Article 4 — Safeguard measures

1. Where a product covered by Article 1(1) originating in Ukraine is imported under conditions which adversely affect the Union market or the market of one or several Member States for like or directly competing products, the Commission may impose any measure which is necessary by means of an implementing act. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 5(3). Such measure may be imposed for as long as necessary to counteract the adverse effects on the Union market or on the market of one or several Member States for like or directly competing products. 2. The Commission shall regularly monitor the impact of this Regulation, taking into account the information on exports, imports, prices on the Union market or the market of one or several Member States and Union production of the products subject to the trade-liberalisation measures under Article 1(1), point (b). The Commission shall inform the Member States of the results of the regular monitoring every two months, starting from 6 June 2024. 3. The Commission shall carry out an assessment of the situation of the Union market or the market of one or several Member States for like or directly competing products with a view to imposing measures in accordance with paragraph 1. That assessment shall be launched: (a) following a duly substantiated request from a Member State including sufficient prima facie evidence reasonably available to that Member State pursuant to paragraph 4 of imports adversely affecting the market referred to in paragraph 1, or (b) on its own initiative, after it has become apparent to the Commission that there is sufficient prima facie evidence of imports adversely affecting the market that is referred to in paragraph 1. The assessment referred to in the first subparagraph shall be concluded within four months of its launch. 4. In carrying out the assessment pursuant to paragraph 3, the Commission shall take into consideration all relevant market developments, including the impact of the imports concerned on the situation of the Union market or the market of one or several Member States for like or directly competing products. That assessment shall include factors such as: (a) the rate and amount of the increase in imports from Ukraine of the product concerned in absolute and relative terms, (b) the effect of the imports concerned on production and prices on the Union market or the market of one or several Member States, while taking into consideration the development of imports from other sources. The list of factors referred to in the first subparagraph is not exhaustive and other relevant factors may also be taken into consideration. 5. In critical circumstances where delay would cause damage that would be difficult to repair, the Commission may provisionally impose any measure which is necessary by means of an implementing act. Such measure may be imposed only after a duly substantiated request from a Member State pursuant to paragraph 3, point (a), of this Article and shall be adopted within 21 days after the request has been received. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4). The duration of a provisional safeguard measure shall not exceed 120 days. 6. Where, as a result of the assessment referred to in paragraph 3, the Commission considers that the Union market or the market of one or several Member States for like or directly competing products has been adversely affected and intends to impose a definitive measure pursuant to paragraph 1, it shall publish a notice in the Official Journal of the European Union announcing the introduction of such a measure. The notice shall provide a summary of the main results of the assessment and specify the period within which interested parties may submit their views in writing. That period shall not exceed 10 days from the date of publication of the notice. 7. If, during the period 6 June to 31 December 2024, cumulative import volumes of eggs, poultry, sugar, oats, maize, groats or honey since 1 January 2024 reach the respective arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023, the Commission shall, within 14 days and after informing the Committee on Safeguards established by Article 3(1) of Regulation (EU) 2015/478 (the Committee on Safeguards): (a) reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation until 31 December 2024; and (b) introduce from 1 January 2025 either a tariff-rate quota equal to five twelfths of that arithmetic mean or the corresponding tariff-rate quota suspended by Article 1(1), point (b), of this Regulation whichever is higher. If, during the period 1 January to 5 June 2025, cumulative import volumes of eggs, poultry, sugar, oats, maize, groats or honey for the period since 1 January 2025 reach five twelfths of the respective arithmetic mean of import volumes recorded in the period from 1 July to 31 December 2021, in 2022 and in 2023, the Commission shall, within 14 days and after informing the Committee on Safeguards, reintroduce for that product the corresponding tariff-rate quota suspended by Article 1(1), point (b). For the purposes of this paragraph, the terms eggs, poultry, sugar, oats, maize, groats and honey refer to all products covered by the tariff-rate quotas in the Appendix to Annex I-A of the Association Agreement for, respectively, eggs and albumins, poultry meat and poultry meat preparations, sugars, oats, maize, flours and pellets, barley groats and meal; cereal grains otherwise worked, and honey. The arithmetic mean referred to in this paragraph shall be calculated by dividing the sum of import volumes in the period from 1 July to 31 December 2021, in 2022 and in 2023 by two and a half. The Commission may adopt an implementing act laying down the arrangements for monitoring the import volumes referred to in this paragraph. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 5(4). 8. If the Commission imposes a measure pursuant to paragraph 1, 5, or 7 which reintroduces a tariff-rate quota suspended by Article 1(1), point (b), the quantity imported during the calendar year the Commission imposes that measure shall be taken into account in the management of that tariff-rate quota.