한-EU FTA 양자간 세이프가드조치 및 EU의 이행규정에 관한 연구

Study on the Korea-EU FTA Bilateral Safeguard Measures and EU’s Regulation Implementing the Bilateral Safeguard Clause of the EU-Korea FTA

The word ‘safeguards’ refers the protective measures against fair imports that are causing or threatening to cause serious injury to the domestic industry that produces like or directly competitive products. Korea-EU FTA, which was ratified by European Parliament on 17 February 2011, provides three different types of safeguard measures which are Bilateral Safeguard Measures, Agricultural Safeguard Measures, and Global Safeguard Measures at the Chapter 3. The provisions of Global safeguard measures confirm that both parties of Korea and EU can take safeguard measures under the GATT 1994 Article XIX and the Agreement on Safeguards. Agricultural safeguard measures are automatically imposed when the sensitive agricultural products listed in the Schedule included in Annex 3 of Korea-EU FTA are imported in excess of quantities set in advance. Therefore, it is forecasted for EU to use bilateral safeguard measures the most among safeguard measures as trade remedy where increased imports cause serious injury to a domestic industry of both parties as a result of the reduction or elimination of a customs duty through FTA. EU enacted "Regulation implementing the bilateral safeguard clause of the Free Trade Agreement between the European Union and its Member States and the Republic of Korea" as a condition of EU-Korea FTA ratification by European Parliament. EU’s Regulation is an implementing act provided details of substantive and procedural aspects of Korea-EU FTA’s Bilateral Safeguard Measures composed of only 5 clauses in order for EU to apply easily safeguard measures. In this implementing Regulation, EU provides textile and clothing, consumer electronics, passenger cars and those included in the additional list drawn up in accordance with procedure for the application of Article 14 of the Rules of Origin Protocol as the category of sensitive products which are expected to cause serious injury to European Union industry according to the study of the economic effects of EU-Korea FTA. And the increased rates of those products originating from Korea are monitored within the EU and Commission can take prior surveillance measures for them. In addition, where the increased rates of imports of Korean products cause or threaten to cause serious injury to EU domestic industry, it is provided that an investigation for a safeguard measure shall be initiated upon request by a Member State or legal person or non-legal association acting on behalf of the Union industry as well as Commission as a competent authority for common commercial policy of EU level. Although European Parliament was also stipulated as an initiation subject of investigation for a safeguard measure in the Amendment of European Parliament against the proposal of Commission, it was deleted in the final text of Regulation. Instead, Joint Declaration in Annex Ⅱ of the Regulation provides the involvement and the influence of European Parliament for the investigation initiation of safeguard measures. With regard to the customs duty drawback system permitted by Korea-EU FTA, it also provides the procedure for the application of Article 14 of the Rules of Origin Protocol in order to cooperate with stakeholders and to share information effectively for the grasp of the increased rates of Korean usage of raw materials or elements from the third country. EU’s Regulation has significance in that it provides details where Bilateral Safeguard Measures of Korea-EU FTA which is higher law are not set forth as detail enough. However, it is quite protective provisions to safeguard especially some European Union industries of which comparative advantages are lower than that of Korean.