Chapter VI, Article 23 · Regulation (EU) 2026/1395

Contents

Article 23 #

1.The preferential arrangements referred to in Article 1(2) may be withdrawn temporarily, in respect of all or of certain products originating in a beneficiary country, for any of the following reasons:

(a)serious and systematic violation of principles laid down in the relevant conventions;

(b)export of goods made by internationally prohibited child labour and forced labour, including slavery and prison labour;

(c)serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or serious failure to comply with international conventions on antiterrorism or anti-money laundering;

(d)serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country;

(e)serious and systematic infringement of the objectives adopted by regional fisheries management organisations or any international arrangements to which the Union is a party concerning the conservation and management of fishery resources.

For those unfair trading practices, as referred to in point (d) of the first subparagraph, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body.

10.Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 45, to amend Annexes I and II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). When preparing the delegated act, the Commission shall, on the basis of available information, carry out an analysis of the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.

11.The adopted implementing or delegated act referred to in paragraph 9 or 10, respectively, shall be based on, inter alia, evidence collected and received.

12.Where the Commission decides to temporarily withdraw tariff preferences, the delegated act referred to in paragraph 10 shall become applicable six months from the date of its adoption.

13.After the adoption of the delegated act referred to in paragraph 10 of this Article, the Commission shall continue, where appropriate, the dialogue initiated within the framework of the enhanced engagement under Article 20. In the absence of such engagement, the Commission may pursue other means of dialogue.

14.Where the reasons justifying temporary withdrawal no longer apply before the delegated act referred to in paragraph 10 of this Article becomes applicable, the Commission shall be empowered to repeal the adopted delegated act to temporarily withdraw the tariff preferences in accordance with the urgency procedure referred to in Article 46.

15.Where the Commission considers that in exceptional circumstances, such as a global health or sanitary emergency, natural disasters or other unforeseen events, it is appropriate to review the scope of the temporary withdrawal, postpone or suspend the application of the temporary withdrawal, the Commission is empowered to amend the delegated act referred to in paragraph 10 of this Article in accordance with the urgency procedure referred to in Article 46.

16.The Commission is empowered to adopt delegated acts, in accordance with Article 45, to supplement this Regulation by establishing rules related to the procedure for temporary withdrawal of all preferential arrangements referred to in Article 1(2) in particular with respect to deadlines, rights of parties, confidentiality, and review of any measures adopted.

17.The Commission shall initiate the procedure for temporary withdrawal in accordance with paragraphs 3 to 16 where it considers that:

(a)there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a); and

(b)there are duly justified imperative grounds of urgency such as exceptionally grave violations of the principles referred to in paragraph 1, point (a), which require a rapid response in view of the specific circumstances in the beneficiary country and which would be difficult to address by using the procedure referred to in paragraph 3.

In the procedure under this paragraph, the period referred to in paragraph 5 shall be reduced to two months and the deadline referred to in paragraph 8 shall be reduced to five months.

18.Where the Commission decides to temporarily withdraw tariff preferences pursuant to paragraph 17 of this Article, the delegated act referred to in paragraph 10 of this Article shall be adopted in accordance with Article 46 and shall apply one month from its publication in the Official Journal of the European Union.

2.Paragraph 1, point (d), of this Article shall not apply with respect to products of a beneficiary country that are subject to anti-dumping or countervailing measures under Regulation (EU) 2016/1036 of the European Parliament and of the Council^note or Regulation (EU) 2016/1037 of the European Parliament and of the Council^note.

3.Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article and taking into account, where applicable, the enhanced engagement referred to in Article 20, it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 48(2). Where the Commission considers that there are sufficient grounds justifying the temporary withdrawal of tariff preferences on the basis of Article 22(3), point (a), it shall adopt an implementing act, in accordance with the advisory procedure referred to in Article 48(2), to initiate the temporary withdrawal procedure. Where the Commission considers that there are sufficient grounds justifying the temporary withdrawal of tariff preferences on the basis of Article 22(3), point (b), it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the examination procedure referred to in Article 48(3). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act.

4.The Commission shall publish a notice in the Official Journal of the European Union announcing the initiation of a temporary withdrawal procedure and shall notify the beneficiary country concerned of the adoption of the implementing act referred to in paragraph 3. The notice shall:

(a)provide sufficient grounds in relation to the implementing act to initiate a temporary withdrawal procedure, referred to in paragraph 3; and

(b)state that the Commission will monitor and evaluate the situation in the beneficiary country concerned during the monitoring and evaluation period referred to in paragraph 5 of this Article and, where appropriate, continue the dialogue initiated within the framework of the enhanced engagement under Article 20.

5.The Commission shall carry out monitoring and evaluation during a period of six months from the publication of the notice referred to in paragraph 4. The Commission shall provide the beneficiary country concerned with every opportunity to engage and cooperate any time during that period.

6.The Commission shall seek all information it considers necessary, including the available assessments, comments, decisions, recommendations and conclusions of the relevant monitoring bodies, and relevant information from other sources, including evidence submitted through a complaint or provided by third parties, as appropriate. In drawing its conclusions, the Commission shall assess all relevant information, including from civil society.

7.Within three months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month.

8.Within six months from the expiry of the period referred to in paragraph 5, the Commission shall decide:

(a)to terminate the temporary withdrawal procedure; or

(b)to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2).

9.Where the Commission considers that the findings do not justify temporary withdrawal, it shall adopt an implementing act, in accordance with the advisory procedure referred to in Article 48(2), on the termination of the temporary withdrawal procedure.

Article 23#

Article 23 #