Apart from anti-dumping and anti-subsidy measures, imports into the EU from third countries may also be subject to safeguard measures in the form of quantitative restrictions or other restrictive measures. The EU Safeguard Regime consists of four basic regulations which implement in Community law the provisions of Article XIX of the GATT 1994. In accordance with the EU Safeguard Regime, the adoption of safeguard measures is authorized where a product is imported into the European Union in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to the Community producers of like or directly competing products. The duration of the safeguard measures must be limited to the period of time necessary to prevent or remedy serious injury and to facilitate adjustment on the part of the Community producers. When the duration of a safeguard measure exceeds one year, the measure must be progressively liberalized at regular intervals throughout the period of its application. Safeguard measures are normally imposed for a period of four years, and they can be extended only following an additional investigation undertaken by the Community authorities. If extended, the measures may not be more restrictive than the original measures, and may not exceed an additional period of four years. Van Bael & Bellis has been involved in most of the few safeguard investigations initiated by the European Commission in the last few years, including the 2002 investigation concerning steel products and the 2004 investigation concerning imports of farmed salmon. Van Bael & Bellis’ assistance includes completion of questionnaire responses, drafting of injury submissions, preparation of and attendance at on-the-spot verifications by Commission officials, representation of clients at hearings before Commission officials and lobbying at all levels of the Commission and Member State administrations. Click here to view a list of safeguard cases handled by members of Van Bael & Bellis. |
