Law

The Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024

United Kingdom · regulation

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In force since 2024-05-13, as the publisher states.

Copy read on 2026-11-10. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 58 provisions

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58 provisions

40 Conduct

Parts 2 to 5 apply to the international dispute investigation to the extent the TRA considers relevant.

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41 Determination

(1) The TRA must determine whether the application to goods of the definitive bilateral safeguarding remedy should be maintained, varied, or revoked in light of the international dispute decision. (2) The TRA may make different determinations for different goods or descriptions of goods.

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42 Determination to maintain

(1) This regulation applies if the TRA proposes to determine that the application to goods of a definitive bilateral safeguarding remedy should be maintained. (2) Where the TRA proposes to make a determination referred to in paragraph (1) the TRA must notify the Secretary of State of its proposed determination. (3) Where the Secretary of State has been notified in accordance with paragraph (2), the Secretary of State may, within the relevant period (and subject to paragraph (4)), request that the TRA reassess its proposed determination by reference to any matter specified in the request. (4) The Secretary of State may only make a request under paragraph (3) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the proposed determination, (b) the TRA has made an error in relation to its proposed determination, or (c) exceptional circumstances make the request appropriate. (5) The TRA must comply with a request under paragraph (3). (6) The TRA may not make a determination that the application to goods of a definitive bilateral safeguarding remedy should be maintained until— (a) the relevant period has ended, or (b) if the Secretary of State informs the TRA within the relevant period that the Secretary of State will not make a request under paragraph (3), the time when the TRA receives that information. (7) For the purposes of paragraphs (3) and (6), the “relevant period” is the period of 21 days beginning with the day on which the TRA notifies the Secretary of State that it proposes to make the determination in question. (8) If the TRA determines that the application to goods of a definitive bilateral safeguarding remedy should be maintained, the TRA must notify the Secretary of State of the determination. (9) The notice must contain the information set out in paragraph 15 of Schedule 1. (10) The Secretary of State must notify interested parties that no change will be made to the definitive bilateral safeguarding remedy.

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43 Determination to vary

(1) If the TRA determines that the application to goods of a definitive bilateral safeguarding remedy should be varied, the TRA must make a recommendation to the Secretary of State to that effect. (2) Where, in relation to a recommendation under paragraph (1), the TRA considers that there are two or more options which it could recommend, 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 varying a 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), it must advise the Secretary of State whether and why it considers that varying the application of a 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.

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44 Determination to revoke

(1) This regulation applies if the TRA determines the application to goods of a definitive bilateral safeguarding remedy should be revoked. (2) The TRA must recommend to the Secretary of State that the application to goods of the definitive bilateral safeguarding remedy is revoked.

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45 Powers of the Secretary of State in relation to the TRA’s recommendation

(1) The Secretary of State must— (a) accept or reject a recommendation made under regulation 43(1) or 44(2), or (b) request that the TRA reassess its recommendation, by reference to any matters specified in the request, with a view to amending or replacing the recommendation. (2) Where the Secretary of State accepts a recommendation which contains options given in reliance on regulation 43(2), the Secretary of State must decide which of those options to adopt. (3) The Secretary of State may reject a recommendation made under regulation 43(1), or regulation 44(2), only if the Secretary of State is satisfied it is not in the public interest to accept the recommendation. (4) In considering the public interest under paragraph (3) in relation to a recommendation made under regulation 43(1), the Secretary of State must have regard to the TRA’s advice on whether the variation of the application of a definitive bilateral safeguarding remedy in accordance with the recommendation, or in accordance with each option, as the case may be, would meet the economic interest test. (5) Paragraph (6) applies if— (a) the TRA makes a recommendation to vary the application of a definitive bilateral safeguarding remedy, and (b) the Secretary of State rejects the recommendation. (6) If the Secretary of State considers that it is in the public interest to do so, the Secretary of State may decide that the application of the definitive bilateral safeguarding remedy should be varied other than in accordance with the recommendation, or revoked. (7) If the Secretary of State rejects a recommendation and does not make a decision under paragraph (6), the Secretary of State must— (a) publish notice of the Secretary of State’s decision not to vary or revoke the definitive bilateral safeguarding remedy containing the information set out in paragraph 16 of Schedule 1, and (b) notify interested parties. (8) The Secretary of State may only make a request under paragraph (1)(b) where the Secretary of State considers that— (a) there is information that the TRA did not take into account in its investigation that is relevant to the recommendation, (b) the TRA made an error in relation to its recommendation, or (c) exceptional circumstances make the request appropriate. (9) Before making a request under paragraph (1)(b), the Secretary of State must consult the TRA. (10) Where the Secretary of State makes a request under paragraph (1)(b), the TRA must— (a) comply with the request, and (b) in reassessing its recommendation, have regard to any particular considerations which the Secretary of State may specify in the request.

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46 Power to request assistance etc from TRA

(1) The Secretary of State may request that the TRA give advice, information or other support to the Secretary of State for the purpose of allowing the Secretary of State to decide whether to make a decision under regulation 45(6). (2) The Secretary of State may include in a request under paragraph (1) a requirement that the TRA investigate and provide a report on any matter specified in the request. (3) Before making a request under paragraph (1), the Secretary of State must consult the TRA. (4) The TRA must comply with a request under paragraph (1).

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47 International dispute investigations: reports and updates

(1) This regulation applies where the TRA conducts or has conducted an international dispute investigation, in accordance with this Part. (2) The Secretary of State may— (a) produce and publish a report or update in relation to the international dispute investigation concerned, or (b) request that the TRA produces such a report or update. (3) Where the Secretary of State makes a request under paragraph (2)(b)— (a) the TRA must produce a report or update, as the case may be, in accordance with the request, and (b) the Secretary of State may publish the report or update.

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48 Public file

(1) The TRA must, in respect of every bilateral safeguarding investigation, review and international dispute investigation, establish and maintain a file which is open to the public (a “public file”) containing information which the TRA considers material to the bilateral safeguarding investigation, international dispute investigation or review, other than confidential information. (2) The public file may only contain— (a) any item listed in Schedule 2; (b) information referred to in paragraph (4). (3) The Secretary of State may request the TRA, and the TRA may request the Secretary of State, to place information not listed in Schedule 2 on the public file in relation to a particular bilateral safeguarding investigation, review or international dispute investigation. (4) If the party receiving the request referred to in paragraph (3) agrees, the TRA must place the information concerned on the public file.

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49 Exceptions

(1) Where the relevant free trade agreement provides for the excepting of goods from the application of a provisional or definitive bilateral safeguarding remedy, the TRA may except goods originating from a foreign country or territory which is party to the free trade agreement— (a) from the scope of a recommendation by the TRA to apply a provisional or definitive bilateral safeguarding remedy, and (b) from a relevant determination. (2) For the purposes of this regulation, a “relevant determination” is the TRA’s determination on— (a) whether the goods concerned have been or are being imported into the United Kingdom in increased quantities under Part 2 of these Regulations, (b) whether the importation of the goods concerned in increased quantities (“increased importation”) was or is being caused by the reduction or elimination of import duty as a result of the relevant free trade agreement, or (c) whether the increased importation has caused or is causing serious injury to UK producers under Part 3 of these Regulations.

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50 Amendment

The Trade Remedies (Reconsideration and Appeals) (EU Exit) Regulations 2019 are amended in accordance with this Part.

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51 Interpretation

In regulation 2— (a) after the definition of “application for reconsideration”, insert— “the Bilateral Safeguards Regulations” means the Trade Remedies (Increase in Imports as a Result of a Free Trade Agreement Causing Serious Injury to UK Producers) Regulations 2024; ; (b) in the definition of “interested party”, before sub-paragraph (a), insert— (za) regulation 2 of the Bilateral Safeguards Regulations in relation to an investigation or a review conducted under those Regulations; .

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52 Appeals to the Upper Tribunal: TRA decisions and determinations

In regulation 16, for paragraph (1), substitute— (1) Subject to the following paragraphs, any interested party may appeal to the Upper Tribunal— (a) for a review of a reconsidered decision in relation to an original decision listed in Part 1, 2, 3 or 4 of Schedule 1 to these Regulations, or (b) for a review of an appealable decision. (1A) For the purposes of paragraph (1), an “appealable decision” is a determination or recommendation of the TRA which is listed in Part 5 or 6 of Schedule 1 to these Regulations. .

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53 Appeals to the Upper Tribunal

In regulation 17— (a) in paragraph (1), after “determination” insert “or decision”; (b) in paragraph (2)— (i) after sub-paragraph (a), insert— (aa) Part 1A contains a list of decisions made under Schedule 5 as applied by Schedule 5A (bilateral safeguarding remedies); ; (ii) after sub-paragraph (d), insert— (e) Part 5 contains a list of decisions made under the Bilateral Safeguards Regulations. .

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54 Decisions of the TRA that are subject to appeal

(1) In the heading to Schedule 1, after “original decisions” insert “and appealable decisions”. (2) After Part 4 of Schedule 1, insert— Part 5 Determinations or Recommendations made under Schedule 5 as applied by Schedule 5A: appealable decisions 41 A final negative determination under paragraph 9(5)(b). 42 A recommendation made under paragraph 16(3) (including any recommendation made in accordance with paragraph 16(4)) in relation to a definitive bilateral safeguarding amount, definitive suspension of tariff rate reduction or tariff rate quota. 43 A determination notified under paragraph 16(11) that no recommendation can be made under paragraph 16(3). Part 6 Determinations or Recommendations made under the Bilateral Safeguards Regulations: appealable decisions 44 A determination under regulation 32(5) following a review. 45 A recommendation made under regulation 34(1) following a review. 46 A determination notified under regulation 42(8) in an international dispute investigation. 47 A recommendation made under regulation 43(1) or 44(2) in an international dispute investigation. .

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55 Decisions of the Secretary of State that are subject to appeal

In Schedule 2— (a) after Part 1, insert— Part 1A Decisions made under Schedule 5, as applied by Schedule 5A 2A A decision under paragraph 19 to apply, or not to apply, a definitive bilateral safeguarding remedy. 2B A decision under paragraph 20 to apply, or not to apply, a definitive bilateral safeguarding remedy. 2C A decision under paragraph 21(7) to vary or revoke a definitive bilateral safeguarding remedy following a review. 2D A decision under paragraph 21(10) to apply a definitive bilateral safeguarding remedy for the first time in replacement for an existing definitive bilateral safeguarding remedy following a review. 2E A decision under paragraph 22(4) to vary or revoke a definitive bilateral safeguarding remedy following an investigation in light of an international dispute decision. 2F A decision under paragraph 22A(1) to revoke a definitive bilateral safeguarding remedy in the public interest. ; (b) after Part 4, insert— Part 5 Decisions made under the Bilateral Safeguards Regulations 14 A decision to request the termination of a bilateral safeguarding investigation under regulation 29. 15 A decision to request the termination of a review under regulation 33(4). 16 A decision under regulation 35(7) following a review. 17 A decision under regulation 45(7) following an investigation in light of an international dispute decision. .

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Schedule 1 Notices and notifications

Regulations 2, 29, 30, 32, 33, 35, 39, 42 and 45 Part 1 Notices Notice of initiation of a bilateral safeguarding investigation 1 The information to be contained in a notice referred to in paragraph 7(6)(b) of Schedule 5 to the Act is— (a) the date of initiation of the investigation; (b) a description of the goods which are the subject of the investigation; (c) a description of the like goods and directly competitive goods; (d) a summary of the factors on which the allegations of increased imports and serious injury caused by the increased imports are based, including a summary of the developments that led to the alleged increased imports of the goods; (e) the period of investigation; (f) a summary of the investigation process; (g) the address of the TRA to which comments by interested parties or persons with sufficient interest in the investigation are to be delivered, or the means by which such comments are to be delivered; (h) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA; (i) a statement that interested parties may request the TRA to conduct a hearing. Notice to the Secretary of State of a TRA provisional affirmative determination with no recommendation regarding a provisional bilateral safeguarding remedy 2 The information to be contained in a notice referred to in paragraph 11(9)(a) of Schedule 5 to the Act is— (a) a description of the goods to which the notice relates; (b) a summary of the investigation to date and the expected future stages of the investigation; (c) the reasons for the TRA's provisional affirmative determination; (d) the reasons why the TRA has determined that there is no recommendation that it could make under paragraph 11(3) of Schedule 5 to the Act. Notice of the Secretary of State’s decision to apply, or not to apply, a provisional bilateral safeguarding remedy 3 The information to be contained in a notice referred to in paragraph 14(2E)(a), (3)(a), (4)(a), 15(2E)(a), (3)(a) or (4)(a) of Schedule 5 to the Act is— (a) a description of the goods to which the notice relates; (b) the decision of the Secretary of State; (c) the reasons for the Secretary of State’s decision; (d) where the Secretary of State— (i) accepts the TRA's recommendation, or (ii) rejects the TRA's recommendation, and makes a decision under paragraph 14(2C) or 15(2C) of Schedule 5 to the Act, that such notice is a public notice made under section 13 of the Act. Notice to the Secretary of State of a TRA final affirmative determination with no recommendation regarding a definitive bilateral safeguarding remedy 4 The information to be contained in a notice referred to in paragraph 16(11)(a) of Schedule 5 to the Act is— (a) a description of the goods to which the notice relates; (b) a summary of the investigation; (c) the reasons for the TRA’s final affirmative determination; (d) the reasons why the TRA has determined that there is no recommendation that it could make under paragraph 16(3) of Schedule 5 to the Act. Notice of the Secretary of State’s decision to apply, or not to apply, a definitive bilateral safeguarding remedy 5 (1) The information to be contained in a notice referred to in paragraph 19(2E)(a), (3)(a), (4)(a), 20(2E)(a), (3)(a) or (4)(a) of Schedule 5 to the Act is— (a) a description of the goods to which the notice relates; (b) the decision of the Secretary of State; (c) the reasons for the Secretary of State’s decision; (d) where the decision is one referred to in sub-paragraph (2)(a), (b) or (c), that the notice is a public notice under section 13 of the Act; (e) where the decision is one referred to in sub-paragraph (2)(a), (b)(i) or (c)— (i) a specified period for which the definitive bilateral safeguarding remedy is applicable (see paragraph 17(2) or 18(2) of Schedule 5 to the Act); (ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any. (2) The decisions referred to in this sub-paragraph are— (a) a decision by the Secretary of State to accept the TRA’s recommendation; (b) where a provisional bilateral safeguarding remedy is in force, a decision by the Secretary of State— (i) under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act to apply a definitive bilateral safeguarding remedy otherwise than in accordance with the TRA’s recommendation; (ii) to reject the TRA’s recommendation to implement a definitive bilateral safeguarding remedy, without applying an alternative definitive bilateral safeguarding remedy; (c) where a provisional bilateral safeguarding remedy is not in force, a decision by the Secretary of State under paragraph 19(2C) or 20(2C) of Schedule 5 to the Act to apply a definitive bilateral safeguarding remedy otherwise than in accordance with the TRA’s recommendation. Notice to the Secretary of State of a TRA final negative determination 6 The information to be contained in a notice referred to in paragraph 9(7)(a) of Schedule 5 to the Act is— (a) a summary of the investigation; (b) the TRA's reasons for its determination. Notice of termination of a bilateral safeguarding investigation 7 The information to be contained in a notice referred to in regulation 29(2)(a) is— (a) a description of the goods to which the notice relates; (b) the date the notice comes into effect. Notice of initiation of a review 8 The information to be contained in a notice referred to in regulation 32(3)(b) is— (a) details of the content of the relevant public notice made under section 13 of the Act to which the review relates; (b) the date of initiation of the review; (c) a description of the goods subject to review; (d) the period which will be covered by the review; (e) a summary of the issue involved in the review; (f) a summary of the review process; (g) the address of the TRA to which comments by interested parties and persons with sufficient interest in the review is to be delivered, or the means by which such comments are to be delivered; (h) details of a registration period during which interested parties, or any other person, may make themselves known to the TRA; (i) a statement that interested parties may request that the TRA conduct a hearing. Notice of termination of a review 9 The information to be contained in a notice referred to in regulation 33(5)(a) is— (a) a description of the goods to which the notice relates; (b) the date the notice comes into effect. Notice to the Secretary of State of a TRA determination to maintain the application of a definitive bilateral safeguarding remedy following a review 10 The information to be contained in a notice referred to in regulation 33(6)(b) is— (a) a description of the goods to which the notice relates; (b) a summary of the review to date; (c) the reasons for the TRA’s determination that a definitive bilateral safeguarding remedy should be maintained in accordance with its terms. Notice of the Secretary of State’s decision on whether to vary a definitive bilateral safeguarding remedy following a review 11 (1) In the case of a decision on whether to vary a definitive bilateral safeguarding remedy following a review, the information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule 5 to the Act or regulation 35(7)(a) is— (a) a description of the goods to which the notice relates; (b) the Secretary of State’s decision; (c) the reasons for the Secretary of State’s decision; (d) for a decision referred to in sub-paragraph (2)(a) or (b)— (i) a specified period during which the definitive bilateral safeguarding remedy is applicable, and (ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any; (e) for any decision referred to in sub-paragraph (2), that the notice is a public notice made under section 13 of the Act. (2) The decisions referred to in this sub-paragraph are decisions by the Secretary of State— (a) to accept the TRA’s recommendation; (b) to reject the TRA’s recommendation and make a decision under regulation 35(6)(a); (c) to reject the TRA’s recommendation and make a decision under regulation 35(6)(b). Notice of the Secretary of State’s decision on whether to revoke a definitive bilateral safeguarding remedy following a review 12 In the case of a decision on whether to revoke a definitive bilateral safeguarding remedy following a review, the information to be contained in a notice referred to in paragraph 21(7)(a) of Schedule 5 to the Act or regulation 35(7)(a) is— (a) a description of the goods to which the notice relates; (b) the Secretary of State’s decision; (c) the reasons for the Secretary of State’s decision; (d) where the Secretary of State accepts the TRA's recommendation— (i) that such notice is a public notice made under section 13 of the Act; (ii) the date that the notice takes effect, which must be the day after the date of publication of the notice. Notice of the Secretary of State’s decision on whether to replace a definitive bilateral safeguarding remedy following a review 13 (1) The information to be contained in a notice referred to in paragraph 21(10)(a) of Schedule 5 to the Act or regulation 35(7)(a) is— (a) a description of the goods to which the notice relates; (b) the Secretary of State’s decision; (c) the reasons for the Secretary of State’s decision; (d) for a decision referred to in sub-paragraph (2)(a) or (b)— (i) a specified period during which the definitive bilateral safeguarding remedy is applicable, and (ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any; (e) for any decision referred to in sub-paragraph (2), that the notice is a public notice made under section 13 of the Act. (2) The decisions referred to in this sub-paragraph are decisions by the Secretary of State— (a) to accept the TRA’s recommendation; (b) to reject the TRA’s recommendation and make a decision under regulation 35(6)(a); (c) to reject the TRA’s recommendation and make a decision under regulation 35(6)(b). Notice of initiation of international dispute investigation 14 The information referred to in regulation 39(2) is— (a) the date of initiation of the investigation; (b) a description of the goods concerned; (c) a description of the definitive bilateral safeguarding remedy to which the investigation relates; (d) a summary of the international dispute decision; (e) a summary of the investigation process. Notice to the Secretary of State of a TRA determination to maintain the application of a definitive bilateral safeguarding remedy following an international dispute investigation 15 The information referred to in regulation 42(9) is— (a) a description of the goods concerned; (b) a description of the definitive bilateral safeguarding remedy to which the notice relates; (c) a summary of the international dispute decision; (d) a summary of the investigation; (e) the determination made in light of the international dispute decision; (f) the reasons for the determination; (g) the date of the determination. Notice of the Secretary of State’s decision following an international dispute investigation 16 (1) The information to be contained in a notice referred to in paragraph 22(4)(a) of Schedule 5 to the Act or regulation 45(7)(a) is— (a) a description of the goods to which the notice relates; (b) a description of the definitive bilateral safeguarding remedy to which the notice relates; (c) a summary of the international dispute decision; (d) the decision of the Secretary of State; (e) the reasons for the Secretary of State’s decision; (f) for a decision referred to in sub-paragraph (2)(a) or (b)— (i) a specified period for which the definitive bilateral safeguarding remedy is applicable; (ii) details of exceptions of goods from the application of the definitive bilateral safeguarding remedy, if any; (g) for any decision referred to in sub-paragraph (2), that such notice is a public notice made under section 13 of the Act; (h) where the Secretary of State accepts the TRA’s recommendation to revoke the definitive bilateral safeguarding remedy— (i) that such notice is a public notice made under section 13 of the Act; (ii) the date that the notice takes effect, which must be the day after the date of publication of the notice. (2) The decisions referred to in this sub-paragraph are decisions by the Secretary of State— (a) to accept the TRA’s recommendation to vary the definitive bilateral safeguarding remedy; (b) to reject the TRA’s recommendation and make a decision under regulation 45(6) that the definitive bilateral safeguarding remedy should be varied otherwise than in accordance with the TRA’s recommendation; (c) to reject the TRA’s recommendation and make a decision under regulation 45(6) that the definitive bilateral safeguarding remedy should be revoked. Notice of the Secretary of State’s decision to revoke a definitive bilateral safeguarding remedy in the public interest 17 The information to be contained in a notice referred to in paragraph 22A(3)(a) of Schedule 5 to the Act is— (a) a description of the goods to which the notice relates; (b) the Secretary of State’s decision; (c) the reasons for the Secretary of State’s decision; (d) that such notice is a public notice under section 13 of the Act; (e) the date on which the notice takes effect, which must be the day after the date of publication of the notice. Part 2 Determinations and recommendations to accompany notifications 18 For the notification referred to in paragraph 9(7)(b) of Schedule 5 to the Act, the TRA final negative determination made under paragraph 9(4) of that Schedule. 19 For the notification referred to in paragraph 16(11)(b) of Schedule 5 to the Act, the TRA determination that there is no recommendation which it could make under paragraph 16(3) of that Schedule. 20 For the notification referred to in paragraph 19(2E)(b), (3)(b) or (4)(b) of Schedule 5 to the Act, the TRA final affirmative determination made under paragraph 9(4) and the TRA recommendation made under paragraph 16(3)(a) or (aa) of that Schedule. 21 For the notification referred to in paragraph 20(2E)(b), (3)(b) or (4)(b) of Schedule 5 to the Act, the TRA final affirmative determination made under paragraph 9(4) and the TRA recommendation made under paragraph 16(3)(b) of that Schedule. 22 For the notification referred to in paragraph 21(7)(b) of Schedule 5 to the Act, the TRA determination made under regulation 32(5)(b), (c) or (f), and the TRA recommendation under regulation 34(1). 23 For the notification referred to in paragraph 21(10)(b) of Schedule 5 to the Act, the TRA determination made under regulation 32(5)(d) or (e), and the TRA recommendation under regulation 34(1). 24 For the notification referred to in paragraph 22(4)(b) of Schedule 5 to the Act or in regulation 45(7)(b), the TRA determination made under regulation 41(1) to vary or revoke the application to goods of a bilateral safeguarding remedy and the TRA recommendation under regulation 43(1) or 44(2). 25 For the notification referred to in regulation 33(6)(c), the TRA determination made under regulation 32(5)(a). 26 For the notification referred to in regulation 35(7)(b), the TRA determination made under regulation 32(5)(b), (c), (d), (e) or (f), as applicable, and the TRA recommendation made under regulation 34(1). 27 For the notification referred to in regulation 42(10), the TRA determination notified under regulation 42(8).

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Schedule 2 Public file

Regulation 48 Interpretation 1 References in this Schedule to paragraphs are to paragraphs of Schedule 5 to the Act, unless otherwise stated. Bilateral safeguarding investigations 2 The following items may be placed on the public file for a bilateral safeguarding investigation— (a) the request under paragraph 7(1) from the Secretary of State to the TRA to open a bilateral safeguarding investigation; (b) any preliminary adjustment plan accompanying that request under paragraph 7(1)(d); (c) the notice of initiation published under paragraph 7(6); (d) a decision by the Secretary of State to revoke a definitive bilateral safeguarding remedy in the public interest in the absence of a recommendation from the TRA under paragraph 22A; (e) any information relating to the transfer of an enquiry to the TRA under regulation 3; (f) where the TRA propose to revise the scope of a bilateral safeguarding investigation under regulation 14— (i) the reasons given by the TRA for the proposed revision of scope; (ii) any comments made by the Secretary of State, interested parties and contributors; (iii) subsequent advice from the TRA to the Secretary of State recommending the revision of scope; (iv) the Secretary of State’s decision as to whether or not to accept the TRA’s determination; (g) an amended notice of initiation published under regulation 14(7); (h) any non-confidential summary submitted under regulation 16; (i) any statement of reasons submitted under regulation 16; (j) any information which may be disclosed under regulation 17; (k) an indicative timeline for the bilateral safeguarding investigation; (l) any application received by the TRA for an extension of time; (m) any decision by the TRA to grant an extension of time, whether or not that decision was made pursuant to an application; (n) any information available to the TRA from secondary sources under regulation 18; (o) any information relating to a TRA decision to accept or reject information under regulation 19; (p) any information relating to a decision by the TRA to treat a party as a non-cooperative party under regulation 20; (q) information relating to registrations of interest and the issuing of questionnaires under regulation 23; (r) information relating to responses to questionnaires issued by the TRA under regulation 23; (s) information relating to the issue of deficiency notices under regulation 24; (t) any information relating to the conduct of a limited examination and sampling under regulation 25; (u) information relating to an authentication visit, authentication report, or non-confidential authentication report under regulation 26; (v) information relating to a hearing under regulation 27; (w) a request by the Secretary of State under regulation 29 that the TRA terminate a bilateral safeguarding investigation; (x) the notice of termination of a bilateral safeguarding investigation under regulation 29. Reviews 3 The following items may be placed on the public file for a review— (a) the request from the Secretary of State under regulation 32 that the TRA initiate a review; (b) the notice of initiation of a review, published under regulation 32(3)(b); (c) information relating to the expansion or limitation of the matters to be considered in the review, under regulation 33(1) to (3); (d) an indicative timeline for the review; (e) any application received by the TRA for an extension of time; (f) any decision by the TRA to grant an extension of time, whether or not that decision was made pursuant to an application; (g) a request by the Secretary of State under regulation 33(4) that the TRA terminate a review; (h) the notice of termination of the review, published under regulation 33(5)(a); (i) any information referred to in Part 5 of these Regulations which arises in the context of a review, if that information could be placed on the public file under paragraph 2 of this Schedule. International dispute investigations 4 The following items may be placed on the public file for an international dispute investigation— (a) the direction from the Secretary of State under regulation 38 that the TRA should carry out an international dispute investigation; (b) the notice of initiation of an international dispute investigation published under regulation 39; (c) any information referred to in Part 5 of these Regulations which arises in the context of an international dispute investigation, if that information could be placed on the public file under paragraph 2 of this Schedule. (d) an indicative timeline for the international dispute investigation; (e) any application received by the TRA for an extension of time; (f) any decision by the TRA to grant an extension of time, whether or not that decision was made pursuant to an application.

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