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19.1.2013 Official
Journal
of
the
European
Union
L
17/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 19/2013 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
Trade Agreement between the European Union and its Member States, of the one part, and
Colombia and Peru, of the other part
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
bilateral safeguard clause and for applying the stabili
EUROPEAN UNION,
sation mechanism for bananas that has been agreed
with Colombia and Peru.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 207(2) thereof,
(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
Having regard to the proposal from the European Commission,
cultural producers of many of the outermost regions of
the Union. The limited ability of those regions to
diversify, owing to their natural characteristics, makes
After transmission of the draft legislative act to the national
the banana sector particularly vulnerable. It is therefore
parliaments,
essential to create effective mechanisms to address prefer
ential imports from third countries concerned, in order
to guarantee that Union banana production is maintained
under the best possible conditions, as it is a crucial
Acting in accordance with the ordinary legislative procedure ( 1 ),
employment sector in certain areas, especially in the
outermost regions.
Whereas:
(5) The
terms
‘serious
injury’,
‘threat
of
serious
injury’
and
‘transitional period’ as referred to in Article 48 of the
(1) On
19
January
2009
the
Council
authorised
the
Agreement should be defined.
Commission to negotiate a multiparty trade agreement
on behalf of the European Union and its Member States
with the Member Countries of the Andean Community
which shared the aim to reach an ambitious, compre
(6) Safeguard
measures
should
be
considered
only
if
the
hensive, and balanced trade agreement.
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
(2) Those
negotiations
have
been
concluded
and
the
Trade
producers of like or directly competitive products as
Agreement between the European Union and its Member
laid down in Article 48 of the Agreement.
States, of the one part, and Colombia and Peru, of the
other part (‘the Agreement’) was signed on 26 June
2012, received the consent of the European Parliament
on 11 December 2012 and is to apply as provided for in
(7) Specific
safeguard
provisions
should
be
available
in
case
Article 330 of the Agreement.
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
(3) It is necessary to lay down the most appropriate
procedures to guarantee the effective application of
in Article 349 of the Treaty on the Functioning of the
certain provisions of the Agreement which concern the
European Union (TFEU).
( 1 ) Position of the European Parliament of 11 December 2012 (not yet
published in the Official Journal) and decision of the Council of
(8) Safeguard
measures
should
take
one
of
the
forms
referred
20 December 2012.
to in Article 50 of the Agreement.

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Official Journal of the European Union
19.1.2013
(9) The
tasks
of
following
up
and
reviewing
the
Agreement, (19) The
Commission
should
notify
Colombia
and
Peru
in
carrying out investigations and, if necessary, imposing
writing of the initiation of an investigation and consult
safeguard measures should be carried out in the most
Colombia and Peru as provided for in Article 49 of the
transparent manner possible.
Agreement.
(10) The
Commission
should
submit
an
annual
report
to
the
European Parliament and to the Council on the imple
(20) It
is
also
necessary,
pursuant
to
Article
51(4)
of
the
mentation of the Agreement and the application of the
Agreement, to set time limits for the initiation of an
safeguard measures and the stabilisation mechanism for
investigation and for determinations as to whether or
bananas.
not safeguard measures are appropriate, with a view to
ensuring that such determinations are made quickly, in
order to increase legal certainty for the economic
(11) The
challenges
in
Colombia
and
Peru
as
regards
human,
operators concerned.
social, labour and environmental rights in connection
with products from those countries require a close
dialogue between the Commission and Union civil
society organisations.
(21) An
investigation
should
precede
the
application
of
any
safeguard measure, subject to the Commission being
allowed to apply provisional safeguard measures in
(12) The
importance
of complying with the international
labour standards drawn up and supervised by the Inter
critical circumstances as referred to in Article 53 of the
national Labour Organisation should be stressed.
Agreement.

(13) The
Commission should monitor the observance by
Colombia and Peru of the social and environmental
(22) Close monitoring should facilitate
a timely decision
standards laid down in Title IX of the Agreement.
concerning the possible initiation of an investigation or
imposition of measures. Therefore the Commission
should regularly monitor imports of bananas from the
(14) There should be detailed provisions on the initiation of
date of application of the Agreement. Monitoring should
proceedings. The Commission should receive information
be extended to other sectors upon a duly justified
including available evidence from the Member States of
request.
any trends in imports which might call for the appli
cation of safeguard measures.
(23) There
should
be
a
possibility
to
suspend
swiftly
for
a
(15) The
reliability
of
statistics
on
all
imports
from
Colombia
maximum period of three months the preferential
and Peru to the Union is therefore crucial to determining
customs duties when imports exceed a defined annual
whether the conditions to apply safeguard measures are
trigger import volume. The decision whether or not to
met.
apply the stabilisation mechanism for bananas should
take into account the stability of the Union market for
bananas.
(16) In
some
cases,
an
increase
of
imports
concentrated
in
one or several of the Union's outermost regions or
Member States may cause, or threaten to cause, serious
deterioration or serious injury in their economic situ
(24) Safeguard
measures
should
be
applied
only
to
the
extent,
ation. In the event that there is an increase of imports
and for such time, as may be necessary to prevent serious
concentrated in one or several of the Union's outermost
injury and to facilitate adjustment. The maximum
regions or Member States, the Commission should be
duration of safeguard measures should be determined
able to introduce prior surveillance measures.
and specific provisions regarding extension and review
of such measures should be laid down, as referred to
in Article 52 of the Agreement.
(17) 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.
(25) The
Commission
should
enter
into
consultations
with
the
country affected by measures.
(18) There should be detailed provisions on the initiation of
investigations, access to and inspections by interested
parties of the information gathered, hearings for the
interested parties involved and the opportunities for
(26) The
implementation
of
the
bilateral
safeguard
clause
and
those parties to submit their views as provided for in
the stabilisation mechanism for bananas provided for in
Article 51 of the Agreement.
the Agreement requires uniform conditions for the

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Union
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adoption of provisional and definitive safeguard
(31) This
Regulation
should
apply
only
to
products
orig
measures, for the imposition of prior surveillance
inating in the Union or in Colombia or Peru,
measures, for the termination of an investigation
without measures and for suspending temporarily the
preferential customs duty established under the stabili
sation mechanism for bananas that has been agreed
HAVE ADOPTED THIS REGULATION:
with Colombia and Peru. In order to ensure uniform
conditions for the implementation of this Regulation,
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
CHAPTER I
2011 laying down the rules and general principles
concerning mechanisms for control by Member States
SAFEGUARD PROVISIONS
of the Commission's exercise of implementing powers ( 1 ).
Article 1
Definitions
For the purposes of this Regulation:
(27) The
advisory
procedure
should
be
used
for
the
adoption
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
(a) ‘product’ means a good originating in the Union or in
measures would cause damage which would be difficult
Colombia or Peru. A product subject to an investigation
to repair, the Commission should adopt immediately
may cover one or several tariff lines or a sub-segment
applicable implementing acts.
thereof depending on the specific market circumstances,

or any product segmentation commonly applied in the
Union industry;
(28) Given the nature and the relatively short duration of the
measures provided for under the stabilisation mechanism
(b) ‘interested parties’ means parties affected by the imports of
for bananas, and in order to prevent a negative impact
the product in question;
on the situation of the Union market for bananas, the
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
Appendices 2A and 5 of Annex II (Concerning the defi
nition of the concept of ‘Originating Products’ and
Methods of Administrative Co-operation) and Appendix
1 (Elimination of Customs Duties) of Annex I to the
(f) ‘serious deterioration’ means significant disturbances in a
Agreement, Article 247a of Council Regulation (EEC)
sector or in Union industry;
No 2913/92 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 10 years from the date of appli
it shall cooperate and exchange data on a regular basis with
cation of the Agreement, for a product for which the tariff
Member States and the Union industry.
elimination schedules for goods originating in Colombia
and Peru, as set out in Subsections 1 and 2 of Section B
of Appendix 1 (Elimination of Customs Duties) of Annex I
to the Agreement (‘Tariff Elimination Schedule’) provides for
a tariff elimination period of less than 10 years, or the tariff
2. Upon
a
duly
justified
request
by
the
industries
concerned,
elimination period plus three years for a product for which
the Commission may consider extending the scope of the moni
the Tariff Elimination Schedule provides for a tariff elim
toring to other sectors.
ination period of 10 or more years.
A determination of the existence of a threat of serious injury
3. The
Commission
shall
present
an
annual
monitoring
within the meaning of point (e) of the first paragraph shall be
report to the European Parliament and to the Council on
based on verifiable facts and not merely on an allegation, a
updated statistics on imports from Colombia and Peru of
conjecture or a remote possibility. In order to determine the
bananas and those sectors to which monitoring has been
existence of a threat of serious injury, forecasts, estimations and
extended.
analyses made on the basis of factors referred to in Article 5(5),
shall, inter alia, be taken into account.
4. The
Commission
shall
monitor
the
observance
by
Article 2
Colombia and Peru of the social and environmental standards
laid down in Title IX of the Agreement.
Principles
1. A
safeguard
measure
may
be
imposed
in
accordance
with
this Regulation where a product originating in Colombia or
Peru is, as a result of tariff concessions on that product under
Article 4
the Agreement, imported into the Union in such increased
quantities, in absolute terms or relative to Union production,
Initiation of proceedings
and under such conditions as to cause or threaten to cause
1. A
proceeding
shall
be
initiated
upon
request
by
a
Member
serious injury to the Union industry.
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
2. A
safeguard
measure
may
take
one
of
the
following
forms:
the basis of factors referred to in Article 5(5), to justify such
initiation.
(a) a suspension of a further reduction of the rate of customs
duty on the product concerned provided for in the Tariff
Elimination Schedule;
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
following information: the rate and amount of the increase in
(b) an increase in the rate of customs duty on the product
imports of the product concerned in absolute and relative
concerned to a level which does not exceed the lesser of:
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 most-favoured-nation (‘MFN’) applied rate of
customs duty on the product in effect at the time the
measure is taken, or
3. A
proceeding
may
also
be
initiated
in
the
event
that
there
is a surge of imports concentrated in one or several Member
— the base rate as specified in the Tariff Elimination
States, or outermost regions, provided that there is sufficient
Schedule.
prima facie evidence that the conditions for initiation are met,
in accordance with Article 5(5).
Article 3
Monitoring
4. A
Member
State
shall
inform
the
Commission
if
trends
in
imports from Colombia or Peru appear to call for safeguard
1. The
Commission
shall
monitor
the
evolution
of
import measures. That information shall include the evidence
statistics of bananas from Colombia and Peru. For that purpose,
available in accordance with Article 5(5).

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

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The Commission shall hear interested parties on further
with the Tariff Elimination Schedule, and such imports cause
occasions if there are special reasons therefor.
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
Colombia
or
Peru
in
writing of the initiation of an investigation and of the
2.
Where a Member State requests immediate intervention by
imposition of provisional or definitive safeguard measures.
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.
Article 6
Prior surveillance measures
3. Provisional
safeguard
measures
shall
not
apply
for
more
1. The
Commission
may
adopt
prior
surveillance
measures
in than 200 calendar days.
regard to imports from Colombia or Peru where:
(a) the trend in imports of a product is such that it could lead
4. Should
the
provisional
safeguard
measures
be
repealed
to one of the situations referred to in Articles 2 and 4; or
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 safeguard measures shall be refunded auto
matically.
(b) there is a surge of imports of bananas concentrated in one
or several Member States, or in one or several of the
Union's outermost regions.
5. Provisional
safeguard
measures
shall
apply
to
every
product which is put into free circulation after the date of
entry into force of those measures. However, such measures
2. The
Commission
shall
adopt
prior
surveillance
measures shall not prevent the release for free circulation of products
in accordance with the advisory procedure referred to in
already on their way to the Union where the destination of
Article 14(2).
such products cannot be changed.
3. Prior
surveillance
measures
shall
have
a
limited
period
of
validity. Unless otherwise provided, they shall cease to be valid
Article 8
at the end of the second six-month period following the first six
Termination of investigations and proceedings without
months after their introduction.
measures
1. Where
the
facts
as
finally
established
show
that
the
conditions set out in Article 2(1) are not met, the Commission
Article 7
shall adopt a decision terminating the investigation and
proceeding in accordance with the examination procedure
Imposition of provisional safeguard measures
referred to in Article 14(3).
1. 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 5(5) that there
2. The
Commission
shall
make
public,
with
due
regard
to
the
is sufficient prima facie evidence that imports of a product
protection of confidential information within the meaning of
originating in Colombia or Peru have increased as a result of
Article 12, a report setting out its findings and reasoned
the reduction or elimination of a customs duty in accordance
conclusions reached on all pertinent issues of fact and law.

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Article 9
any decision regarding an extension pursuant to paragraph 3 of
this Article shall be made in accordance with Articles 5,
Imposition of definitive safeguard measures
8 and 9.
1. 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 consul
tations in accordance with Article 49 of the Agreement. Where
6. The
total
duration
of
a
safeguard
measure
shall
not
exceed
no satisfactory solution has been reached within 45 days, the
four years, including any provisional safeguard measure.
Commission may adopt a decision imposing definitive safeguard
measures in accordance with the examination procedure
referred to in Article 14(3).
7. A
safeguard
measure
shall
not
be
applied
beyond
the
expiry of the transitional period.
2. The
Commission
shall
make
public,
with
due
regard
to
the
protection of confidential information within the meaning of
8. No
safeguard
measure
shall
be
applied
to
the
import
of
a
Article 12, a report containing a summary of the material facts
product that has previously been subject to such a measure,
and considerations relevant to the determination.
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.
Article 10
Duration and review of safeguard measures
Article 11
1. A
safeguard
measure
shall
remain
in
force
only
for
such
Outermost regions of the Union
period of time as may be necessary to prevent or remedy the
serious injury to Union industry and to facilitate adjustment.
Where any product originating in Colombia or Peru is being
That period shall not exceed two years, unless it is extended
imported in such increased quantities and under such
under paragraph 3.
conditions as to cause or threaten to cause serious deterioration
in the economic situation of one or several of the Union’s
outermost regions, as referred to in Article 349 TFEU, a
safeguard measure may be imposed, in accordance with this
Chapter.
2. A
safeguard
measure
shall
remain
in
force,
pending
the
outcome of the review under paragraph 3, during any extension
period.
Article 12
Confidentiality
1. Information
received
pursuant
to
this
Regulation
shall
be
3. The initial period of duration of a safeguard measure may
used only for the purpose for which it was requested.
exceptionally be extended by up to two years provided that the
safeguard measure continues to be necessary to prevent or
remedy serious injury to Union industry and to facilitate
adjustment, and that there is evidence that the Union industry
is adjusting.
2. Neither
information
of
a
confidential
nature
nor
any
information provided on a confidential basis received pursuant
to this Regulation shall be disclosed without the express consent
of the supplier of such information.
4. Any extension pursuant to paragraph 3 of this Article
shall be preceded by an investigation upon a request by a
Member State, by any legal person or any association not
3. Each
request
for
confidentiality
shall
state
the
reasons
why
having legal personality acting on behalf of the Union
the information is confidential. However, if the supplier of the
industry, or on the Commission's own initiative if there is
information requests that the information is not made public or
sufficient prima facie evidence that the conditions laid down
disclosed, in full or in summary form, and if that request is
in paragraph 3 of this Article are met, on the basis of factors
unjustified, the information concerned may be disregarded.
referred to in Article 5(5).
4. Information
shall
in
any
case
be
considered
to
be
confidential if its disclosure is likely to have a significantly
5. The
initiation
of
an
investigation
shall
be
published
in adverse effect upon the supplier or the source of such
accordance with Article 4(6) and (7). The investigation and
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
Report
1. The
Commission
shall
submit
an
annual
report
to
the 4. Where
reference
is
made
to
this
paragraph,
Article
8
of
European Parliament and to the Council on the application,
Regulation (EU) No 182/2011, in conjunction with Article 4
implementation and fulfilment of obligations of the
thereof, shall apply.
Agreement and of this Regulation.
2. The
report
shall
include
information
about
the
application 5. The
Committee
may
examine
matters
relating
to
the
appli
of provisional and definitive measures, prior surveillance
cation of this Regulation, raised by the Commission or at the
measures, regional surveillance and safeguard measures and
request of a Member State. Member States may request
the termination of investigations and proceedings without
information and may exchange views in the Committee or
measures.
directly with the Commission.
3. The
report
shall
include
information
on
the
activities
of
the various bodies responsible for monitoring the implemen
CHAPTER II
tation of the Agreement, including on fulfilment of obligations
STABILISATION MECHANISM FOR BANANAS
under Title IX of the Agreement and on activities with civil
society advisory groups.
Article 15
Stabilisation mechanism for bananas
4. The
report
shall
set
out
a
summary
of
the
statistics
and
1. For
bananas
originating
in
Colombia
or
Peru
falling
under
the evolution of trade with Colombia and Peru and shall include
heading 0803 00 19 of the Combined Nomenclature (fresh
up-to-date statistics on banana imports from Colombia and
Bananas, excluding plantains) and listed under the staging
Peru.
category ‘BA’ in the Tariff Elimination Schedule, a stabilisation
mechanism shall apply until 31 December 2019.
5. The
European
Parliament
may,
within
one
month
of
submission of the Commission's report, invite the Commission
to an ad hoc meeting of its responsible committee to present
2. A
separate
annual
trigger
import
volume
is
set
for
imports
and explain any issues related to the implementation of this
of products referred to in paragraph 1, as indicated in the
Regulation.
second and third columns of the table in the Annex. Once
the trigger volume for either Colombia or Peru is met during
the corresponding calendar year, the Commission shall, in
accordance with the urgency procedure referred to in
6. No
later
than
three
months
after
submitting
its
report
to Article 14(4), adopt an implementing act by which it may
the European Parliament and to the Council, the Commission
either temporarily suspend the preferential customs duty
shall make it public.
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 such suspension is not appropriate.
Article 14
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
17/9
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 in appli
IMPLEMENTING RULES
cation 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 Appendices 2A and 5 of Annex II (Concerning the
paragraphs 2 and 4, it shall immediately enter into consul
definition of the concept of ‘Originating Products’ and methods
tations with the affected country or countries to analyse and
of administrative co-operation) and Appendix 1 (Elimination of
evaluate the situation on the basis of available factual data.
Customs Duties) of Annex I to the Agreement shall be
Article 247a of Regulation (EEC) No 2913/92.
CHAPTER IV
FINAL PROVISIONS
6. The
application
of
the
stabilisation
mechanism
for
bananas set out in this Chapter is without prejudice to the
Article 17
application of any measures defined in Chapter I. Measures
taken pursuant to the provisions of both chapters shall not,
Entry into force
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 330 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 17/10
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 Section B of Appendix 1 of Annex I to the Agreement: for Colombia, Subsection 1 and for Peru,
Subsection 2
Year
Trigger import volume for Colombia,
Trigger import volume for Peru,
in tonnes
in tonnes
From 1 January until 31 December 2010 1
350
000 67
500
From 1 January until 31 December 2011 1
417
500 71
250
From 1 January until 31 December 2012 1
485
000 75
000
From 1 January until 31 December 2013 1
552
500 78
750
From 1 January until 31 December 2014 1
620
000 82
500
From 1 January until 31 December 2015 1
687
500 86
250
From 1 January until 31 December 2016 1
755
000 90
000
From 1 January until 31 December 2017 1
822
500 93
750
From 1 January until 31 December 2018 1
890
000 97
500
From 1 January until 31 December 2019 1
957
500 101
250
As from 1 January 2020 Not
applicable Not
applicable

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EN
19.1.2013 Official
Journal
of
the
European
Union L
17/11
COMMISSION STATEMENT
The Commission welcomes the first reading agreement between the European Parliament and the Council
on Regulation (EU) No 19/2013 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 Trade
Agreement between the European Union and its Member States, of the one part, and Colombia and
Peru, of the other part ( 1 ).
As envisaged in Regulation (EU) No 19/2013, the Commission will submit an annual report to the
European Parliament and to the Council on the implementation of the Agreement and will be ready to
discuss with the responsible committee of the European Parliament any issues arising from the implemen
tation 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 IX 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 stabilisation mechanism for bananas 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 to the Council and will 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 1 of this Official Journal.

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L 17/12
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 the Agreement and Regulation (EU) No 19/2013 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 Trade Agreement between the European Union and its Member States, of the one part,
and Colombia and Peru, of the other part ( 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 Colombia or Peru 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 19/2013 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 1 of this Official Journal

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Document Outline

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