Explanatory note

These Regulations amend the Trade Remedies (Increase in Imports Causing Serious Injury to UK Producers) (EU Exit) Regulations 2019 (S.I. 2019/449, as amended) (“the Safeguards Regulations”). The Safeguards Regulations implement part of the United Kingdom trade remedies system.

In particular, the amendments—

• prescribe the circumstances in which the TRA must consider giving options to the Secretary of State as part of its recommendation in a safeguarding investigation;

• in relation to reviews under Part 6 of the Safeguards Regulations, provide for—

  • the TRA to give alternative options, in certain circumstances, in its recommendations to the Secretary of State;

  • the Secretary of State to ask the TRA to reassess its recommendation in certain circumstances;

  • the Secretary of State to act other than in accordance with the TRA recommendation;

  • the Secretary of State to seek advice, information and support from the TRA;

• make corresponding amendments to Part 7 (suspension) and Part 7A (investigation in light of an international dispute decision) of the Safeguards Regulations;

• amend the Schedule to the Safeguards Regulations so that notices required under Schedule 5 to the Taxation (Cross-border Trade) Act 2018 (c. 22) and the Safeguards Regulations reflect the amendments made by these Regulations.

A notice referred to in the Safeguards Regulations which is published by the Secretary of State will be available to view online at https://www.gov.uk/business-and-industry/importing.

A notice referred to in the Safeguards Regulations which is published by the Trade Remedies Authority will be available to view online at https://www.trade-remedies.service.gov.uk/.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.