The Trade Preference Scheme (Developing Countries Trading Scheme) Regulations 2023

PART 7 Warning and assessment procedure

Warning and assessment procedure

21.—(1) The Secretary of State must take the following steps before taking any specified action—

(a) publish a warning in accordance with regulation 22,

(b) carry out an assessment of the circumstances giving rise to the publication of a warning, in accordance with regulation 23, and

(c) publish the outcome of the assessment in accordance with regulation 24.

(2) The Secretary of State may follow a single warning and assessment procedure for more than one circumstance leading to the initiation of such a procedure if the Secretary of State considers this appropriate.

(3) For the purpose of this Part, a “specified action” means—

(a) the suspension of a country from the DCTS under regulation 16(5)(a)(i) or 17(1)(a)(i);

(b) the suspension of DCTS rates on specified DCTS goods originating from a qualifying DCTS country under regulation 16(5)(a)(ii) or 17(1)(a)(ii);

(c) the variation of DCTS rates on specified DCTS goods originating from a qualifying DCTS country under regulation 16(5)(b) or 17(1)(b);

(d) the application of a trade preference safeguard measure under regulation 19 except in a case where an urgent trade preference safeguard notice is published.

Warning

22.—(1) When publishing a warning in accordance with regulation 21(1)(a), the Secretary of State must include—

(a) details of the circumstances leading the Secretary of State to consider taking a specified action;

(b) the period within which representations may be made (“the representations period”) by—

(i) a qualifying DCTS country;

(ii) an interested party, where the specified action being considered is the suspension of a country from the DCTS, or the suspension or variation of DCTS rates on specified DCTS goods originating from a qualifying DCTS country under regulations 16(5) or 17(1);

(iii) a person or persons affected as defined in paragraph 3 of Schedule 4, where the specified action being considered is the application of a trade preference safeguard measure under regulation 19;

(c) the specified action or actions the Secretary of State may take after an assessment is carried out.

(2) The Secretary of State may—

(a) publish more than one warning (whether or not at the same time);

(b) specify different actions under paragraph (1)(c) in such warning.

(3) A warning is valid for a period which—

(a) begins with the day on which the warning is published;

(b) ends with the day on which the outcome of the assessment is published.

(4) For the purpose of this regulation a warning is published when it is posted electronically on https://www.gov.uk.

Assessment

23.—(1) When carrying out an assessment of the circumstances in accordance with regulation 21(1)(b), the Secretary of State must consider—

(a) whether the circumstances giving rise to the publication of a warning and specified in that warning continue to apply, and

(b) any representations received during the representations period.

(2) In relation to any assessment undertaken in accordance with regulation 16(6) and 17(2), the Secretary of State must also consider any remedial steps taken by the DCTS country.

(3) In relation to any assessment undertaken in accordance with paragraph 5 of Schedule 4, the Secretary of State must also consider whether the circumstances in paragraph 1(a) and (b) of Schedule 4 apply.

(4) The Secretary of State may take into account other available evidence that they consider to be relevant when carrying out an assessment.

Outcome and publication of assessment

24.—(1) Following the assessment carried out in accordance with regulation 23, the Secretary of State may consider it appropriate to—

(a) take no further action for the time being;

(b) issue a further warning;

(c) take a specified action or actions.

(2) The Secretary of State must publish the outcome of the assessment including details in relation to any of the consequences specified in paragraph (1).

(3) For the purpose of this regulation the outcome of an assessment is published when it is posted electronically on https://www.gov.uk.