The Trade Preference Scheme (EU Exit) Regulations 2020

Warning and Assessment Procedure U.K.

26.—(1) Before taking an action specified in paragraph (2), the Secretary of State—

(a) must follow the warning and assessment procedure specified in paragraph (3) unless otherwise stated in paragraph 2;

(b) may follow a single warning and assessment procedure for more than one circumstance requiring such a procedure under these Regulations, if the Secretary of State considers this appropriate;

(c) must follow procedures specified as mandatory in a particular case, in a notice published as provided for by paragraph (4); and

(d) may follow procedures specified as discretionary in a particular case in that notice.

(2) The actions specified for the purposes of paragraph (1) are—

(a) the suspension of a country from the EF, as provided for under regulation 19;

(b) the suspension of a country from the GSP, or the suspension or variation of GSP rates on certain GSP goods originating from that country under regulation 21, except in a case where regulation 21(4) applies ; or

(c) the application of a trade preference safeguard measure on GSP goods under regulation 23 except in a case where an urgent trade safeguard notice is published.

(3) The Secretary of State must take the following steps by way of a warning and assessment procedure—

(a) publish a warning notice;

(b) in the case where the actions referred to in paragraph (2)(a) and (b) are being considered, notify the warning notice to the affected GSP country;

(c) carry out an assessment of the circumstances giving rise to the publication of a warning notice;

(d) consider in carrying out an assessment—

(i) whether the circumstances giving rise to the issue of a warning notice and specified in that notice, continue to apply;

(ii) representations received;

(iii) in the case of the actions referred to in paragraph (2)(a) and (b), remedial steps taken by the GSP country, relating to the circumstances, since the service of the warning notice; and

(iv) in the case of a trade preference safeguard measure, whether the circumstances in paragraph 1(a) and (b) of Schedule 4 apply;

(e) conclude the assessment after the end of the representations period or after any other period specified in the warning notice;

(f) publish an assessment notice, before the expiry of the validity period (including one extended under regulation 27(3)(c) in a relevant warning notice; and

(g) in a case where the actions referred to in paragraph (2)(a) and (b) are being considered, notify the assessment notice to the affected GSP country.

(4) The Secretary of State may—

(a) publish a notice making further provision for procedures in relation to warning and assessment, including—

(i) procedures that must or may be followed by the Secretary of State; or

(ii) procedures that qualifying GSP countries or other persons must follow in order to submit evidence or make representations; and

(b) take into account, when carrying out an assessment, other evidence that the Secretary of State considers to be relevant and reasonably available.

Commencement Information

I1 Reg. 26 not in force at made date, see reg. 1(2)

I2 Reg. 26 in force at 31.12.2020 by S.I. 2020/1643, reg. 2, Sch.