Article 5 · Regulation (EU) 2026/1384

Contents

Article 5 #

1.The Commission shall adopt implementing acts laying down the country distribution of the tariff quotas listed in Annex II, taking into account the Union interest and, as applicable, the following elements:

(a)tariff quota levels equivalent to the import market share that prevailed in the Union steel market in 2013;

(b)tariff quotas per product category based on the share of imports that each product category held over the period 2022-2024, calculated as a share of the tariff quota levels referred to in point (a);

(c)existing and future free trade agreements covering in their scope any of the product categories listed in Annex I;

(d)trade-distorting effects of third-country measures impacting the Union steel market;

(e)whether a third country is found to be in breach of ILO conventions or multilateral environmental agreements;

(f)any international agreement concluded by the Union under Article XXVIII of the GATT 1994 concerning the tariff quotas opened in relation to product categories listed in Annex I;

(g)any international agreement or non-binding international understanding addressing the levels of global overcapacity for the product categories listed in Annex I;

(h)diversification of sources of supply;

(i)the situation of a Union candidate country facing an exceptional and immediate security situation, in particular where it previously benefitted from preferential access to the Union steel market for the product categories listed in Annex I;

(j)information gathered in application of Article 4.

2.Where the Commission has applied bilateral safeguard measures pursuant to Article 6 which entail tariff quotas, the implementing acts referred to in paragraph 1 of this Article shall not distribute an amount of tariff quotas corresponding to the tariff quotas opened as part of those bilateral safeguard measures.

3.Where restrictive measures adopted pursuant to Article 29 TEU and Article 215 TFEU prohibit the import from third countries of one or more product categories listed in Annex I to this Regulation, the implementing acts referred to in paragraph 1 of this Article shall not distribute tariff quotas to those third countries for those product categories.

4.The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 7(2). The first of those implementing acts shall apply from 1 July 2026.

5.On duly justified imperative grounds of urgency relating to the need to ensure that tariff quotas listed in Annex II are distributed by 1 July 2026, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 7(3).

Article 5#

Article 5 #