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Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other
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This is the original version as it was originally adopted in the EU.
This legislation may since have been updated - see the latest available (revised) version
For the purposes of this Regulation:
‘product’ means a good originating in the Union or in a Central American country. A product subject to an investigation may cover one or several tariff lines or a sub-segment thereof depending on the specific market circumstances, or any product segmentation commonly applied in the Union industry;
‘interested parties’ means parties affected by the imports of the product in question;
‘Union industry’ means the Union producers as a whole of the like or directly competitive products, operating within the territory of the Union, Union producers whose collective output of the like or directly competitive products constitutes a major proportion of the total Union production of those products, or, where a like or a directly competitive product is only one of several products that are made by the Union producers, the specific operations that are involved in the production of the like or directly competitive product;
‘serious injury’ means a significant overall impairment;
‘threat of serious injury’ means serious injury that is clearly imminent;
‘serious deterioration’ means significant disturbances in a sector or in Union industry;
‘threat of serious deterioration’ means significant disturbances that are clearly imminent;
‘transitional period’ means ten years from the date of application of the Agreement, for a product for which the Schedule of the EU Party, as set out in Annex I (Elimination of Customs Duties) to the Agreement (‘Tariff Elimination Schedule’) provides for a tariff elimination period of less than ten years, or the tariff elimination period plus three years for a product for which the Tariff Elimination Schedule provides for a tariff elimination period of ten or more years;
‘Central American country’ means Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua or Panama.
A determination of the existence of a threat of serious injury within the meaning of point (e) of the first paragraph shall be based on verifiable facts and not merely on an allegation, a conjecture or a remote possibility. In order to determine the existence of a threat of serious injury, forecasts, estimations and analyses made on the basis of factors referred to in Article 5(5), shall, inter alia, be taken into account.
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