- Latest available (Revised)
- Original (As made)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
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) [F1Where the TRA decides to initiate a mid-term review under paragraph (1), the TRA must notify the Secretary of State that it intends to initiate a mid-term review and, after the relevant interval, must take the following steps in the order in which they are set out—]
[F2(aa)initiate the review;]
(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.
[F3(2A) In paragraph (2), the “relevant interval” is the period of two working days beginning with the first working day after the day on which the TRA notifies the Secretary of State of its intention to initiate the review.]
(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 F4...; or
(c)revoked.
[F5(5) Where the TRA proposes to make a determination under paragraph (4)(a) the TRA must notify the Secretary of State of its proposed determination.
(6) Where the Secretary of State has been notified in accordance with paragraph (5), the Secretary of State may, within the relevant period (and subject to paragraph (7)), request that the TRA reassess its proposed determination by reference to any matter specified in the request.
(7) The Secretary of State may only make a request under paragraph (6) where the Secretary of State considers that—
(a)there is information that the TRA did not take into account in its review that is relevant to the proposed determination;
(b)the TRA has made an error in relation to its proposed determination; or
(c)exceptional circumstances make the request appropriate.
(8) The TRA must comply with a request under paragraph (6).
(9) The TRA may not make its proposed determination until—
(a)the relevant period has ended; or
(b)if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (6), the time when the TRA receives that information.
(10) For the purposes of paragraphs (6) and (9), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question.]
Textual Amendments
F1Words in reg. 34(2) substituted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(a)(i) (with reg. 2)
F2Reg. 34(2)(aa) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(a)(ii) (with reg. 2)
F3Reg. 34(2A) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(b) (with reg. 2)
F4Words in reg. 34(4)(b) omitted (1.3.2020) by virtue of The Trade Remedies (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/99), regs. 1, 4
F5Reg. 34(5)-(10) inserted (25.9.2023) by The Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/954), regs. 1(2), 8(c) (with reg. 2)
Commencement Information
I1Reg. 34 in force at 6.3.2019 with effect in accordance with reg. 1(3)-(8), see reg. 1(2)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: