The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019

Mid-term review

34.—(1) Where a definitive safeguarding remedy is intended to apply for more than three years, the TRA must initiate a review (a “mid-term review”) not later than half way through the intended duration of that remedy, to consider whether—

(a) its continuing application is necessary to—

(i) remove the serious injury, or to prevent further serious injury, caused by the importation of the goods subject to review in increased quantities, to UK producers; or

(ii) facilitate the adjustment by those UK producers to the importation of the goods subject to review in increased quantities; and

(b) an alternative definitive safeguarding amount or tariff rate quota would better meet the aim of—

(i) removing or preventing serious injury to UK producers; or

(ii) facilitating the adjustment by those UK producers to the importation of the goods subject to review in increased quantities.

(2) Where the TRA initiates a mid-term review, the TRA must—

(a) publish a notice of its determination to initiate a mid-term review (a “notice of initiation of a review”) containing the information referred to in paragraph 9 of the Schedule; and

(b) notify the Secretary of State and interested parties.

(3) In conducting a mid-term review, the TRA may consider, among other things—

(a) whether the circumstances under which the definitive safeguarding remedy was applied have changed significantly;

(b) whether it is likely that serious injury will recur if the definitive safeguarding remedy is revoked;

(c) whether serious injury has been removed or reduced, in whole or in part, due to the application of the definitive safeguarding remedy;

(d) information on progress in implementing the adjustment plan to help decide if the pace of liberalisation is appropriate.

(4) Following the conclusion of a mid-term review, the TRA may determine that the application of a definitive safeguarding remedy should be—

(a) maintained in accordance with the relevant public notice made under section 13 of the Act;

(b) varied in respect of its level, form or pace of liberalisation; or

(c) revoked.