Chapter III, Article 12 · Regulation (EU) 2016/400

Contents

Article 12Anti-circumvention mechanism for certain agricultural products and processed agricultural products#

1.An average annual import volume is set for imports of products listed in Annex XV-C to the Agreement, which are subject to the anti-circumvention mechanism set out in Article 148 thereof. On duly justified imperative grounds of urgency, related to the import volume of one or more categories of products that reach the volume indicated in Annex XV-C to the Agreement in any given year starting on 1 January, and unless it has received a sound justification from the Republic of Moldova, the Commission shall adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 13(5) of this Regulation. By such act, the Commission may decide either to temporarily suspend the preferential duty applied to the product or products concerned or that such suspension is not appropriate.

2.The temporary suspension of the preferential duty shall be applicable for a maximum period of 6 months from the date of publication of the decision to suspend the preferential duty. Before the expiry of that 6-month period and on duly justified imperative grounds of urgency relating to the suspension of the preferential duties, the Commission may adopt an immediately applicable implementing act in accordance with the procedure referred to in Article 13(5) in order to lift the temporary suspension of the preferential duty if it is satisfied that the volume of the relevant category of products imported in excess of the volume referred to in Annex XV-C to the Agreement results from a change in the level of production and export capacity of the Republic of Moldova for the product or products concerned.

3.The application of the mechanism set out in this Chapter is without prejudice to the application of any measures defined in Chapter II. Measures taken pursuant to the provisions of both chapters shall not, however, be applied simultaneously to the same product or products.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Defined terms · 6

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interested parties
means parties affected by the imports of the product in question;
product
means a good originating in the Union or in the Republic of Moldova;
serious injury
means, when referring to the position of Union industry, a significant overall impairment to it;
threat of serious injury
means, when referring to the position of Union industry, a serious injury that is clearly imminent;
transitional period
means a period of 10 years from the entry into force of the Agreement.
Union industry
means the Union producers as a whole of the like or directly competitive products, operating within the territory of the Union, or Union producers whose 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 Union industry is understood in relation to the specific operations that are involved in the production of the like or directly competitive product;

Regulation (EU) 2016/400

Article 12Anti-circumvention mechanism for certain agricultural products and processed agricultural products#

Defined terms · 6

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Article 12Anti-circumvention mechanism for certain agricultural products and processed agricultural products#

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