Article 1 Definitions

For the purposes of this Regulation:

1. (a)

   ‘product’ means a good originating in the Union or in F1Colombia, Ecuador or Peru. 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;

2. (b)

   ‘interested parties’ means parties affected by the imports of the product in question;

3. (c)

   ‘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;

4. (d)

   ‘serious injury’ means a significant overall impairment;

5. (e)

   ‘threat of serious injury’ means serious injury that is clearly imminent;

6. (f)

   ‘serious deterioration’ means significant disturbances in a sector or in Union industry;

7. (g)

   ‘threat of serious deterioration’ means significant disturbances that are clearly imminent;

8. (h)

   ‘ transitional period ’ means 10 years from the respective date of application of the Agreement for products for which the Tariff Elimination Schedules for goods originating in Colombia, Ecuador or Peru, as set out in Subsections 1, 2 and 3 of Section B of Appendix 1 (Elimination of Customs Duties) of Annex I to the Agreement (Tariff Elimination Schedules), provide for a tariff elimination period of less than 10 years, or the tariff elimination period plus three years for products for which those Tariff Elimination Schedules provide for a tariff elimination period of 10 or more years; the transitional period shall be applicable to Ecuador from the date of application of the Agreement.

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.