers
Review
such a review to be justified.
1. Wherever
normal
Common
Custom
Tariff
duties
have
been reintroduced, any interested party may submit a written
request for reinstatement of the tariff preferences providing
3. The
provisions
of
this
chapter
shall
apply mutatis mutandis
prima facie evidence that the reasons justifying the reintroduction
to the review of the safeguard measures.
of normal duties no longer apply. Union producers may submit
a written request for the extension of the period of reintro
Article 19
duction of the normal duties providing prima facie evidence
that the reasons justifying the reintroduction of normal duties
This Regulation shall enter into force on the day following that
continue to apply.
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 Brussels, 28 August 2013.
For the Commission
The President
José Manuel BARROSO

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