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Official Journal EN
of the European Union L series
2024/2634 4.10.2024
COMMISSION DELEGATED REGULATION (EU) 2024/2634
of 29 July 2024
amending Regulation (EU) 2019/287 of the European Parliament and of the Council as regards
specific provisions contained in the Economic Partnership Agreement between the European Union
and the Republic of Kenya
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2019/287 of the European Parliament and of the Council of 13 February 2019
implementing bilateral safeguard clauses and other mechanisms allowing for the temporary withdrawal of preferences in
certain trade agreements concluded between the European Union and third countries(1), and in particular Article 15
thereof,
Whereas:
(1) Regulation (EU) 2019/287 lays down provisions for the implementation of bilateral safeguard clauses and other
mechanisms allowing for the temporary withdrawal of preferences in certain trade agreements concluded between
the European Union and one or more third countries. The provisions of Regulation (EU) 2019/287 do not affect
any specific provisions contained in those trade agreements, where such provisions are not in accordance with that
Regulation. Such specific provisions contained in certain trade agreements are listed in the Annex to Regulation
(EU) 2019/287.
(2) The European Union and Kenya have concluded an Economic Partnership Agreement(2) containing certain
provisions on bilateral safeguards that are not in accordance with Regulation (EU) 2019/287. Therefore, the Annex
to Regulation (EU) 2019/287 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The text in the Annex to this Regulation is added to the text in the Annex to Regulation (EU) 2019/287.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 July 2024.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 53, 22.2.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/287/oj.
(2) OJ L, 2024/1648, 1.7.2024, ELI: http://data.europa.eu/eli/agree_internation/2024/1648/oj.
ELI: http://data.europa.eu/eli/reg_del/2024/2634/oj 1/4EN
OJ L, 4.10.2024
ANNEX
Economic Partnership Agreement between the European Union, of the one part, and the Republic of
Kenya, Member of the East African Community, of the other Part
Date of Application 1.7.2024
Bilateral safeguard clauses and/or other
Title VI Trade Defence Measures
mechanisms
Provision(s) contained in the Article 50.1
Agreement
‘1. After having examined alternative solutions, a Party may apply safeguard
measures of limited duration which derogate from Articles 10 and 11 under the
conditions and in accordance with the procedures laid down in this Article.’
Article 50.2
‘2.
Safeguard measures referred to in paragraph 1 may be taken where a product
originating in one Party is being imported into the territory of the other Party in
such increased quantities and under such conditions as to cause or threaten to
cause:
(a) serious injury to the domestic industry producing like or directly competitive
products in the territory of the importing Party;
(b) disturbances in a sector of the economy, particularly where those disturbances
produce major social problems, or difficulties which could bring about a
serious deterioration in the economic situation of the importing Party; or
(c) disturbances in the markets of like or directly competitive agricultural
products(*)or in the mechanisms regulating those markets.
_____________
(*) For the purpose of this article, agricultural products are those covered by
Annex I to the WTO Agreement on Agriculture.’
Article 50.3(b) and (c)
‘3.
Safeguard measures referred to in this Article shall not exceed what is necessary to
remedy or prevent the serious injury or disturbances, as defined in paragraphs 2
and 5(b). The safeguard measures of the importing Party may only consist of one
or more of the following:
(b) an increase in the customs duty on the product concerned up to a level which
does not exceed the customs duty applied to other WTO members; and
(c) the introduction of tariff quotas on the product concerned.’
Article 50.4
‘4. Without prejudice to paragraphs 1 to 3, where any product originating in
the EAC Partner State(s) is being imported in such increased quantities and under
such conditions as to cause or threaten to cause one of the situations referred to
under paragraph 2 to one or several of the EU outermost regions, the EU may take
surveillance or safeguard measures limited to the region or regions concerned in
accordance with the procedures laid down in paragraphs 6 to 9.’
2/4 ELI: http://data.europa.eu/eli/reg_del/2024/2634/ojEN
OJ L, 4.10.2024
Article 50.5
‘5. (a) Without prejudice to paragraphs 1 to 3, where any product originating in
the EU is being imported in such increased quantities and under such
conditions as to cause or threaten to cause one of the situations referred
to in paragraph 2 to the EAC Partner State(s), the EAC Partner State(s)
may take surveillance or safeguard measures limited to their territory in
accordance with the procedures laid down in paragraphs 6 to 9.
(b) The EAC Partner State(s) may take safeguard measures, in accordance
with the procedures laid down in paragraphs 6 to 9, where a product
originating in the EU as a result of the reduction of duties is being
imported into their territory in such increased quantities and under such
conditions as to cause or threaten to cause disturbances to an infant
industry producing like or directly competitive products. Such provision
is only applicable for a period of ten (10) years from the date of entry into
force of this Agreement. This period may be extended by the EPA Council
for a period of a maximum of five (5) years.’
Article 50.6
‘6. (a) Safeguard measures referred to in this Article shall be maintained only for
such a time as may be necessary to prevent or remedy serious injury or
disturbances as defined in paragraphs 2, 4 and 5.
(b) Safeguard measures referred to in this Article shall not be applied for a period
exceeding two (2) years. Where the circumstances warranting the imposition
of safeguard measures continue to exist, such measures may be extended for a
further period of no more than two (2) years. Where the EAC Partner State(s)
apply a safeguard measure, or where the EU applies a safeguard measure
limited to the territory of one or more of its outermost regions, such measure
may nevertheless be applied for a period not exceeding four (4) years and,
where the circumstances warranting the imposition of safeguard measures
continue to exist, may be extended for a further period of four (4) years.
(c) Safeguard measures referred to in this Article that exceed one (1) year shall
contain clear elements progressively leading to their elimination by the end
of the set period, at the latest.
(d) No safeguard measure referred to in this Article shall be applied to the import
of a product that has previously been subject to such a measure for a period of
at least one (1) year since the expiry of the measure.’
Article 50.7
‘7.
For the implementation of paragraphs 1 to 6, the following provisions shall apply:
(a) where a Party takes the view that one of the circumstances set out in
paragraphs 2, 4 or 5 exists, it shall immediately refer the matter to the
Committee of Senior Officials for examination;
(b) the Committee of Senior Officials may make any recommendation needed to
remedy the circumstances which have arisen; if no recommendation has been
made by the Committee of Senior Officials aimed at remedying the
circumstances, or no other satisfactory solution has been reached within
thirty (30) days of the matter being referred to the Committee of Senior
Officials, the importing Party may adopt the appropriate measures to remedy
the circumstances in accordance with this Article;
ELI: http://data.europa.eu/eli/reg_del/2024/2634/oj 3/4EN
OJ L, 4.10.2024
(c) before taking any measure provided for in this Article or, in the cases to which
paragraph 8 of this Article applies, as soon as possible, the EAC Partner
State(s) shall supply the Committee of Senior Officials with all relevant
information required for a thorough examination of the situation, with a view
to seeking a solution acceptable to the Parties concerned;
(d) in the selection of safeguard measures pursuant to this Article, priority must
be given to those which least disturb the operation of this Agreement;
(e) any safeguard measure taken pursuant to this Article shall be notified in
writing immediately to the Committee of Senior Officials and shall be the
subject of periodic consultations within that body, particularly with a view to
establishing a timetable for their abolition as soon as circumstances permit.’
Article 50.8
‘8. Where exceptional circumstances require immediate action, the importing
Party concerned may take the measures provided for in paragraph 3, 4 or 5 on a
provisional basis without complying with the requirements of paragraph 7. Such
action may be taken for a maximum period of one hundred and eighty (180) days
where measures are taken by the EU, and of two hundred (200) days where
measures are taken by the EAC Partner State(s) or where measures taken by the EU
are limited to the territory of one or more of its outermost regions. The duration of
any such provisional measure shall be counted as a part of the initial period and
any extension referred to in paragraph 6. In the taking of such provisional
measures, the interest of all Parties involved shall be taken into account, including
their level of development. The importing Party concerned shall inform the other
Party and shall immediately refer the matter to the Committee of Senior Officials
for examination.’
Article 50.9
‘9. If an importing Party subjects imports of a product to an administrative
procedure having as its purpose the rapid provision of information on the trend
of trade flows liable to give rise to the problems referred to in this Article, it shall
inform the Committee of Senior Officials without delay.’
Article 50.10
‘10. The WTO Agreement shall not be invoked to preclude a Party from
adopting safeguard measures in conformity with this Article.’
4/4 ELI: http://data.europa.eu/eli/reg_del/2024/2634/oj