The Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024
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Change 1
34 TRA's recommendation to the Secretary of State
(1) The TRA must make a recommendation to the Secretary of State, where it determines that the application of a definitive bilateral safeguarding remedy should be extended or otherwise varied, revoked or replaced. (2) Where in relation to a review the TRA considers that there are two or more options which it could recommend under paragraph (1), it may give the Secretary of State each of those options as part of its recommendation. (3) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)— (a) where the TRA considers that the extension or other variation of the application of the definitive bilateral safeguarding remedy, or the replacement of the definitive bilateral safeguarding remedy, in accordance with its proposed recommendation would not meet the economic interest test (see paragraph 23 of Schedule 5 to the Act); (b) where the TRA otherwise considers that it is appropriate. (4) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend, it must give the Secretary of State its reasons for reaching that conclusion. (5) Where the TRA gives the Secretary of State options, it must— (a) give the Secretary of State its reasons for including each option, and (b) inform the Secretary of State which option it prefers and why. (6) Where the TRA makes a recommendation under paragraph (1) to extend or otherwise vary the application of a definitive bilateral safeguarding remedy or to replace that remedy, it must advise the Secretary of State whether and why it considers that the extension, variation or replacement of the application of that definitive bilateral safeguarding remedy in accordance with its recommendation, or in accordance with each option given under paragraph (2), as the case may be, would meet the economic interest test. (7) Before making a recommendation that the application of a definitive bilateral safeguarding remedy be extended or otherwise varied or replaced, where the recommendation comprises or includes varying, or providing for, the allocation of a tariff rate quota, the TRA must consult the Secretary of State regarding the proposed allocation. (8) The TRA's recommendation must include— (a) a description of the goods to which the recommendation relates; (b) the reasons for its recommendation; (c) where relevant, the recommended period for which the definitive bilateral safeguarding remedy should be applicable which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation; (d) information which the TRA considers is likely to be relevant to the Secretary of State's decision as to whether it would not be in the public interest to accept the TRA's recommendation (see regulation 35); (e) any other information which the TRA considers relevant.
34 TRA's recommendation to the Secretary of State
(1) The TRA must make a recommendation to the Secretary of State, where it determines that the application of a definitive bilateral safeguarding remedy should be extended or otherwise varied, revoked or replaced. (2) Where in relation to a review the TRA considers that there are two or more options which it could recommend under paragraph (1), it may give the Secretary of State each of those options as part of its recommendation. (3) The TRA must consider whether it could give the Secretary of State two or more options as part of its recommendation under paragraph (1)— (a) where the TRA considers that the extension or other variation of the application of the definitive bilateral safeguarding remedy, or the replacement of the definitive bilateral safeguarding remedy, in accordance with its proposed recommendation would not meet the economic interest test (see paragraph 23 of Schedule 5 to the Act); (b) where the TRA otherwise considers that it is appropriate. (4) Where, after considering whether it could give the Secretary of State two or more options as part of its recommendation in accordance with paragraph (1), the TRA considers that there is only one option which it could reasonably recommend, it must give the Secretary of State its reasons for reaching that conclusion. (5) Where the TRA gives the Secretary of State options, it must— (a) give the Secretary of State its reasons for including each option, and (b) inform the Secretary of State which option it prefers and why. (6) Where the TRA makes a recommendation under paragraph (1) to extend or otherwise vary the application of a definitive bilateral safeguarding remedy or to replace that remedy, it must advise the Secretary of State whether and why it considers that the extension, variation or replacement of the application of that definitive bilateral safeguarding remedy in accordance with its recommendation, or in accordance with each option given under paragraph (2), as the case may be, would meet the economic interest test. (7) Before making a recommendation that the application of a definitive bilateral safeguarding remedy be extended or otherwise varied or replaced, where the recommendation comprises or includes varying, or providing for, the allocation of a tariff rate quota, the TRA must consult the Secretary of State regarding the proposed allocation. (8) The TRA's recommendation must include— (a) a description of the goods to which the recommendation relates; (b) the reasons for its recommendation; (c) where relevant, the recommended period for which the definitive bilateral safeguarding remedy should be applicable which must begin on the day after the date of publication of the public notice under section 13 of the Act giving effect to the recommendation; (d) information which the TRA considers is likely to be relevant to the Secretary of State's decision as to whether it would not be in the public interest to accept the TRA's recommendation (see regulation 35); (e) any other information which the TRA considers relevant.
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