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P7_TA(2012)0447

REPORT     ***I
PDF 319kWORD 477k
2 April 2012
PE 478.654v02-00 A7-0096/2012

on the proposal for a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures

(COM(2011)0349 – C7-0162/2011 – 2011/0153(COD))

Committee on International Trade

Rapporteur: Jörg Leichtfried

AMENDMENTS
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures

(COM(2011)0349 – C7-0162/2011 – 2011/0153(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0349),

–   having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0162/2011),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on International Trade (A7-0096/2012),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment                1

Proposal for a regulation – amending act

Title

Text proposed by the Commission

Amendment

Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures

Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures

Amendment  2

Proposal for a regulation – amending act

Recital 2

Text proposed by the Commission

Amendment

(2) An examination of legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Treaty of Lisbon is necessary in order to ensure consistency with the provisions introduced by that Treaty. It is appropriate, in certain cases, to amend such acts in order to grant delegated powers to the Commission pursuant to Article 290 of the Treaty on the Functioning of the European Union.

(2) An examination of legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Treaty of Lisbon is necessary in order to ensure consistency with the provisions introduced by that Treaty. It is appropriate, in certain cases, to amend such acts in order to grant delegated powers to the Commission pursuant to Article 290 of the Treaty on the Functioning of the European Union. It is also appropriate, in some cases, to apply certain procedures set out in Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers1.

 

_____________

 

1 OJ L 55, 28.2.2011, p. 13.

Amendment  3

Proposal for a regulation – amending act

Recital 3 – indent 8

Text proposed by the Commission

Amendment

– Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007,

deleted

Justification

Adaptation of the GSP Regulation to the new regime of implementing and delegated acts was dealt with by both Omnibus proposals from the Commission. Omnibus I report introduced numerous amendments changing proposed implementing acts to delegated acts in line with the Scholz Report of spring 2011. The two rapporteurs therefore agreed, for the sake of rationality, to keep all the amendments concerning adaptation of the GSP Regulation to the new comitology regime in the Omnibus I report. Consequently, the corresponding part should be deleted from Omnibus II.

Amendment  4

Proposal for a regulation – amending act

Recital 3 – indent 10

Text proposed by the Commission

Amendment

– Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process.

deleted

Justification

On 13 October 2011, the EP adopted its position in the first reading concerning the Commission proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COD 2010/0036). This new amending Regulation addressed inter alia the issue of implementing acts and delegated acts, inserting corresponding provisions in Regulation EC No 1215/2009. It is therefore necessary to delete the part concerning this Regulation from Omnibus II.

Amendment  5

Proposal for a regulation – amending act

Article 1

Text proposed by the Commission

Amendment

The Regulations listed in the Annex are hereby adapted, in accordance with the Annex, to Article 290 of the Treaty.

The Regulations listed in the Annex are hereby adapted, in accordance with the Annex, to Article 290 of the Treaty or to the applicable provisions of Regulation (EU) No 182/2011.

Amendment  6

Proposal for a regulation – amending act

Annex – section 1 – point -1 (new)

Regulation (EEC) No 3030/93

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

-1. The following recital shall be inserted:

 

"Whereas in order to ensure the appropriate functioning of the system for the management of imports of certain textile products, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes, granting additional opportunities for imports, introducing or adapting quantitative limits and introducing safeguard measures and a surveillance system under the conditions laid down in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  7

Proposal for a regulation - amending act

Annex – section 1 – point -1a (new)

Text proposed by the Commission

Amendment

 

-1a. Throughout Regulation (EEC) No 3030/93 any reference to "Article 17" is replaced by "Article 17(2)".

Amendment  8

Proposal for a regulation - amending act

Annex – section 1 – point -1b (new)

Regulation (EEC) No 3030/93

Recital 15 b (new)

 

Text proposed by the Commission

Amendment

 

-1b. The following recital 15b is inserted:

 

"Whereas the implementation of this Regulation requires uniform conditions for the adoption of several measures. Those measures should be adopted by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers."

Amendment  9

Proposal for a regulation - amending act

Annex – section 1 – point 7 a (new)

Regulation (EEC) No 3030/93

Article 16 paragraph 1 - introductory part

 

Text proposed by the Commission

Amendment

 

7a. In Article 16, the introductory part is replaced by the following:

 

"1. The Commission, acting in accordance with the advisory procedure referred to in Article 17(1a), shall conduct the consultations referred to in this Regulation in accordance with the following rules:"

Amendment  10

Proposal for a regulation – amending act

Annex – section 1 – point 8

Regulation (EEC) No 3030/93

Article 16a – paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 2(6), 6(2), 8, 10(13), 10a(3), 13(3), 15(3) and (5) and 19 of this Regulation and in Articles 4(3) of Annex IV and 2, 3(1) and (3) of Annex VII to this Regulation shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Articles 2(6), 6(2), 8, 10(13), 10a(3), 13(3), 15(3) and (5) and 19 of this Regulation and in Articles 4(3) of Annex IV and 2, 3(1) and (3) of Annex VII to this Regulation shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

––––––––––––––––

 

* OJ: Please insert the date of entry into force of this Regulation.

Justification

The rapporteur deems it appropriate to limit in time the conferral of powers on the Commission. Such limitation brings about more parliamentary control, obliging the Commission to draw up a report in respect of the delegation of power not later then nine months before the end of the established period. On the other hand, tacit extension of the delegation for a period of identical duration prevents overburdening of the legislators and facilitates the implementation of the Common commercial policy. The rapporteur therefore deems it appropriate to amend the Commission proposal accordingly in all provisions concerning the Exercise of the delegation.

Amendment  11

Proposal for a regulation - amending act

Annex – section 1 – point 8

Regulation (EEC) No 3030/93

Article 16a - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Articles 2(6), 6(2), 8, 10(13), 10a(3), 13(3), 15(3) and (5) and 19 of this Regulation and Articles 4(3) of Annex IV and 2, 3(1) and (3) of Annex VII to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Articles 2(6), 6(2), 8, 10(13), 10a(3), 13(3), 15(3) and (5) and 19 of this Regulation and Articles 4(3) of Annex IV and 2, 3(1) and (3) of Annex VII to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  12

Proposal for a regulation - amending act

Annex – section 1 – point 8 a (new)

Regulation (EEC) No 3030/93

Article 17 - paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

8a. In Article 17,  the following paragraph is inserted:

 

"1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. The advisory committee shall deliver its opinion within one month of the date of referral."

Amendment  13

Proposal for a regulation - amending act

Annex – section 1 – point 8 b (new)

Regulation (EEC) No 3030/93

Article 17 - paragraph 2

 

Text proposed by the Commission

Amendment

 

8b. In Article 17, paragraph 2 is replaced by the following:

 

"2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. The examination committee shall deliver its opinion within one month of the date of referral."

Amendment  14

Proposal for a regulation - amending act

Annex – section 1 – point 8 c (new)

Regulation (EEC) No 3030/93

Article 17 - paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

8c. In Article 17, the following paragraph is inserted:

 

"2a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request."

Amendment  15

Proposal for a regulation - amending act

Annex – section 1 – point 8 d (new)

Regulation (EEC) No 3030/93

Article 17a

 

Text proposed by the Commission

Amendment

 

8d. Article 17a is deleted.

Amendment  16

Proposal for a regulation - amending act

Annex – section 1 – point 9 a (new)

Regulation (EEC) No 3030/93

Article 19 a (new)

 

Text proposed by the Commission

Amendment

 

9a. The following article is inserted:

 

"Article 19a

 

1. The Commission shall present a biannual report on the application of this Regulation to the European Parliament.

 

2. The report shall include information on the implementation of this Regulation.

 

3. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

 

4. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."

Amendment  17

Proposal for a regulation - amending act

Annex – section 2 – point -1 (new)

Regulation (EC) No 517/94

Recital 22 a (new)

 

Text proposed by the Commission

Amendment

 

- 1. The following recital is inserted:

 

"(22a) Whereas in order to ensure the appropriate functioning of the system for the management of imports of certain textile products not covered by bilateral agreements, protocols or other arrangements, or by other specific Union import rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes, altering the import rules and applying safeguard measures and surveillance measures under the conditions laid down in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  18

Proposal for a regulation - amending act

Annex – section 2 – point -1 a (new)

Regulation (EC) No 517/94

Recital 22 b (new)

 

Text proposed by the Commission

Amendment

 

-1a. The following recital 22b is inserted:

 

"Whereas the implementation of this Regulation requires uniform conditions for the adoption of several measures. Those measures should be adopted by the Commission in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers."

Amendment  19

Proposal for a regulation - amending act

Annex – section 2 – point -1 b (new)

Regulation (EC) No 517/94

Recital 22 c (new)

 

Text proposed by the Commission

Amendment

 

-1b. The following recital 22c is inserted:

 

"Whereas it is appropriate that the advisory procedure be used for the adoption of surveillance measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures."

Amendment  20

Proposal for a regulation - amending act

Annex – section 2 – point 1 a (new)

Regulation (EC) No 517/94

Article 5 - paragraph 1

 

Text proposed by the Commission

Amendment

 

1a. In Article 5, paragraph 1 is deleted.

Amendment  21

Proposal for a regulation - amending act

Annex – section 2 – point 2 a (new)

Regulation (EC) No 517/94

Article 7 - paragraph 1 - introductory part

 

Text proposed by the Commission

Amendment

 

2a. In Article 7, paragraph 1, the introductory part is replaced by the following:

 

"1. Where it is apparent to the Commission that there is sufficient evidence to justify an investigation, with regard to the conditions of imports of products mentioned in Article 1, the Commission shall:"

Amendment  22

Proposal for a regulation- amending act

Annex – section 2 – point 2 b (new)

Regulation (EC) No 517/94

Article 7 - paragraph 2 - subparagraph 1

 

Text proposed by the Commission

Amendment

 

2b. In Article 7, paragraph 2, the first subparagraph is replaced by the following:

 

"2. In addition to the information supplied under Article 6, the Commission shall seek all information it deems to be necessary and, where it considers it appropriate, endeavour to check this information with importers, traders, agents, producers, trade associations and organisations."

Amendment  23

Proposal for a regulation - amending act

Annex – section 2 – point 2 c (new)

Regulation (EC) No 517/94

Article 8 - paragraph 2

 

Text proposed by the Commission

Amendment

 

2c. In Article 8, paragraph 2 is replaced by the following:

 

"2. If the Commission considers that no Union surveillance or safeguard measures are necessary, it shall publish in the Official Journal of the European Union a notice that the investigations are closed, stating the main conclusions of the investigations."

Amendment  24

Proposal for a regulation - amending act

Annex – section 2 – point 2 d (new)

Regulation (EC) No 517/94

Article 11 - paragraph 1 - point a

 

Text proposed by the Commission

Amendment

 

2d. In Article 11, paragraph 1, point a is replaced by the following:

 

"(a) decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 25(1a);"

Amendment  25

Proposal for a regulation - amending act

Annex – section 2 – point 2 e (new)

Regulation (EC) No 517/94

Article 11 - paragraph 1 - point b

 

Text proposed by the Commission

Amendment

 

2e. In Article 11, paragraph 1, point b is replaced by the following:

 

"(b) decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance, in accordance with the advisory procedure referred to in Article 25(1a)."

Amendment  26

Proposal for a regulation - amending act

Annex – section 2 – point 2 f (new)

Regulation (EC) No 517/94

Article 11 - paragraph 2 - point a

 

Text proposed by the Commission

Amendment

 

2f. In Article 11, paragraph 2, point a is replaced by the following:

 

"(a) decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 25(1a);"

Amendment  27

Proposal for a regulation - amending act

Annex – section 2 – point 2 g (new)

Regulation (EC) No 517/94

Article 11 - paragraph 2 - point b

 

Text proposed by the Commission

Amendment

 

2g. In Article 11, paragraph 2, point b is replaced by the following:

 

"(b) decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance in accordance with the advisory procedure referred to in Article 25(1a)."

Amendment  28

Proposal for a regulation - amending act

Annex – section 2 – point 4 a (new)

Regulation (EC) No 517/94

Article 15 - introductory part

 

Text proposed by the Commission

Amendment

 

4a. In Article 15, the introductory part is replaced by the following:

 

"In accordance with the advisory procedure referred to in Article 25(1a), the Commission may, at the request of a Member State or on its own initiative, if the situation referred to in Article 12(2) is likely to arise:"

Amendment  29

Proposal for a regulation - amending act

Annex – section 2 – point 6 – point -a (new)

Regulation (EC) No 517/94

Article 25 - paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

( -a) In Article 25, paragraph 1a is inserted:

 

"1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. The advisory committee shall deliver its opinion within one month of the date of referral."

Amendment  30

Proposal for a regulation – amending act

Annex – section 2 – point 6 – point -aa (new)

Regulation (EC) No 517/94

Article 25 - paragraph 2

 

Text proposed by the Commission

Amendment

 

( -aa) In Article 25, paragraph 2 is replaced by the following:

 

"2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. The examination committee shall deliver its opinion within one month of the date of referral."

Amendment  31

Proposal for a regulation - amending act

Annex – section 2 – point 6 – point a

Regulation (EC) No 517/94

Article 25 - paragraph 3

 

Text proposed by the Commission

Amendment

(a) In the first sentence of paragraph 3, the words ‘Article 13’ are replaced by the words ‘Articles 12(3), 13 and 16’;

(a) In Article 25, paragraph 3 is replaced by the following:

 

"3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request."

Amendment  32

Proposal for a regulation – amending act

Annex – section 2 – point 7

Regulation (EC) No 517/94

Article 25a - paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 3(3), 5(2), 12(3), 13, 16 and 28 shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Articles 3(3), 5(2), 12(3), 13, 16 and 28 shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

–––––––––––––––

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  33

Proposal for a regulation - amending act

Annex – section 2 – point 7

Regulation (EC) No 517/94

Article 25a - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Articles 3(3), 5(2), 12(3), 13, 16 and 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Articles 3(3), 5(2), 12(3), 13, 16 and 28 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  34

Proposal for a regulation - amending act

Annex – section 2 – point 7 a (new)

Regulation (EC) No 517/94

Article 26 a (new)

 

Text proposed by the Commission

Amendment

 

7a. The following article is inserted:

 

"Article 26a

 

1. The Commission shall present a biannual report on the application of this Regulation to the European Parliament.

 

2. The report shall include information on the implementation of this Regulation.

 

3. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

 

4. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."

Amendment  35

Proposal for a regulation – amending act

Annex – section 3 – point -1 (new)

Regulation (EC) No 953/2003

Recital 11 a (new)

 

Text proposed by the Commission

Amendment

 

-1. The following recital is inserted:

 

"(11a) In order to add products to the list of products covered by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  36

Proposal for a regulation – amending act

Annex – section 3 – point -1a (new)

Regulation (EC) No 953/2003

Recital 12

 

Text proposed by the Commission

Amendment

 

-1a. Recital 12 is deleted.

Amendment  37

Proposal for a regulation – amending act

Annex – section 3 – point 2

Regulation (EC) No 953/2003

Article 5 - paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Article 4 shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Article 4 shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

–––––––––––––––––

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  38

Proposal for a regulation - amending act

Annex – section 3 – point 2

Regulation (EC) No 953/2003

Article 5 - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Article 4 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Article 4 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  39

Proposal for a regulation - amending act

Annex – section 3 – point 4 – point a (new)

Regulation (EC) No 953/2003

Article 11 - paragraph 2

 

Text proposed by the Commission

Amendment

In Article 11, paragraph 2 is replaced by the following:

Article 11 is amended as follows:

 

(a) Paragraph 2 is replaced by the following:

2. The Commission shall periodically report to the European Parliament and Council on the volumes exported under tiered prices, including on the volumes exported within the framework of a partnership agreement agreed between the manufacturer and the government of a country of destination. The report shall examine the scope of countries and diseases and general criteria for the implementation of Article 3.

"2. The Commission shall biannually report to the European Parliament and Council on the volumes exported under tiered prices, including on the volumes exported within the framework of a partnership agreement agreed between the manufacturer and the government of a country of destination. The report shall examine the scope of countries and diseases and general criteria for the implementation of Article 3."

Amendment  40

Proposal for a regulation - amending act

Annex – section 3 – point 4 – point b (new)

Regulation (EC) No 953/2003

Article 11 - paragraph 3 (new)

 

Text proposed by the Commission

Amendment

 

(b) The following paragraph 3 is added after paragraph 2:

 

"3. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement."

Amendment  41

Proposal for a regulation - amending act

Annex – section 3 – point 4 – point c (new)

Regulation (EC) No 953/2003

Article 11 - paragraph 4 (new)

 

Text proposed by the Commission

Amendment

 

(c) The following paragraph 4 is added after paragraph 2:

 

"4. No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public."

Amendment  42

Proposal for a regulation - amending act

Annex – section 4 – point -1 (new)

Regulation (EC) No 673/2005

Recital 7

 

Text proposed by the Commission

Amendment

 

-1. Recital 7 is replaced by the following:

 

"(7) In order to make necessary adjustments to the measures provided for in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the rate of the additional duty or the lists in Annexes I and II under the conditions laid down in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  43

Proposal for a regulation – amending act

Annex – section 4 – point 2

Regulation (EC) No 673/2005

Article 4 - paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Article 3(3) shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Article 3(3) shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

_____________

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  44

Proposal for a regulation – amending act

Annex – section 4 – point 2

Regulation (EC) No 673/2005

Article 4 - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Article 3(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Article 3(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  45

Proposal for a regulation – amending act

Annex – section 4 – point 3 a (new)

Regulation (EC) No 673/2005

Article 7

 

Text proposed by the Commission

Amendment

 

3a. Article 7 is replaced by the following:

 

"The Commission shall submit to the European Parliament and the Council a proposal to repeal this Regulation once the United States of America has fully implemented the recommendation of the WTO Dispute Settlement Body."

Amendment  46

Proposal for a regulation – amending act

Annex – section 5 – point -1 (new)

Regulation (EC) No 1342/2007

Recital 10 a (new)

 

Text proposed by the Commission

Amendment

 

-1. The following recital is inserted:

 

"(10a) In order to permit the effective administration through the adoption of adjustments to the restrictions on imports of certain steel products, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex V. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  47

Proposal for a regulation – amending act

Annex – section 5 – point 4

Regulation (EC) No 1342/2007

Article 31a - paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 5, 6(3) and 12 shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Articles 5, 6(3) and 12 shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

______________

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  48

Proposal for a regulation - amending act

Annex – section 5 – point 4

Regulation (EC) No 1342/2007

Article 31a - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Articles 5, 6(3) and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Articles 5, 6(3) and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  49

Proposal for a regulation – amending act

Annex – section 6 – point -1 (new)

Regulation (EC) No 1528/2007

Recital 16 a (new)

 

Text proposed by the Commission

Amendment

 

-1. The following recital is inserted:

 

"(16a) In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending Annex I in order to add or to remove regions or states and in respect of introducing technical amendments to Annex II necessary as a result of application of that Annex. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  50

Proposal for a regulation – amending act

Annex – section 6 – point -1a (new)

Regulation (EC) No 1528/2007

Article 2 - paragraph 2

 

Text proposed by the Commission

Amendment

 

Article 2(2) is replaced by the following:

 

"2. The Commission shall amend Annex I by means of delegated acts in accordance with Article 24a to add regions or states from the ACP Group of States which have concluded negotiations on an agreement between the Union and that region or state which at least meets the requirements of Article XXIV GATT 1994."

Justification

The COM proposal for Omnibus I establishes the regime of delegated acts for measures adopted according to Article 2(2) and (3) and a procedural article on the Exercise of the delegation. The COM proposal on Omnibus II provides for delegated acts in Article 4(4) an Article 23, with a cross-reference to Omnibus I. The two rapporteurs agreed, for the sake of rationality, to keep all the provisions concerning adaptation of Regulation 1528/2007 to the regime of delegated acts in the Omnibus II report, by means of AMs 14, 15, 16, 17 and 18 and by deleting the corresponding provisions from Omnibus I.

Amendment  51

Proposal for a regulation – amending act

Annex – section 6 – point -1b (new)

Regulation (EC) No 1528/2007

Article 2 - paragraph 3 - introductory wording

 

Text proposed by the Commission

Amendment

 

In Article 2(3) the introductory wording is replaced by the following:

 

"3. That region or state will remain on the list in Annex I unless the Commission adopts a delegated act in accordance with Article 24a amending Annex I to remove a region or state from that Annex, in particular where:"

Amendment  52

Proposal for a regulation – amending act

Annex – section 6 – point 1 - point b

Regulation (EC) No 1528/2007

Article 4 - paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission shall be empowered to adopt delegated acts in accordance with Article [insert the number of the Article(s) laying down the procedure for the adoption of delegated acts, currently Articles 24a to 24c of proposal COM(2011) 82 final] concerning technical amendments to Annex II necessary as a result of the application of that Annex.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 24a concerning technical amendments to Annex II necessary as a result of the application of that Annex.

Amendment  53

Proposal for a regulation – amending act

Annex – section 6 – point 2

Regulation (EC) No 1528/2007

Article 23

 

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article [insert the number of the Article(s) laying down the procedure for the adoption of delegated acts, currently Articles 24a to 24c of proposal COM(2011) 82 final] concerning technical amendments to Articles 5 and 8 to 22 which may be required as a result of differences between this Regulation and agreements signed with provisional application or concluded in accordance with Article 218 of the Treaty with the regions or states listed in Annex I.

The Commission shall be empowered to adopt delegated acts in accordance with Article 24a concerning technical amendments to Articles 5 and 8 to 22 which may be required as a result of differences between this Regulation and agreements signed with provisional application or concluded in accordance with Article 218 of the Treaty with the regions or states listed in Annex I.

Amendment  54

Proposal for a regulation - amending act

Annex – section 6 – point 2 a (new)

Regulation (EC) No 1528/2007

Article 24 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The following article is inserted:

 

"Article 24a

 

Exercise of the delegation

 

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

 

2. The delegation of power referred to in Article 2(2) and (3), Article 4(4) and Article 23 shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

3. The delegation of powers referred to in Articles 2(2) and (3), Article 4(4), and Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

 

5. A delegated act adopted pursuant to Articles 2(2) and (3), Article 4(4), and Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council."

 

_____________

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  55

Proposal for a regulation - amending act

Annex – section 7 – point -1 (new)

Regulation (EC) No 55/2008

Recital 12 a (new)

 

Text proposed by the Commission

Amendment

 

-1. The following recital is inserted:

 

"(12a) In order to permit the adjustment of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments required in light of changes in customs codes or for the conclusion of agreements with Moldova. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  56

Proposal for a regulation – amending act

Annex – section 7 – point 2

Regulation (EC) No 55/2008

Article 8b - paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Article 7 shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Article 7 shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

_______________

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  57

Proposal for a regulation - amending act

Annex – section 7 – point 2

Regulation (EC) No 55/2008

Article 8b - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  58

Proposal for a regulation - amending act

Annex – section 7 – point 2 a (new)

Regulation (EC) No 55/2008

Article 12 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The following article is inserted:

 

"Article 12a

 

1. The Commission shall present a biannual report on the application of this Regulation to the European Parliament.

 

2. The report shall include information on the implementation of this Regulation.

 

3. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement.

 

4. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."

Amendment  59

Proposal for a regulation – amending act

Annex – section 8

Text proposed by the Commission

Amendment

 

Section deleted

Justification

See the justification of Amendment 1.

Amendment  60

Proposal for a regulation - amending act

Annex – section 9 – point -1 (new)

Regulation (EC) No 1340/2008

Recital 9a (new)

 

Text proposed by the Commission

Amendment

 

-1. The following recital is inserted:

 

"(9a) In order to permit effective administration of certain restrictions, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex V. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament;"

Amendment  61

Proposal for a regulation – amending act

Annex – section 9 – point 2

Regulation (EC) No 1340/2008

Article 16a - paragraph 2

 

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Article 5(3) shall be conferred on the Commission for an indeterminate period of time.

2. The delegation of power referred to in Article 5(3) shall be conferred on the Commission for a period of 5 years from ...*. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5 year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

 

_____________

 

* OJ: Please insert the date of entry into force of this Regulation.

Amendment  62

Proposal for a regulation - amending act

Annex 1 – section 9 – point 2

Regulation (EC) No 1340/2008

Article 16a - paragraph 5

 

Text proposed by the Commission

Amendment

5. A delegated act adopted pursuant to Article 5(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Article 5(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 4 months at the initiative of the European Parliament or the Council.

Amendment  63

Proposal for a regulation – amending act

Annex – section 10

Text proposed by the Commission

Amendment

 

Section deleted

Justification

See the justification of Amendment 2.


EXPLANATORY STATEMENT

A. Context

The proposal under consideration for a Regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures ("Trade Omnibus II") is intended to bring 10 trade-policy regulations into line with the new primary-law provisions of the Lisbon Treaty. More specifically, it serves to align the regulations to Article 290 which for the first time introduces delegated acts into European law. It gives the legislator the possibility to delegate on the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act. The legislator retains the power to revoke the delegation at any time and thus take the relevant decision itself. In addition, any decision taken in the form of a delegated act may be vetoed by the legislator, it is sufficient for either the Council or Parliament to object to a draft delegated act proposed by the Commission.

The Commission proposal accompanies a first proposal the Commission has made on trade policy. That proposal (COM(2011)0082 "Trade Omnibus I") amends certain regulations relating to the common commercial policy as regards procedures where the Council was involved in decision-making which were not based on Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. It proposes that such procedures be converted into either delegated acts pursuant to Article 290 of the Treaty or implementing acts pursuant to Article 291.

The Trade Omnibus II proposal examines all remaining decision-making procedures found in trade policy legislation in order to adapt them, where appropriate, to the regime for delegated acts set down in Article 290. In principle these are decision-making procedures based on Council Decision 1999/468/EC. The Commission proposes that certain procedures be converted into delegated acts.

B. This report

1. Deletion of two Regulations from the COM proposal

The rapporteur proposes to delete the following two Regulations from the COM proposal:

· Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 to 31 December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007

Adaptation of the GSP Regulation to the new regime of implementing and delegated acts is dealt with by both Omnibus proposals from the Commission. Omnibus I report introduced numerous amendments changing proposed implementing acts to delegated acts in line with the Scholz Report of spring 2011. The two rapporteurs therefore agreed, for the sake of rationality, to keep all the amendments concerning adaptation of the GSP Regulation to the new comitology regime in the Omnibus I report. Consequently, the corresponding part should be deleted from Omnibus II. This is done by means of Amendments 1 and 21.

· Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process

On 13 October 2011, the EP adopted its position in the first reading concerning the Commission proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COD 2010/0036). This new amending Regulation addressed inter alia the issue of implementing acts and delegated acts, inserting corresponding provisions in Regulation EC No 1215/2009. It is therefore necessary to delete the part concerning this Regulation from Omnibus II. This is done by means of Amendments 2 and 24.

2. New Recitals to the amended Regulations

The Commission proposal did not address the recitals of the amended Regulations. The Rapporteur is of the view that it is necessary to amend the recitals of the basic acts in order to explain the use of delegated acts and to precisely define the objective, content and scope of the delegation. The rapporteur is also of the view that it is important to ensure the possibility for the Parliament's experts to attend expert meetings organised by the Commission in view of preparation and implementation of delegated acts. These two considerations are reflected in Amendments 3, 5, 7, 9, 11, 13, 19 and 22.

3. Limitation of the delegation of power in time

The rapporteur deems it appropriate to limit in time the conferral of powers on the Commission. Such limitation brings about more parliamentary control, obliging the Commission to draw up a report in respect of the delegation of power not later then nine months before the end of the established period. On the other hand, tacit extension of the delegation for a period of identical duration prevents overburdening of the legislators and facilitates the implementation of the Common commercial policy.

The rapporteur proposes to limit the delegation of power for a period of 5 years. Such period enables the Commission to duly carry out the delegation and provides the necessary legal certainty vis-à-vis the stakeholders, while guaranteeing an appropriate degree of parliamentary scrutiny in the spirit of the Lisbon Treaty. As comitology measures based on the Regulations subject to this report were not adopted very frequently in the past, this five-year period allows for the Commission's report to be sufficiently informative.

The rapporteur therefore deems it appropriate to amend the Commission proposal accordingly in all provisions concerning the Exercise of the delegation. This is done by means of Amendments 4, 6, 8, 10, 12, 18, 20 and 23.

4. Amendments to the Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements

The COM proposal for Omnibus I establishes the regime of delegated acts for measures adopted according to Article 2(2) and (3) and a procedural article on the Exercise of the delegation. The COM proposal on Omnibus II provides for delegated acts in Article 4(4) an Article 23, with a cross-reference to Omnibus I. The two rapporteurs agreed, for the sake of rationality, to keep all the provisions concerning adaptation of Regulation 1528/2007 to the regime of delegated acts in the Omnibus II report, by means of Amendments 14, 15, 16, 17 and 18 and by deleting the corresponding provisions from Omnibus I.

C. Conclusions

The rapporteur is tabling a report which is based on the changes brought about by Article 290 of the Lisbon Treaty and which systematically incorporates those changes into the secondary law in the area of the common commercial policy. The report aims at enabling the European Parliament, as a directly elected representative of the EU citizens, to bring into the full effect its newly-acquired powers and to carry out proper parliamentary control of the executive while at the same time enabling flexible, timely and predictable implementation of the common commercial policy.


PROCEDURE

Title

Amendment of certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures

References

COM(2011)0349 – C7-0162/2011 – 2011/0153(COD)

Date submitted to Parliament

15.6.2011

 

 

 

Committee responsible

       Date announced in plenary

INTA

23.6.2011

 

 

 

Committee(s) asked for opinion(s)

       Date announced in plenary

JURI

23.6.2011

 

 

 

Not delivering opinions

       Date of decision

JURI

27.10.2011

 

 

 

Rapporteur(s)

       Date appointed

Jörg Leichtfried

22.9.2011

 

 

 

Discussed in committee

25.1.2012

1.3.2012

 

 

Date adopted

27.3.2012

 

 

 

Result of final vote

+:

–:

0:

28

0

1

Members present for the final vote

William (The Earl of) Dartmouth, Damien Abad, Laima Liucija Andrikienė, Maria Badia i Cutchet, David Campbell Bannerman, Daniel Caspary, Marielle de Sarnez, Yannick Jadot, Metin Kazak, Bernd Lange, David Martin, Vital Moreira, Paul Murphy, Godelieve Quisthoudt-Rowohl, Niccolò Rinaldi, Helmut Scholz, Peter Šťastný, Robert Sturdy, Gianluca Susta, Keith Taylor, Iuliu Winkler, Jan Zahradil, Paweł Zalewski

Substitute(s) present for the final vote

Josefa Andrés Barea, Catherine Bearder, George Sabin Cutaş, Mário David, Elisabeth Köstinger, Jörg Leichtfried, Jarosław Leszek Wałęsa

Substitute(s) under Rule 187(2) present for the final vote

Gabriel Mato Adrover

Date tabled

2.4.2012

Posljednje ažuriranje: 16. listopada 2012.Pravna napomena