(2)The Partnership Agreement and the Interim Trade Agreement will reduce the protections enjoyed by Union producers who manufacture sensitive commodities in the agricultural sector. Bilateral safeguard clauses should therefore be put in place to limit the scope of preferential tariff quotas in the event of injury or threat of injury.

(12)The close monitoring of any sensitive products should facilitate timely decisions concerning the possible initiation of investigations and the subsequent imposition of safeguard measures. Therefore, the Commission should constantly and proactively monitor imports of any sensitive products from the date of entry into force of the ITA or the EMPA. Monitoring should be extended to other products or sectors if the relevant Union industry makes a duly justified request to the Commission. The Commission should present a monitoring report every three months, containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the Agreement, including data on import volumes and prices for all sensitive products, with appropriate regional disaggregation.

5.‘serious injury’ means a significant overall impairment to the position of the Union industry; an increase in volume of more than 5 % year-on-year compared to the three-year average of the imports under preferential terms of a given product, or a decrease of more than 5 % year-on-year in the average import price of a given product, shall be considered as prima facie evidence of serious injury;

1.The Commission shall constantly and proactively monitor the Union market of sensitive products, in particular as regards import and export trends, production and price developments, with the support of the Union market observatories established by Regulation (EU) No 1308/2013 of the European Parliament and of the Council1a. For that purpose, the Commission shall cooperate and exchange data with Member States, the European Parliament and the Union industry on a regular basis.

3.The Commission shall present a monitoring report to the European Parliament and to the Council every three months containing its assessment of the impact of imports of sensitive products benefitting from preferential market access under the Agreement. That report shall cover the Union market and, if relevant, also cover the specific situation in one or several Member States.

3.The Commission shall treat, in the absence of contrary indications, an increase in volume of more than 5 % compared to the three-year average as a rule, of the imports under preferential terms of a given product from a country concerned as prima facie evidence of serious injury, or the threat of serious injury to the Union industry, if, at the same time, the average import price for those imports from a country concerned is at least 5 %, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

4.The Commission shall treat, in the absence of contrary indications, a decrease of more than 5 % compared to the three-year average, as a rule, in the average import price of a given product from a country concerned imported into the Union on preferential terms as prima facie evidence of serious injury or the threat of serious injury to the Union industry, if at the same time the average import price for that product from a country concerned is at least 5 %, as a rule, below the relevant average domestic price of like or directly competitive products during the same period, based on available data.

3.Where possible, the investigation shall be concluded within three months from the date on which the notice of initiation is published in the Official Journal of the European Union. That time limit may be extended by a further period of three months in exceptional circumstances such as the involvement of an unusually high number of interested parties or complex market situations. The Commission shall notify all interested parties of any such extensions and explain the reasons therefor. Where an investigation concerns sensitive products, the Commission shall conclude it as soon as possible, with the aim of taking a final decision within two months from the date on which the notice of initiation is published in the Official Journal of the European Union.

5.The Commission shall evaluate all relevant economic indicators and factors of an objective and quantifiable nature that affect the situation of the Union industry, in particular the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by the increased imports, and changes regarding the Union industry with respect to the level of sales, including prices, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive, and the Commission may take other relevant factors into consideration for its determination of the existence of serious injury or threat of serious injury, such as stocks, return of capital employed, cash flow, the level of market shares, and other factors which are causing or may have caused serious injury, or threaten to cause serious injury to the Union industry.

3.In case of sensitive products, provisional safeguard measures shall be adopted in accordance with the procedure referred to in Article 18(4) without delay and in any event within a maximum of 14 days from the initiation of the investigation to avert damage to the Union industry which would be difficult to repair, including where such damage may be geographically concentrated in one or several Member States.

1.Where an investigation leads to the conclusion that the conditions set out in Article 3(1) are met, the Commission shall adopt definitive safeguard measures in accordance with the examination procedure referred to in Article 18(3).

14.Eggs class A and B

15.Eggs products- whole egg powder, yolk egg powder, egg albumins (standard, high whip, high gel)