Chapter VII, Section III, Article 37 · Regulation (EU) 2026/1395

Contents

Article 37 #

1.Without prejudice to Section I of this Chapter, products listed in Chapters 1 to 24 of the Common Customs Tariff as laid down in Regulation (EEC) No 2658/87, originating in beneficiary countries, may be subject to a special surveillance mechanism, in order to avoid disturbance to Union markets. In relation to specific products, special surveillance shall be launched at the request of a Member State or may be launched by the Commission.

2.Where the results of the special surveillance of products under this Article confirm disturbance to Union markets, the Commission, after consulting the Committee for the relevant agriculture or fisheries common market organisation, shall adopt an implementing act in accordance with the examination procedure referred to in Article 48(3), in order to apply Common Customs Tariff duties to the products under surveillance. The removal of the tariff preferences shall become applicable from the day following that of publication of the relevant implementing act in the Official Journal of the European Union.

3.When assessing disturbance to Union markets under paragraph 1, the Commission shall take into consideration all relevant market developments, including the impact of the total imports concerned on the situation of the Union market. That assessment shall include factors such as the impact of imports concerned on the Union price level, the impact of imports from other sources, an upsurge of imports from a beneficiary country, as well as the impact of imports on the overall stability of the Union market for the relevant product.

4.The Commission assessment referred to in paragraph 3 shall take no longer than six months. The period for that assessment may, where necessary, be extended by a maximum of six months.

5.The Common Customs Tariff duties shall be reintroduced for a period of 12 months. The period of reintroduction of those duties may be extended where necessary to counteract the disturbance to the relevant Union markets.

Defined terms · 13

Show every defined term

beneficiary countries
means countries benefitting from any of the preferential arrangements under the GSP;
Common Customs Tariff duties
means the customs duties specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87, except those duties established as part of tariff quotas;
complaint
means a complaint submitted to the Commission through the Single Entry Point (SEP).
countries
means countries and territories that have a customs administration;
effective implementation
means the integral implementation of the undertakings and obligations undertaken under the relevant conventions, thus ensuring fulfilment of the principles, objectives and rights guaranteed in the relevant conventions in the beneficiary country’s entire territory, including in any areas of that territory that the beneficiary country has designated as a special economic zone or an export processing zone;
enhanced engagement
means a continuous process aiming to facilitate and incentivise beneficiary countries to make progress in the implementation of the conditions set out in this Regulation, or to address shortcomings in respecting the principles of the relevant conventions;
interested parties
includes those parties involved in the production, distribution or sale of the imported products referred to in paragraph 1 and of like products or directly competing products.
least-developed countries
means least-developed countries designated as such by the UN;
like product
means a product which is identical, that is to say alike in all respects, to the product under consideration, or, in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.
plan of action
means a list of measures provided by a GSP+ requesting country to effectively implement the relevant conventions;
preferential market access arrangement
means preferential access to the Union market through a trade agreement, either provisionally applied or in force, or through autonomous preferences granted by the Union;
Sensitive/non-sensitive
refers to the products included in the standard GSP (Article 6).
standard GSP beneficiary countries
means countries benefitting from the standard GSP as listed in Annex I and identified as such in column C thereof;

Article 37#

Article 37 #