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19.1.2013 Official
Journal
of
the
European
Union L
17/13
REGULATION (EU) No 20/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 January 2013
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
the Union. The limited ability of those regions to
EUROPEAN UNION,
diversify, owing to their natural characteristics, makes
the banana sector particularly vulnerable. It is therefore
essential to create effective mechanisms to address prefer
ential imports from third countries concerned, in order
Having regard to the Treaty on the Functioning of the European
to guarantee that Union banana production is maintained
Union, and in particular Article 207(2) thereof,
under the best possible conditions, as it is a crucial
employment sector in certain areas, especially in the
outermost regions.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(5) The
terms
‘serious
injury’,
‘threat
of
serious
injury’
and
parliaments,
‘transition period’ as referred to in Articles 104 and 105
of the Agreement should be defined.
Acting in accordance with the ordinary legislative procedure ( 1 ),
(6) Safeguard
measures
should
be
considered
only
if
the
product in question is imported into the Union in such
Whereas:
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
(1) On
23
April
2007
the
Council
authorised
the
laid down in Article 104 of the Agreement.
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’)
(7) Specific
safeguard
provisions
should
be
available
in
case
on behalf of the Union and its Member States.
the product in question is imported in such increased
quantities and under such conditions as to cause or
threaten to cause serious deterioration in the economic
situation of any of the outermost regions as referred to
(2) Those
negotiations
have
been
concluded
and
the
in Article 349 of the Treaty on the Functioning of the
Agreement was signed on 29 June 2012, received the
European Union (TFEU).
consent of the European Parliament on 11 December
2012 and is to apply as provided for in Article 353 of
the Agreement.
(8) Safeguard
measures
should
take
one
of
the
forms
referred
to in Article 104(2) of the Agreement.
(3) It is necessary to lay down the most appropriate
procedures to guarantee the effective application of
certain provisions of the Agreement which concern the
bilateral safeguard clause and for applying the stabili
sation mechanism for bananas that has been agreed
(9) The
tasks
of
following
up
and
reviewing
the
Agreement,
with Central America.
carrying out investigations and, if necessary, imposing
safeguard measures should be carried out in the most
transparent manner possible.
(4) It
is
also
necessary
to
create
appropriate
safeguard
mech
anisms to prevent serious harm to the Union banana
growing sector which is of great importance to the agri
cultural producers of many of the outermost regions of
(10) The
Commission
should
submit
an
annual
report
to
the
European Parliament and to the Council on the imple
mentation of the Agreement and the application of the
( 1 ) Position of the European Parliament of 11 December 2012 (not yet
published in the Official Journal) and decision of the Council of
safeguard measures and the stabilisation mechanism for
20 December 2012.
bananas.

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Official Journal of the European Union
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(11) The
challenges
in
Central
America
as
regards
human,
the results of the investigations to the Association
social, labour and environmental rights in connection
Committee as provided for in Article 116 of the
with products from that region require a close dialogue
Agreement.
between the Commission and Union civil society organi
sations.
(20) It
is
also
necessary,
pursuant
to
Article
112
of
the
Agreement, to set time limits for the initiation of an
(12) The
importance
of complying with the international
investigation and for determinations as to whether or
labour standards drawn up and supervised by the Inter
not safeguard measures are appropriate, with a view to
national Labour Organisation should be stressed.
ensuring that such determinations are made quickly, in
order to increase legal certainty for the economic
operators concerned.
(13) The
Commission should monitor the observance by
Central America of the social and environmental
standards laid down in Title VIII of Part IV of the
Agreement.
(21) An
investigation
should
precede
the
application
of
any
safeguard measure, subject to the Commission being
allowed to apply provisional safeguard measures in
critical circumstances as referred to in Article 106 of
the Agreement.
(14) 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 appli
cation of safeguard measures.
(22) Close monitoring should facilitate
a timely decision
concerning the possible initiation of an investigation or
imposition of measures. Therefore the Commission
should regularly monitor imports of bananas from the
(15) The
reliability
of
statistics
on
all
imports
from
Central
date of application of the Agreement. Monitoring should
America to the Union is therefore crucial to determining
be extended to other sectors upon a duly justified
whether the conditions to apply safeguard measures are
request.
met.
(23) There
should
be
a
possibility
to
suspend
swiftly
for
a
(16) In
some
cases,
an
increase
of
imports
concentrated
in
maximum period of three months the preferential
one or several of the Union's outermost regions or
customs duties when imports exceed a defined annual
Member States may cause, or threaten to cause, serious
trigger import volume. The decision whether or not to
deterioration or serious injury in their economic situ
apply the stabilisation mechanism for bananas should
ation. In the event that there is an increase of imports
take into account the stability of the Union market for
concentrated in one or several of the Union's outermost
bananas.
regions or Member States, the Commission should be
able to introduce prior surveillance measures.
(24) Safeguard
measures
should
be
applied
only
to
the
extent,
and for such time, as may be necessary to prevent serious
(17) If
there
is
sufficient
prima
facie
evidence
to
justify
the
injury and to facilitate adjustment. The maximum
initiation of a proceeding, the Commission should
duration of safeguard measures should be determined
publish a notice as provided for in Article 111(3) of
and specific provisions regarding extension and review
the Agreement in the Official Journal of the European
of such measures should be laid down, as referred to
Union.
in Article 105 of the Agreement.
(18) There should be detailed provisions on the initiation of
investigations, access to and inspections by interested
(25) The
Commission
should
enter
into
consultations
with
the
parties of the information gathered, hearings for the
Central American country affected by measures.
interested parties involved and the opportunities for
those parties to submit their views as provided for in
Article 111(3) of the Agreement.
(26) The
implementation
of
the
bilateral
safeguard
clause
and
the stabilisation mechanism for bananas provided for in
the Agreement requires uniform conditions for the
(19) The Commission should notify Central America in
adoption of provisional and definitive safeguard
writing of the initiation of an investigation and notify
measures, for the imposition of prior surveillance

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19.1.2013 Official
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of
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Union L
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measures, for the termination of an investigation without
(31) This
Regulation
should
apply
only
to
products
orig
measures and for suspending temporarily the preferential
inating in the Union or in Central America,
customs duty established under the stabilisation
mechanism for bananas that has been agreed with
Central America. In order to ensure uniform conditions
for the implementation of this Regulation, those
measures should be adopted by the Commission in
HAVE ADOPTED THIS REGULATION:
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
concerning mechanisms for control by Member States
CHAPTER I
of the Commission's exercise of implementing powers ( 1 ).
SAFEGUARD PROVISIONS
Article 1
Definitions
(27) The
advisory
procedure
should
be
used
for
the
adoption
For the purposes of this Regulation:
of surveillance and provisional safeguard 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 provisional safeguard
measures would cause damage which would be difficult
(a) ‘product’ means a good originating in the Union or in a
to repair, the Commission should adopt immediately
Central American country. A product subject to an investi
applicable implementing acts.
gation may cover one or several tariff lines or a sub-
segment thereof depending on the specific market circum
stances, or any product segmentation commonly applied in
the Union industry;
(28) Given the nature and the relatively short duration of the
measures foreseen under the stabilisation mechanism for
bananas, and in order to prevent a negative impact on
(b) ‘interested parties’ means parties affected by the imports of
the situation of the Union market for bananas, the
the product in question;
Commission should also adopt immediately applicable
implementing acts for the temporary suspension of the
preferential customs duty established under the stabili
sation mechanism for bananas, or to determine that
(c) ‘Union industry’ means the Union producers as a whole of
such temporary suspension is not appropriate. Where
the like or directly competitive products, operating within
such immediately applicable implementing acts are
the territory of the Union, Union producers whose
applied, the advisory procedure should be used.
collective output of the like or directly competitive
products constitutes a major proportion of the total
Union production of those products, or, where a like or a
directly competitive product is only one of several products
that are made by the Union producers, the specific oper
(29) The
Commission
should
make
diligent
and
effective
use
ations that are involved in the production of the like or
of the stabilisation mechanism for bananas in order to
directly competitive product;
avoid a threat of serious deterioration or a serious
deterioration for producers in the outermost regions in
the Union. From 1 January 2020, the general bilateral
safeguard mechanism, including the special provisions for
outermost regions, remains applicable.
(d) ‘serious injury’ means a significant overall impairment;
(e) ‘threat of serious injury’ means serious injury that is clearly
(30) For
purposes
of
adopting
the
necessary
implementing
imminent;
rules for the application of the rules contained in
Appendix 2A of Annex II (Concerning the definition of
the concept of 'originating products' and methods of
administrative co-operation) and Appendix 2 of Annex
I (Elimination of Customs Duties) to the Agreement,
(f) ‘serious deterioration’ means significant disturbances in a
Article 247a of Council Regulation (EEC) No 2913/92
sector or in Union industry;
of 12 October 1992 establishing the Community
Customs Code ( 2 ) should be applied.
( 1 ) OJ L 55, 28.2.2011, p. 13.
(g) ‘threat of serious deterioration’ means significant
( 2 ) OJ L 302, 19.10.1992, p. 1.
disturbances that are clearly imminent;

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(h) ‘transitional period’ means ten years from the date of appli
Article 3
cation of the Agreement, for a product for which the
Schedule of the EU Party, as set out in Annex I (Elimination
Monitoring
of Customs Duties) to the Agreement (‘Tariff Elimination
1. The
Commission
shall
monitor
the
evolution
of
import
Schedule’) provides for a tariff elimination period of less
statistics of bananas from Central American countries. For that
than ten years, or the tariff elimination period plus three
purpose, it shall cooperate and exchange data on a regular basis
years for a product for which the Tariff Elimination
with Member States and the Union industry.
Schedule provides for a tariff elimination period of ten or
more years;
(i) ‘Central American country’ means Costa Rica, El Salvador,
2. Upon
a
duly
justified
request
by
the
industries
concerned,
Guatemala, Honduras, Nicaragua or Panama.
the Commission may consider extending the scope of the moni
toring to other sectors.
A determination of the existence of a threat of serious injury
within the meaning of point (e) of the first paragraph shall be
based on verifiable facts and not merely on an allegation, a
3. The
Commission
shall
present
an
annual
monitoring
conjecture or a remote possibility. In order to determine the
report to the European Parliament and to the Council on
existence of a threat of serious injury, forecasts, estimations and
updated statistics on imports from Central American countries
analyses made on the basis of factors referred to in Article 5(5),
of bananas and those sectors to which monitoring has been
shall, inter alia, be taken into account.
extended.
Article 2
Principles
4. The Commission shall monitor the observance by Central
1. A
safeguard
measure
may
be
imposed
in
accordance
with American countries of the social and environmental standards
this Regulation where a product originating in a Central
laid down in Title VIII of Part IV of the Agreement.
American country is, as a result of the reduction or the elim
ination of the customs duties on that product, 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.
Article 4
Initiation of proceedings
2. A
safeguard
measure
may
take
one
of
the
following
forms:
1. A
proceeding
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
(a) a suspension of a further reduction of the rate of customs
that there is sufficient prima facie evidence, as determined on
duty on the product concerned provided for in the Tariff
the basis of factors referred to in Article 5(5), to justify such
Elimination Schedule;
initiation.
(b) an increase in the rate of customs duty on the product
concerned to a level which does not exceed the lesser of:
2. The
request
to
initiate
a
proceeding
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
— the most-favoured-nation (‘MFN’) applied rate of
following information: the rate and amount of the increase in
customs duty on the product in effect at the time the
imports of the product concerned in absolute and relative
measure is taken; or
terms, the share of the domestic market taken by increased
imports and changes in the level of sales, production, produc
tivity, capacity utilisation, profits and losses, and employment.
— 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.
3. A
proceeding
may
also
be
initiated
in
the
event
that
there
is a surge of imports concentrated in one or several Member
3. A
safeguard
measure
shall
not
be
applied
within
the
limits States, or outermost regions, provided that there is sufficient
of the preferential duty free tariff quotas granted by the
prima facie evidence that the conditions for initiation are met,
Agreement.
in accordance with Article 5(5).

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4. A
Member
State
shall
inform
the
Commission
if
trends
in
3. The
investigation
shall,
where
possible,
be
concluded
imports from a Central American country appear to call for
within six months of its initiation. That time limit may be
safeguard measures. That information shall include the
extended by a further period of three months in exceptional
evidence available in accordance with Article 5(5).
circumstances such as the involvement of an unusually high
number of interested parties or complex market situations.
The Commission shall notify all interested parties of any such
extension and explain the reasons therefor.
5. The
Commission
shall
provide
that
information
to
the
Member States when it receives a request to initiate a
proceeding or when it considers initiation of a proceeding to
be appropriate on its own initiative pursuant to paragraph 1.
4. 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, shall, where appropriate,
endeavour to verify that information.
6. Where it is apparent that there is sufficient prima facie
evidence in accordance with Article 5(5) to justify the initiation
of a proceeding the Commission shall initiate proceedings and
shall publish a notice thereof in the Official Journal of the
5. In
the
investigation
the
Commission
shall
evaluate
all
European Union. Initiation shall take place within one month
relevant factors of an objective and quantifiable nature having
of receipt by the Commission of the request or information
a bearing on the situation of the Union industry, in particular,
pursuant to paragraph 1.
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,
7. The
notice
referred
to
in
paragraph
6
shall:
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,
(a) give a summary of the information received, and require
prices, return on capital employed, cash flow, and other
that all relevant information be communicated to the
factors which are causing or may have caused serious injury,
Commission;
or threaten to cause serious injury to the Union industry.
(b) state the period within which interested parties may make
6. Interested parties who have submitted information
known their views in writing and submit information, if
pursuant to Article 4(7)(b) and representatives of the Central
such views and information are to be taken into account
American country concerned may, upon written request, inspect
during the proceeding;
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
(c) state the period within which interested parties may apply
presentation of their case and not confidential within the
to be heard orally by the Commission in accordance with
meaning of Article 12 and that it is used by the Commission
Article 5(9).
in the investigation. Interested parties who have submitted
information may communicate their views on the information
to the Commission. Where there is sufficient prima facie
evidence in support of those views, the Commission shall
Article 5
take them into consideration.
Investigations
1. Following the initiation of the proceeding, the
Commission shall commence an investigation. The period as
7. The
Commission
shall
ensure
that
all
data
and
statistics
set out in paragraph 3 shall start on the day the decision to
which are used for the investigation are available, comprehen
initiate the investigation is published in the Official Journal of the
sible, transparent and verifiable.
European Union.
8. The Commission shall, as soon as the necessary technical
2. The
Commission
may
request
Member
States
to
supply framework is in place, ensure password-protected online access
information and Member States shall take whatever steps are
to the non-confidential file, which it shall manage and through
necessary in order to give effect to any such request. If that
which all information which is relevant and is not confidential
information is of general interest and is not confidential within
within the meaning of Article 12 shall be disseminated.
the meaning of Article 12, it shall be added to the non-
Interested parties, Member States and the European Parliament
confidential files as provided for in paragraph 8 of this Article.
shall be granted access to that online platform.

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9. The
Commission
shall
hear
interested
parties,
in
particular
Article 7
where they have made a written application within the period
laid down in the notice published in the Official Journal of the
Imposition of provisional safeguard measures
European Union, showing that they are actually likely to be
1. Provisional
safeguard
measures
shall
be
applied
in
critical
affected by the outcome of the investigation and that there
circumstances where a delay would cause damage which would
are special reasons for them to be heard orally.
be difficult to repair, pursuant to a preliminary determination
on the basis of the factors referred to in Article 5(5) that there
is sufficient prima facie evidence that imports of a product
originating in a Central American country have increased as a
result of the reduction or elimination of a customs duty in
The Commission shall hear interested parties on further
accordance with the Tariff Elimination Schedule, and such
occasions if there are special reasons therefor.
imports cause serious injury, or threat thereof, to the Union
industry.
10. Where
information
is
not
supplied
within
the
time
limits
set by the Commission, or where the investigation is signifi
The Commission shall adopt provisional safeguard measures in
cantly impeded, the Commission may make findings on the
accordance with the advisory procedure referred to in
basis of the facts available. Where the Commission finds that
Article 14(2). In cases of imperative grounds of urgency,
any interested party or any third party has supplied it with false
including the case referred to in paragraph 2 of this Article,
or misleading information, it shall disregard that information
the Commission shall adopt immediately applicable provisional
and may make use of the facts available.
safeguard measures in accordance with the procedure referred to
in Article 14(4).
11. The
Commission
shall
notify
the
Central
American 2. Where a Member State requests immediate intervention by
country concerned in writing of the initiation of an investi
the Commission and where the conditions set out in paragraph
gation.
1 are met, the Commission shall take a decision within five
working days of receiving the request.
Article 6
3. Provisional
safeguard
measures
shall
not
apply
for
more
Prior surveillance measures
than 200 calendar days.
1. The
Commission
may
adopt
prior
surveillance
measures
in
regard to imports from a Central American country where:
4. 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
(a) the trend in imports of a product is such that it could lead
of those provisional safeguard measures shall be refunded auto
to one of the situations referred to in Articles 2 and 4; or
matically.
5. Provisional
safeguard
measures
shall
apply
to
every
(b) there is a surge of imports of bananas concentrated in one
product which is put into free circulation after the date of
or several Member States, or in one or several of the
entry into force of those measures. However, such measures
Union's outermost regions.
shall not prevent the release for free circulation of products
already on their way to the Union where the destination of
such products cannot be changed.
2. The
Commission
shall
adopt
prior
surveillance
measures
in accordance with the advisory procedure referred to in
Article 14(2).
Article 8
Termination of investigations and proceedings without
measures
1. Where
the
facts
as
finally
established
show
that
the
3. Prior
surveillance
measures
shall
have
a
limited
period
of conditions set out in Article 2(1) are not met, the Commission
validity. Unless otherwise provided, they shall cease to be valid
shall adopt a decision terminating the investigation and
at the end of the second six-month period following the first six
proceeding in accordance with the examination procedure
months after their introduction.
referred to in Article 14(3).

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2. The
Commission
shall
make
public,
with
due
regard
to
the 5. The
initiation
of
an
investigation
shall
be
published
in
protection of confidential information within the meaning of
accordance with Article 4(6) and (7). The investigation and
Article 12, a report setting out its findings and reasoned
any decision regarding an extension pursuant to paragraph 3
conclusions reached on all pertinent issues of fact and law.
of this Article shall be made in accordance with Articles 5, 8
and 9.
Article 9
6. The
total
duration
of
a
safeguard
measure
shall
not
exceed
Imposition of definitive safeguard measures
four years, including any provisional safeguard measure.
1. 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 for exam
7. A
safeguard
measure
shall
not
be
applied
beyond
the
ination in accordance with Article 116 of the Agreement.
expiry of the transitional period, except with the consent of
Where no recommendation has been made by the Association
the Central American country concerned.
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 14(3).
8. 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.
2. The
Commission
shall
make
public,
with
due
regard
to
the
protection of confidential information within the meaning of
Article 12, a report containing a summary of the material facts
and considerations relevant to the determination.
Article 11
Outermost regions of the Union
Where any product originating in a Central American country is
Article 10
being imported in such increased quantities and under such
conditions as to cause or threaten to cause serious deterioration
Duration and review of safeguard measures
in the economic situation of one or several of the Union's
outermost regions, as referred to in Article 349 TFEU, a
1. A
safeguard
measure
shall
remain
in
force
only
for
such safeguard measure may be imposed, in accordance with this
period of time as may be necessary to prevent or remedy the
Chapter.
serious injury to Union industry and to facilitate adjustment.
That period shall not exceed two years, unless it is extended
under paragraph 3.
Article 12
Confidentiality
2. A
safeguard
measure
shall
remain
in
force,
pending
the 1. Information
received
pursuant
to
this
Regulation
shall
be
outcome of the review under paragraph 3, during any extension
used only for the purpose for which it was requested.
period.
2. Neither
information
of
a
confidential
nature
nor
any
information provided on a confidential basis received pursuant
3. The initial period of duration of a safeguard measure may
to this Regulation shall be disclosed without the express consent
exceptionally be extended by up to two years provided that the
of the supplier of such information.
safeguard measure continues to be necessary to prevent or
remedy serious injury to Union industry and that there is
evidence that the Union industry is adjusting.
3. Each
request
for
confidentiality
shall
state
the
reasons
why
the information is confidential. However, if the supplier of the
information requests that the information is not made public or
disclosed, in full or in summary form, and if that request is
4. Any extension pursuant to paragraph 3 of this Article
unjustified, the information concerned may be disregarded.
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
4. Information
shall
in
any
case
be
considered
to
be
sufficient prima facie evidence that the conditions laid down
confidential if its disclosure is likely to have a significantly
in paragraph 3 of this Article are met, on the basis of factors
adverse effect upon the supplier or the source of such
referred to in Article 5(5).
information.

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5. Paragraphs
1
to
4
shall
not
preclude
reference
by
the 2. Where
reference
is
made
to
this
paragraph,
Article
4
of
Union authorities to general information and in particular to
Regulation (EU) No 182/2011 shall apply.
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.
3. Where
reference
is
made
to
this
paragraph,
Article
5
of
Regulation (EU) No 182/2011 shall apply.
Article 13
4. Where
reference
is
made
to
this
paragraph,
Article
8
of
Report
Regulation (EU) No 182/2011, in conjunction with Article 4
1. The
Commission
shall
submit
an
annual
report
to
the thereof, shall apply.
European Parliament and to the Council on the application,
implementation and fulfilment of obligations of Part IV of the
Agreement and of this Regulation.
5. The
Committee
may
examine
matters
relating
to
the
appli
cation of this Regulation, raised by the Commission or at the
request of a Member State. Member States may request
information and may exchange views in the Committee or
2. The
report
shall
include
information
about
the
application directly with the Commission.
of provisional and definitive measures, prior surveillance
measures, regional surveillance and safeguard measures and
the termination of investigations and proceedings without
measures.
CHAPTER II
STABILISATION MECHANISM FOR BANANAS
Article 15
3. The
report
shall
include
information
on
the
activities
of
the various bodies responsible for monitoring the implemen
Stabilisation mechanism for bananas
tation of the Agreement, including on fulfilment of obligations
under Title VIII of Part IV of the Agreement and on activities
1. For
bananas
originating
in
Central
America
falling
under
with civil society advisory groups.
heading 0803 00 19 of the Combined Nomenclature (fresh
Bananas, excluding plantains) and listed under category ‘ST’ in
the Tariff Elimination Schedule, a stabilisation mechanism shall
apply until 31 December 2019.
4. The
report
shall
set
out
a
summary
of
the
statistics
and
the evolution of trade with Central American countries and
shall include up-to-date statistics on banana imports from
Central American countries.
2. A
separate
annual
trigger
import
volume
is
set
for
imports
of products referred to in paragraph 1, as indicated in the table
in the Annex. The importation of the products referred to in
paragraph 1 at the preferential customs duty rate shall, in
5. The
European
Parliament
may,
within
one
month
of addition to the proof of origin established under Annex II (Con
submission of the Commission's report, invite the Commission
cerning the definition of the concept of ‘originating products’
to an ad hoc meeting of its responsible committee to present
and methods of administrative co-operation) to the Agreement,
and explain any issues related to the implementation of this
be subject to the presentation of an export certificate issued by
Regulation.
the competent authority of the Republic of the Central
American country from which the products are exported.
Once the trigger volume for a Central American country is
met during the corresponding calendar year, the Commission
6. No
later
than
three
months
after
submitting
its
report
to shall, in accordance with the urgency procedure referred to in
the European Parliament and to the Council, the Commission
Article 14(4), adopt an implementing act by which it may either
shall make it public.
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 or determine that
Article 14
such suspension is not appropriate.
Committee procedure
1. The
Commission
shall
be
assisted
by
the
Committee
estab
3. When deciding whether measures should be applied
lished by Article 4(1) of Council Regulation (EC) No 260/2009
pursuant to paragraph 2, the Commission shall take into
of 26 February 2009 on the common rules for imports ( 1 ) (‘the
consideration the impact of the imports concerned on the
Committee’). The Committee shall be a committee within the
situation of the Union market for bananas. That examination
meaning of Regulation (EU) No 182/2011.
shall include factors such as: effect of the imports concerned on
the Union price level, development of imports from other
( 1 ) OJ L 84, 31.3.2009, p. 1.
sources, overall stability of the Union market.

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EN
19.1.2013 Official
Journal
of
the
European
Union L
17/21
4. Where
the
Commission
decides
to
suspend
the
prefer
CHAPTER III
ential customs duty applicable, it shall apply the lesser of the
base rate of customs duty or the MFN rate of duty that in
IMPLEMENTING RULES
application at the time such action is taken.
Article 16
Implementing rules
The applicable provision for the purposes of adopting the
necessary implementing rules for the application of the rules
5. Where
the
Commission
applies
the
actions
referred
to
in contained in Appendix 2A of Annex II (Concerning the defi
paragraphs 2 and 4, it shall immediately enter into consul
nition of the concept of ‘originating products’ and methods of
tations with the affected Central American country or
administrative co-operation) and Appendix 2 of Annex I (Elim
countries to analyse and evaluate the situation on the basis of
ination of Customs Duties) to the Agreement shall be
available factual data.
Article 247a of Regulation (EEC) No 2913/92.
CHAPTER IV
FINAL PROVISIONS
6. The
application
of
the
stabilisation
mechanism
for
Article 17
bananas set out in this Chapter is without prejudice to the
application of any measures defined in Chapter I. Measures
Entry into force
taken pursuant to the provisions of both chapters shall not,
however, be applied simultaneously.
This Regulation shall enter into force on the third 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
7. The
measures
referred
to
in
paragraphs
2
and
4
shall
be provided for in Article 353 thereof. A notice shall be published
applicable only during the period ending on 31 December
in the Official Journal of the European Union specifying the date of
2019.
application of the Agreement.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 15 January 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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L 17/22
EN
Official Journal of the European Union
19.1.2013
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
Costa Rica Panama Honduras Guatemala Nicaragua El
Salvador
Until 31 December
1 025 000 375
000 50
000 50
000 10
000 2
000
2010
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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EN
19.1.2013 Official
Journal
of
the
European
Union L
17/23
COMMISSION STATEMENT
The Commission welcomes the first reading agreement between the European Parliament and the Council
on Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013
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 ( 1 ).
As envisaged in Regulation (EU) No 20/2013, the Commission will submit an annual report to the
European Parliament and to the Council on the implementation of Part IV of the Agreement and will be
ready to discuss with the responsible committee of the European Parliament any issues arising from the
implementation of Part IV of the Agreement.
The Commission will attach particular importance to the effective implementation of commitments on trade
and sustainable development in the Agreement, taking into account the specific information provided by the
relevant monitoring bodies of the fundamental Conventions of the International Labour Organisation and
the multilateral environmental agreements listed in Title VIII of Part IV of the Agreement. In this context,
the Commission will also seek the views of the relevant civil society advisory groups.
After the expiry of the Banana Stabilisation Mechanism on 31 December 2019, the Commission will assess
the situation of the Union market for bananas and the state of Union banana producers. The Commission
will report its findings to the European Parliament and the Council and would include a preliminary
assessment of the functioning of the ‘Programme d'Options Spécifiques à l'loignement et l'Insularité’
(POSEI) in preserving the banana production in the Union.
( 1 ) See page 13 of this Official Journal.

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L 17/24
EN
Official Journal of the European Union
19.1.2013
JOINT DECLARATION
The European Parliament and the Commission agree on the importance of close cooperation in monitoring
the implementation of Part IV of the Agreement and Regulation (EU) No 20/2013 of the European
Parliament and of the Council of 15 January 2013 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 ( 1 ). To that end they agree
on the following:
— Upon request by the responsible committee of the European Parliament, the Commission shall report to
it on any specific concerns relating to the implementation by Central American countries of their
commitments on trade and sustainable development.
— If the European Parliament adopts a recommendation to initiate a safeguard investigation, the
Commission will carefully examine whether the conditions under Regulation (EU) No 20/2013 for
ex-officio initiation are fulfilled. If the Commission considers that the conditions are not fulfilled, it
will present a report to the responsible committee of the European Parliament including an explanation
of all the factors relevant to the initiation of such an investigation.
( 1 ) See page 13 of this Official Journal.

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Document Outline

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