Safeguards jurisdictional comparator

Published by a LexisNexis International Trade expert
Practice notes

Safeguards jurisdictional comparator

Published by a LexisNexis International Trade expert

Practice notes
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This Practice Note provides a comparison of the main differences between the EU, UK and the US in conducting safeguard investigations.

EUUKUS
Has the Agreement on Safeguards been incorporated into national law?The EU has implemented EU legislation to incorporate the provisions of the Agreement on Safeguards. It uses three regulations to do so. Regulation (EU) 2015/755 regulates safeguard investigations from certain countries, these being Azerbaijan, Belarus, Kazakhstan, North Korea, Turkmenistan and Uzbekistan. Regulation (EU) 2015/478 regulates safeguard investigations for all other countries. The EU also employs Regulation (EU) 2015/936 for textile products imported from third countries which are not covered by bilateral agreements, protocols or other arrangements.This comparator makes use of Regulation (EU) 2015/478.The UK has implemented legislation to incorporate the provisions of the Agreement on Safeguards provisions into UK law. Schedule 5 to the Taxation (Cross-border Trade) Act 2018 sets out how to conduct a safeguard investigation and when safeguard duties may be imposed. The Trade Remedies (Increase in Import Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 contain regulations relevant
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Jurisdiction(s):
United Kingdom

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