1. Where a product originating in a beneficiary country is imported on terms which cause, or threaten to cause, serious difficulties to a Community producer of like or directly competing products, normal Common Customs Tariff duties on that product may be reintroduced at any time at the request of a Member State or on the Commission's initiative.

2. The Commission shall take a formal decision to initiate an investigation within a reasonable period of time. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed 4 months from the date of publication of the notice, within which interested parties may make their views known in writing.

3. The Commission shall seek all information it deems necessary and may verify the information received with the beneficiary country concerned and any other relevant source. It may be assisted by officials of the Member State on whose territory verification might be sought, if that Member State so requests.

4. In examining whether there are serious difficulties, the Commission shall take account, inter alia , of the following factors concerning Community producers where the information is available:

market share,

production,

stocks,

production capacity,

bankruptcies,

profitability,

capacity utilisation,

employment,

imports,

prices.

5. The investigation shall be completed within 6 months after the publication of the notice referred to in paragraph 2. The Commission may, in case of exceptional circumstances and after consultation of the Committee, extend this period in accordance with the procedure referred to in Article 28(5).

6. The Commission shall take a decision within 1 month, in accordance with the procedure referred to in Article 28(5). Such decision shall enter into force within 1 month as from its publication.

7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, after informing the Committee, take any preventive measure which is strictly necessary.

8. Where imports of products of section XI(b), as referred to in Article 14(1), originating in a beneficiary country:

increase by at least 20 % in quantity (by volume) as compared to the previous calendar year, or

exceed 12,5 % of the value of Community imports of products from section XI(b) from all countries and territories listed in Annex I during any twelve months period,

the Commission, on the 1st of January of every year during the period of application of this Regulation, on its own initiative or at the request of a Member State and after informing the Committee, shall remove the preferences referred to in Articles 7 and 8 with respect to products from section XI(b). This provision shall not apply to countries benefiting from the special arrangement for least developed countries referred to in Article 12 and to countries whose share of imports into the Community as defined in Article 14(1) do not exceed 8 %. The Commission shall notify a beneficiary country of the removal of the preferences. The removal of the preferences shall take effect two months after the publication of the Commission's decision to this effect in the Official Journal of the European Union .

COUNCIL REGULATION (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences ANNEX I ANNEX II ANNEX III