REPORT 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 procedures for the adoption of certain measures

2.2.2012 - (COM(2011)0082 – C7‑0069/2011 – 2011/0039(COD)) - ***I

Committee on International Trade
Rapporteur: Godelieve Quisthoudt-Rowohl

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 procedures for the adoption of certain measures

(COM(2011)0082 – C7‑0069/2011 – 2011/0039(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2011)0082),

–   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 (C7‑0069/2011),

–   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 (A7-0028/2012),

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 Recital 3 – indent 3 a (new)
Text proposed by the Commission	Amendment
	- Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products1,
	________________
	1 OJ L 318, 20.12.1993, p. 18.
Justification
Council Regulation (EC) No 2448/93 falls into the scope of this Regulation. It is based on ex-Article 113/133 of the EC Treaty; its objectives focus on common commercial policy matters; and it includes provisions that provide the Commission, the Council and the Member States with implementing powers that should be aligned to the provisions of Articles 290 and 291 TFUE as well as of Regulation 182/2011.
Amendment  2 Proposal for a regulation – amending act Recital 3 – indent 12 a (new)
Text proposed by the Commission	Amendment
	- Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment1;
	________________
	1OJ L 200, 30.7.2005, p.1.
Justification
Council Regulation (EC) No 2448/93 falls into the scope of this Regulation. It is based on ex-Article 133 of the EC Treaty; its objectives focus on common commercial policy matters in a way that is similar to Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual use items (recast) or to Regulation (XX/2011) implementing Article 10 of the United Nations’ Firearms Protocol and establishing export authorisation, import and transit measures for firearms, their parts and components and ammunition (COM(2010)0273 – C7-0138/2010 – 2010/0147(COD)); and it includes provisions that provide the Commission, the Council and the Member States with implementing powers that should be aligned to the provisions of Article 290.
Amendment  3 Proposal for a regulation – amending act Recital 3 – indent 23
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
This Regulation has been aligned to the requirements of Articles 290 and 291 by the 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 (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD)).
Amendment  4 Proposal for a regulation – amending act Article 2 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	Throughout the Regulations listed in the Annex, any reference to “European Community”, “Community”, “European Communities” or “Communities” shall be understood as a reference to the European Union or Union; any reference to the words ‘common market’ shall be understood as a reference to ‘internal market’; any reference to the words ‘Committee provided for in Article 113’, 'Committee provided for in Article 133', ‘Committee referred to in Article 113’ and 'Committee referred to in Article 133' shall be understood as a reference to ‘Committee provided for in Article 207'; any reference to the words 'Article 113 of the Treaty' or 'Article 133 of the Treaty' shall be understood as a reference to 'Article 207 of the Treaty'.
Justification
Technical Amendment to ensure transparency and consistency throughout the Regulation.
Amendment  5 Proposal for a regulation – amending act Annex – section 1 – point -1 (new) Regulation (EEC) No 2841/72 Recital 3 c (new)
Text proposed by the Commission Amendment   -1. The following Recital 3c shall be inserted:   "The implementation of the safeguard clauses of the bilateral Agreement requires uniform conditions for the adoption of provisional and definitive safeguard 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 powers1.   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  6 Proposal for a regulation – amending act Annex – section 1– point -1 a (new) Regulation (EEC) No 2841/72 Recital 3 d (new)
Text proposed by the Commission Amendment   -1a. The following Recital 3d shall be inserted:   "It is appropriate that the advisory procedure be used for the adoption of provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  7 Proposal for a regulation – amending act Annex – section 1 – point 3 Regulation (EEC) No 2841/72 Article 4 – paragraph 1
Text proposed by the Commission Amendment 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the procedure referred to in Article 7(2). In cases of urgency, Article 7(3) shall apply. 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(1a). In cases of urgency, Article 7(3) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  8 Proposal for a regulation – amending act Annex – section 1 – point 3 a (new) Regulation (EEC) No 2841/72 Article 5
Text proposed by the Commission Amendment   3a. Article 5 is deleted.
Justification
Article 5 currently reads "The provisions of this regulation shall not affect implementation of the safeguard clauses provided for in the Treaty, in particular in Articles 108 and 109 thereof, in accordance with the procedures therein provided for." Given that the TFUE does not refer to the former safeguard clauses of ex-Articles 108 and 109 ECT anymore, Article 5 is to be deleted.
Amendment  9 Proposal for a regulation – amending act Annex – section 1 – point 4 Regulation (EEC) No 2841/72 Article 7 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  10 Proposal for a regulation – amending act Annex – section 1 – point 4 Regulation (EEC) No 2841/72 Article 7 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  11 Proposal for a regulation – amending act Annex – section 1 – point 4 Regulation (EEC) No 2841/72 Article 7 – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  12 Proposal for a regulation – amending act Annex – section 1 – point 4 a (new) Regulation (EEC) No 2841/72 Article 7 a (new)
Text proposed by the Commission Amendment   4a. The following article shall be inserted:   "Article 7a   Report   1. The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.   2. The report shall also present a summary of the statistics and the evolution of trade with the Swiss Confederation.   3. The report shall include information on the implementation of this Regulation.   4. 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.   5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU´s (bilateral) trade relations. Especially when it comes to trade defense instruments (TDI) it is important for the public and the stakeholders to be well informed about all measures put in place.
Amendment  13 Proposal for a regulation – amending act Annex – section 2 – point -1 (new) Regulation (EEC) No 2843/72 Recital 3 c (new)
Text proposed by the Commission Amendment   -1. The following Recital 3c shall be inserted:   "The implementation of the safeguard clauses of the bilateral Agreement requires uniform conditions for the adoption of provisional and definitive safeguard 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 powers1.   _____________   1OJ L 55, 28.2.2011, p. 13."
Amendment  14 Proposal for a regulation – amending act Annex – section 2 – point -1 a (new) Regulation (EEC) No 2843/72 Recital 3 d (new)
Text proposed by the Commission Amendment   -1a. The following Recital 3d shall be inserted:   "It is appropriate that the advisory procedure be used for the adoption of provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  15 Proposal for a regulation – amending act Annex – section 2 – point 3 Regulation (EEC) No 2843/72 Article 4 – paragraph 1
Text proposed by the Commission Amendment 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 25, 25a and 27 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 28(3)(e) of the Agreement may be adopted by the Commission in accordance with the procedure referred to in Article 7(2). In cases of urgency, Article 7(3) shall apply. 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 25, 25a and 27 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 28(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(1a). In cases of urgency, Article 7(3) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  16 Proposal for a regulation – amending act Annex – section 2 – point 3 a (new) Regulation (EEC) No 2843/72 Article 5
Text proposed by the Commission Amendment   3a. Article 5 is deleted.
Justification
Article 5 currently reads: "The provisions of this regulation shall not affect implementation of the safeguard clauses provided for in the Treaty, in particular in Articles 108 and 109 thereof, in accordance with the procedures therein provided for." Given that the TFUE does not refer to the former safeguard clauses of ex-Articles 108 and 109 ECT anymore, Article 5 is to be deleted.
Amendment  17 Proposal for a regulation – amending act Annex – section 2 – point 4 Regulation (EEC) No 2843/72 Article 7 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  18 Proposal for a regulation – amending act Annex – section 2 – point 4 Regulation (EEC) No 2843/72 Article 7 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  19 Proposal for a regulation – amending act Annex – section 2 – point 4 Regulation (EEC) No 2843/72 Article 7 – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  20 Proposal for a regulation – amending act Annex – section 2 – point 4 a (new) Regulation (EEC) No 2843/72 Article 7 a (new)
Text proposed by the Commission Amendment   4a.The following article shall be inserted:   "Article 7a   Report   1. The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.   2. The report shall also present a summary of the statistics and the evolution of trade with the Swiss Confederation.   3. The report shall include information on the implementation of this Regulation.   4. 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.   5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU´s (bilateral) trade relations. Especially when it comes to trade defense instruments (TDI) it is important for the public and the stakeholders to be well informed about all measures put in place.
Amendment  21 Proposal for a regulation – amending act Annex – section 3 – point -1 (new) Regulation (EEC) No 1692/73 Recital 3 c (new)
Text proposed by the Commission Amendment   -1. The following Recital 3c shall be inserted:   "The implementation of the safeguard clauses of the bilateral Agreement requires uniform conditions for the adoption of provisional and definitive safeguard 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 powers1.   ________________   1OJ L 55, 28.2.2011, p. 13."
Amendment  22 Proposal for a regulation – amending act Annex – section 3 – point -1 a (new) Regulation (EEC) No 1692/73 Recital 3 d (new)
Text proposed by the Commission Amendment   -1a. The following Recital 3d shall be inserted:   "It is appropriate that the advisory procedure be used for the adoption of provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  23 Proposal for a regulation – amending act Annex – section 3 – point 3 Regulation (EEC) No 1692/73 Article 4 – paragraph 1
Text proposed by the Commission Amendment 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the procedure referred to in Article 7(2). In cases of urgency, Article 7(3) shall apply. 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(1a). In cases of urgency, Article 7(3) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  24 Proposal for a regulation – amending act Annex – section 3 – point 3 a (new) Regulation (EEC) No 1692/73 Article 5
Text proposed by the Commission Amendment   3a. Article 5 is deleted.
Justification
Article 5 currently reads: "The provisions of this regulation shall not affect implementation of the safeguard clauses provided for in the Treaty, in particular in Articles 108 and 109 thereof, in accordance with the procedures therein provided for." Given that the TFUE does not refer to the former safeguard clauses of ex-Articles 108 and 109 ECT anymore, Article 5 is to be deleted.
Amendment  25 Proposal for a regulation – amending act Annex – section 3 – point 4 Regulation (EEC) No 1692/73 Article 7 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  26 Proposal for a regulation – amending act Annex – section 3 – point 4 Regulation (EEC) No 1692/73 Article 7 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  27 Proposal for a regulation – amending act Annex – section 3 – point 4 Regulation (EEC) No 1692/73 Article 7 – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  28 Proposal for a regulation – amending act Annex – section 3 – point 4 a (new) Regulation (EEC) No 1692/73 Article 7 a (new)
Text proposed by the Commission Amendment   4a. The following article shall be inserted:   "Article 7a   Report   1. The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.   2. The report shall also present a summary of the statistics and the evolution of trade with the Swiss Confederation.   3. The report shall include information on the implementation of this Regulation.   4. 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.   5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU’s (bilateral) trade relations. Especially when it comes to trade defence instruments (TDI) it is important for the European Parliament as well as for the public and the stakeholders to be well informed about all measures put in place.
Amendment  29 Proposal for a regulation – amending act Annex – section 3 a – title (new)
Text proposed by the Commission	Amendment
	3a. Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
Justification
It is appropriate to amend Regulation (EC) No 3448/93 of December 1993 in order to ensure consistency with the provisions introduced by the Treaty of Lisbon. This is done, where appropriate, through the granting of delegated powers to the Commission and by applying certain procedures set out in Regulation (EU) No 182/2011. In all cases where the specific procedure of former Article 16 applied, the examination procedure pursuant to Article 5 of Regulation (EU) No 182/2011 is introduced. Where appropriate the possibilty of the adoption of immediately applicable implementing acts should be given. The right to set up detailed rules for apllying the Regulation and the right to amend the annex is in several cases delegated to the Commission.
Amendment  30 Proposal for a regulation – amending act Annex – section 3 a – introductory part (new)
Text proposed by the Commission	Amendment
	As regards Regulation (EC) No 3448/93, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty for the purpose of adopting detailed rules, and amending the Annex to that Regulation. As regards Regulation (EC) No 3448/93, the Commission should be empowered to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.
Amendment  31 Proposal for a regulation – amending act Annex – section 3 a – point 1 (new) Regulation (EC) No 3448/93 Recital 17 a (new)
Text proposed by the Commission Amendment   1. The following Recital 17a shall be inserted:   "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 adopting detailed rules for applying paragraphs 1 to 3 of Article 6 pursuant to Article 6(4), adopting detailed rules for determining and managing reduced agricultural components pursuant to Article 7(2), and amending Table 2 of Annex B. It is of particular importance that the Commission carries 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."
Amendment  32 Proposal for a regulation – amending act Annex – section 3 a – point 2 (new) Regulation (EC) No 3448/93 Recital 18
Text proposed by the Commission Amendment   2. Recital 18 is replaced by the following:   "The implementation of this Regulation requires uniform conditions for the adoption of various measures and adopting detailed rules for communication between the Commission and Member States. 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 powers1.   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  33 Proposal for a regulation – amending act Annex – section 3 a – point 3 (new) Regulation (EC) No 3448/93 Article 2 – paragraph 4
Text proposed by the Commission Amendment   3. Article 2 paragraph 4 shall be replaced by the following:   "4. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning the adoption of detailed rules for application of this Regulation."
Amendment  34 Proposal for a regulation – amending act Annex – section 3 a – point 4 (new) Regulation (EC) No 3448/93 Article 6 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment   4. Article 6(4) first subparagraph is replaced by the following:   "4. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning the adoption of the detailed rules for applying this Article."
Amendment  35 Proposal for a regulation – amending act Annex – section 3 a – point 5 (new) Regulation (EC) No 3448/93 Article 7 – paragraph 2 – introductory part
Text proposed by the Commission Amendment   5. Article 7(2) introductory part is replaced by the following:   "2. Where a preferential agreement provides for a reduction in the agricultural component, whether or nor within the limits of a tariff quota, the Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning the adoption of the detailed rules for determining and managing such reduced agricultural components [...], provided the agreement specifies:"
Amendment  36 Proposal for a regulation – amending act Annex – section 3 a – point 6 (new) Regulation (EC) No 3448/93 Article 7 – paragraph 3
Text proposed by the Commission Amendment   6. Article 7(3) is replaced by the following:   "3. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning the adoption of detailed rules necessary for initiating and managing reductions in the non-agricultural components of the charge [...]."
Amendment  37 Proposal for a regulation – amending act Annex – section 3 a – point 7 (new) Regulation (EC) No 3448/93 Article 8
Text proposed by the Commission Amendment   7. Article 8 is amended as follows:   (a) Paragraph 3 is replaced by the following:   "3. The common implementing rules for the refund arrangements referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 16(2)."   (b) Paragraph 4, subparagraph 2 is replaced by the following:   "These amounts shall be established in accordance with the examination procedure referred to in Article 16(2). The implementing rules which may be necessary pursuant to this paragraph, and in particular measures to ensure that goods declared for export under a preferential arrangement are not in fact exported under a non-preferential arrangement or vice versa, shall be adopted by the same procedure."   (c) Paragraph 6 is replaced by the following:   "6. The amount below which small exporters may be exempted from presentation of certificates under the export refund arrangements shall be set at EUR 50 000 per year. This ceiling may be adjusted, in accordance with the examination procedure referred to in Article 16(2)."
Amendment  38 Proposal for a regulation – amending act Annex – section 3 a – point 8 (new) Regulation (EC) No 3448/93 Article 9
Text proposed by the Commission Amendment   8. Article 9 is replaced by the following:   "Article 9   Where, pursuant to a regulation on the common organisation of a particular market, levies, charges or other measures are applied to exports of an agricultural product listed in Annex A, appropriate measures with regard to certain goods the export of which is likely to hinder achievement of the objective in the agricultural sector in question, because of their high content of the agricultural product concerned and the uses to which they may be put, may be decided, in accordance with the examination procedure referred to in Article 16(2), taking due account of the specific interest of the processing industry. In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3)."
Amendment  39 Proposal for a regulation – amending act Annex – section 3 a – point 9 (new) Regulation (EC) No 3448/93 Article 10a – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment   9. Article 10a(4) first subparagraph is replaced by the following:   "4. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning the adoption of detailed implementing rules [...]."
Amendment  40 Proposal for a regulation – amending act Annex – section 3 a – point 10 (new) Regulation (EC) No 3448/93 Article 11 – paragraph 1 – subparagraph 3
Text proposed by the Commission Amendment   10. Article 11(1) third subparagraph is replaced by the following:   "The detailed rules for the application of the second subparagraph, making it possible to determine the basic products to be admitted under inward processing arrangements and check and plan the quantities thereof, shall guarantee greater clarity for operators through prior publication of indicative import quantities for each individual COM. These shall be published on a regular basis, depending on the use of such quantities. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning the adoption of detailed application rules [...]."
Amendment  41 Proposal for a regulation – amending act Annex – section 3 a – point 11 (new) Regulation (EC) No 3448/93 Article 12 – paragraph 2
Text proposed by the Commission Amendment   11. Article 12(2) is replaced by the following:   "2. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b to amend Table 2 of Annex B in order to adapt it to the agreements concluded by the Union."
Amendment  42 Proposal for a regulation – amending act Annex – section 3 a – point 12 (new) Regulation (EC) No 3448/93 Article 13 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment   12. Article 13(2) second subparagraph is replaced by the following:   "The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b to amend this Regulation [...]."
Amendment  43 Proposal for a regulation – amending act Annex – section 3 a – point 13 (new) Regulation (EC) No 3448/93 Article 14
Text proposed by the Commission Amendment   13. Article 14 is replaced by the following:   "1. The threshold or thresholds below which the amounts established in accordance with Articles 6 and 7 shall be fixed at zero may be laid down in accordance with the examination procedure referred to in Article 16(2). In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). The non-application of these agricultural components may be made subject to special conditions, in accordance with the same procedure, in order to avoid creating artificial trade flows.   2. A threshold below which Member States may refrain from applying amounts to be granted or levied pursuant to this Regulation, in connection with a given economic transaction, may be established in accordance with the examination procedure referred to in Article 16(2) if the balance of these amounts is lower than the threshold. In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3)."
Amendment  44 Proposal for a regulation – amending act Annex – section 3 a – point 14 (new) Regulation (EC) No 3448/93 Article 14 a (new)
Text proposed by the Commission Amendment   14. The following article shall be inserted:   "Article 14a   Conferral of powers   The Commission shall be empowered to adopt delegated acts in accordance with Article 14b concerning the adoption of the detailed rules for applying Article 4(1) and 4(2), the adoption of the detailed rules for applying paragraphs 1 to 3 of Article 6 pursuant to Article 6(4), the adoption of the detailed rules for determining and managing reduced agricultural components pursuant to Article 7(2), and to amend Table 2 of Annex B."
Amendment 45 Proposal for a regulation – amending act Annex – section 3 a – point 15 (new) Regulation (EC) No 3448/93 Article 14 b (new)
Text proposed by the Commission Amendment   15. The following article shall be inserted:   "Article 14b   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 7 shall be conferred on the Commission for a period of 5 years. 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 power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on 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 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 two 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 two months at the initiative of the European Parliament or the Council."
Amendment  46 Proposal for a regulation – amending act Annex – section 3 a – point 16 (new) Regulation (EC) No 3448/93 Article 17
Text proposed by the Commission Amendment   16. Article 17 is deleted.
Amendment  47 Proposal for a regulation – amending act Annex – section 3 a – point 17 (new) Regulation (EC) No 3448/93 Article 18
Text proposed by the Commission Amendment   17. Article 18 is replaced by the following:   "The measures necessary to adapt this Regulation to amendments made to the Regulations on the common organisation of the market in agricultural products in order to maintain the existing arrangements shall be adopted in accordance with the examination procedure referred to in Article 16(2)."
Amendment  48 Proposal for a regulation – amending act Annex – section 3 a – point 18 (new) Regulation (EC) No 3448/93 Article 20
Text proposed by the Commission Amendment   18. Article 20 is replaced by the following:   "The Member States shall communicate to the Commission the information necessary for implementing this Regulation, on the one hand, on imports, exports and, even where appropriate, production of the goods and, on the other, on the administrative implementing measures adopted. The detailed rules for communication of this information shall be laid down in accordance with the examination procedure referred to in Article 16(2)."
Amendment  49 Proposal for a regulation – amending act Annex – section 4 – point -1 (new) Regulation (EC) No 3286/94 Recital 4 a (new)
Text proposed by the Commission Amendment   -1. The following Recital 4a shall be inserted:   "In order to ensure uniform conditions for the implementation of this regulation, implementig powers should be conferred on the Commission. 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 powers1.   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  50 Proposal for a regulation – amending act Annex – section 4 – point -1 a (new) Regulation (EC) No 3286/94 Recital 4 b (new)
Text proposed by the Commission Amendment   -1a. The following Recital 4b shall be inserted:   "It is appropriate that the advisory procedure be used for the suspension of ongoing examination measures given the effects of these measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  51 Proposal for a regulation – amending act Annex – section 4 – point -1 b (new) Regulation (EC) No 3286/94 Recital 9
Text proposed by the Commission Amendment   -1b. Recital 9 is replaced by the following:"   "Whereas regard should be paid to the institutional and procedural provisions of Article 207 of the Treaty on the Functioning of the European Union; whereas, therefore, the European Parliament and the committee established pursuant to that Article should be kept informed of the development of individual cases, in order to enable them to consider their broader policy implications;"
Justification
According to Article 207 TFEU, the respective Committee (TPC) does not have the power to formulate "advice for the institutions of the Community on all issues of commercial policy". If the legislator wants to widen the competence of the TPC in such a way, it should do so by providing the "advisory function" for both the European Parliament and the TPC.
Amendment  52 Proposal for a regulation – amending act Annex – section 4 – point -1 c (new) Regulation (EC) No 3286/94 Recital 10
Text proposed by the Commission Amendment   -1c. Recital 10 is replaced by the following:   "Whereas, moreover, to the extent that an agreement with a third country appears to be the most appropriate means to resolve a dispute arising from an obstacle to trade, negotiations to this end shall be conducted according to the procedures established in Article 207 of the Treaty, in particular in consultation with the committee established thereby and the European Parliament;"
Justification
According to Article 207 TFUE, the respective Committee (TPC) performs as a consultative body for the Commission, while the latter informs the European Parliament at the same level as the TPC on all matters regarding international trade agreements. Therefore, the Recital should clarify the new roles of the Commission, the TPC and the European Parliament regarding the initial stages towards the conclusion of an international trade agreement.
Amendment  53 Proposal for a regulation – amending act Annex – section 4 – point 3 – point b Regulation (EC) No 3286/94 Article 7 – paragraph 1 – point a a (new)
Text proposed by the Commission Amendment   (aa) Where reference is made to this paragraph, Article 4 of Regulation EU No 182/2011 shall apply.
Amendment  54 Proposal for a regulation – amending act Annex – section 4 – point 3 – point b Regulation (EC) No 3286/94 Article 7 – paragraph 1 – point b a (new)
Text proposed by the Commission Amendment   (ba) 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  55 Proposal for a regulation – amending act Annex – section 4 – point 6 – point a Regulation (EC) No 3286/94 Article 11 – paragraph 1
Text proposed by the Commission Amendment 1. When it is found as a result of the examination procedure that the interests of the Union do not require any action to be taken, the procedure shall be terminated by the Commission acting in accordance with the procedure referred to in Article 7(1)(b). 1. When it is found as a result of the examination procedure that the interests of the Union do not require any action to be taken, the procedure shall be terminated by the Commission acting in accordance with the examination procedure referred to in Article 7(1)(b). The chair may obtain the committee´s opinion by means of the written procedure referred to in Article 7(1)(ba).
Justification
Given the fact that a suspension of the procedure is only an intermediate stage and that the final decisions is either taken in accordance with the examination procedure or in accordance with the ordinary legislative procedure, it is appropriate that the advisory procedure applies.
Amendment  56 Proposal for a regulation – amending act Annex – section 4 – point 6 – point b Regulation (EC) No 3286/94 Article 11 – paragraph 2 – point a
Text proposed by the Commission Amendment 2. (a) When, after an examination procedure, the third country or countries concerned take(s) measures which are considered satisfactory, and therefore no action by the Union is required, the procedure may be suspended by the Commission acting in accordance with the procedure referred to in Article 7(1)(b). 2. (a) When, after an examination procedure, the third country or countries concerned take(s) measures which are considered satisfactory, and therefore no action by the Union is required, the procedure may be suspended by the Commission acting in accordance with the advisory procedure referred to in Article 7(1)(aa).
Amendment  57 Proposal for a regulation – amending act Annex – section 4 – point 6 – point c Regulation (EC) No 3286/94 Article 11 – paragraph 3
Text proposed by the Commission Amendment 3. Where, either after an examination procedure, or at any time before, during and after an international dispute settlement procedure, it appears that the most appropriate means to resolve a dispute arising from an obstacle to trade is the conclusion of an agreement with the third country or countries concerned, which may change the substantive rights of the Union and of the third country or countries concerned, the procedure shall be suspended by the Commission acting in accordance with the procedure referred to in Article 7(1)(b), and negotiations shall be carried out according to the provisions of Article 207 of the Treaty. 3. Where, either after an examination procedure, or at any time before, during and after an international dispute settlement procedure, it appears that the most appropriate means to resolve a dispute arising from an obstacle to trade is the conclusion of an agreement with the third country or countries concerned, which may change the substantive rights of the Union and of the third country or countries concerned, the procedure shall be suspended by the Commission acting in accordance with the advisory procedure referred to in Article 7(1)(aa), and negotiations shall be carried out according to the provisions of Article 207 of the Treaty.
Amendment  58 Proposal for a regulation – amending act Annex – section 4 – point 7 a (new) Regulation (EC) No 3286/94 Article 13 a (new)
Text proposed by the Commission Amendment   7a. The following article shall be inserted:   "Article 13a   Report   The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission and the Trade Barriers Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU´s trade relations. All facts concerning a WTO dispute settlement procedure are of the highest interest to the European Parliament and the public.
Amendment  59 Proposal for a regulation – amending act Annex – section 5 – point -1 (new) Regulation (EC) No 385/96 Recital 25
Text proposed by the Commission Amendment   -1. Recital 25 is replaced by the following:   "(25) In order to ensure uniform conditions for the implementation of this regulation, implementig powers should be conferred on the Commission. 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 powers1.   ________________   1OJ L 55, 28.2.2011, p. 13."
Amendment  60 Proposal for a regulation – amending act Annex – section 5 – point 2 – point a Regulation (EC) No 385/96 Article 7 – paragraph 2
Text proposed by the Commission Amendment Where measures are unnecessary the investigation or proceedings shall be terminated. The Commission shall terminate the investigation in accordance with the procedure referred to in Article 10(2). Where measures are unnecessary the investigation or proceedings shall be terminated. The Commission shall terminate the investigation in accordance with the examination procedure referred to in Article 10(2). The chair may obtain the committee´s opinion by means of the written procedure referred to in Article 10(2a).
Amendment  61 Proposal for a regulation – amending act Annex – section 5 – point 5 Regulation (EC) No 385/96 Article 10 – paragraph 2 a (new)
Text proposed by the Commission Amendment   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  62 Proposal for a regulation – amending act Annex – section 5 – point 7 a (new) Regulation (EC) No 385/96 Article 14 a (new)
Text proposed by the Commission Amendment   7a. The following article shall be inserted:   "Article 14a   Report   The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission and the Injurious Pricing of Vessels Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU’s trade relations.
Amendment  63 Proposal for a regulation – amending act Annex – section 6 – point -1 (new) Regulation (EC) No 2271/96 Recital 9
Text proposed by the Commission Amendment   -1. Recital 9 is replaced by the following:   "The implementation of this Regulation requires uniform conditions for establishing criteria for the authorisation of persons to comply fully or partially, to the extent that non-compliance would seriously damage their interests or those of the Union, with any requirement or prohibition, including requests of foreign courts. 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 powers1;   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  64 Proposal for a regulation – amending act Annex – section 6 – point -1 a (new) Regulation (EC) No 2271/96 Recital 9 a (new)
Text proposed by the Commission Amendment   -1a. The following Recital 9a shall be inserted:   " 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 adding or deleting laws to or from the Annex to this Regulation. It is of particular importance that the Commission carries 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."
Amendment  65 Proposal for a regulation – amending act Annex – section 6 – point 2 Regulation (EC) No 2271/96 Article 8 – paragraph 1
Text proposed by the Commission Amendment 1. For the purposes of the implementation of Article 7(b) and (c), the Commission shall be assisted by the Committee on Extra-territorial Legislation. That Committee shall be a Committee within the meaning of Regulation (EU) No […./2011]. 1. For the purposes of the implementation of Article 7(b) and (c), the Commission shall be assisted by the Committee on Extra-territorial Legislation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in paragraph 2 of this Article. The Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  66 Proposal for a regulation – amending act Annex – section 6 – point 2 Regulation (EC) No 2271/96 Article 8 – paragraph 2 a (new)
Text proposed by the Commission Amendment   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  67 Proposal for a regulation – amending act Annex – section 6 – point 3 Regulation (EC) No 2271/96 Article 11 a
Text proposed by the Commission Amendment 1. The powers to adopt the delegated acts referred to in Article 1 shall be conferred on the Commission for an indeterminate period of time. The Commission shall be empowered to adopt delegated acts in accordance with Article 1 concerning the addition or deletion of laws to or from the Annex to this Regulation. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.   3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 11b and 11c.
Amendment  68 Proposal for a regulation – amending act Annex – section 6 – point 3 Regulation (EC) No 2271/96 Article 11 b
Text proposed by the Commission Amendment 1. The delegation of power referred to in the second subparagraph of Article 1 may be revoked at any time by the European Parliament or by the Council. 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. 2. The powers to adopt the delegated acts referred to in Article 1 shall be conferred on the Commission for an indeterminate period of time. 3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. 3. The delegation of power referred to in Article 1 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.   3a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.   3b. A delegated act adopted pursuant to Article 1 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or of the Council.   3c. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation."
Amendment  69 Proposal for a regulation – amending act Annex – section 6 – point 3 Regulation (EC) No 2271/96 Article 11 c
Text proposed by the Commission Amendment Article 11c deleted 1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.   2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.   4. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Amendment  70 Proposal for a regulation – amending act Annex – section 7 – point -1 (new) Regulation (EC) No 1515/2001 Recital 6 a (new)
Text proposed by the Commission Amendment   -1. The following recital shall be inserted:   "(6a) The implementation of this Regulation requires uniform conditions for adopting or suspending measures to comply with the recommendations and rulings of the WTO Dispute Settlement Body. 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  71 Proposal for a regulation – amending act Annex – section 7 – point -1 a (new) Regulation (EC) No 1515/2001 Recital 6 b (new)
Text proposed by the Commission Amendment   -1a. The following recital shall be inserted:   "(6b) It is appropriate that the advisory procedure be used for the suspension of measures for a limited period of time given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  72 Proposal for a regulation – amending act Annex – section 7 – point 1 – point a a (new) Regulation (EC) No 1515/2001 Article 1 – paragraph 1 – point b
Text proposed by the Commission Amendment   (aa) Paragraph 1, point b is replaced by the following:   "(b) adopt any other special measures implementing a legislative act which are deemed to be appropriate in the circumstances."
Amendment  73 Proposal for a regulation – amending act Annex – section 7 – point 1 – point c Regulation (EC) No 1515/2001 Article 1 – paragraph 4
Text proposed by the Commission Amendment 4. Insofar as it is appropriate to suspend the disputed or amended measure, such suspension shall be granted for a limited period of time by the Commission, acting in accordance with the procedure referred to in Article 3a(2). 4. Insofar as it is appropriate to suspend the disputed or amended measure, such suspension shall be granted for a limited period of time by the Commission, acting in accordance with the advisory procedure referred to in Article 3a(1a).
Justification
It is appropriate to clarify the text in paragraph 1(b) in order to avoid giving the impression that legislative acts or delegated acts can be modified under this power. Regarding paragraph 4., it is appropriate that the advisory procedure applies for the suspension of the disputed or amended measure, since it is only an intermediate stage and the final decisions are taken in accordance with the examination procedure.
Amendment  74 Proposal for a regulation – amending act Annex – section 7 – point 2 – point c Regulation (EC) No 1515/2001 Article 2 – paragraph 4
Text proposed by the Commission Amendment 4. Insofar as it is appropriate to suspend the non-disputed or amended measure, such suspension shall be granted for a limited period of time by the Commission, acting in accordance with the procedure referred to in Article 3a(2). 4. Insofar as it is appropriate to suspend the non-disputed or amended measure, such suspension shall be granted for a limited period of time by the Commission, acting in accordance with the advisory procedure referred to in Article 3a(1a).
Justification
Given the fact that a suspension of the non-disputed or amended measure is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  75 Proposal for a regulation – amending act Annex – section 7 – point 3 Regulation (EC) No 1515/2001 Article 3 a – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  76 Proposal for a regulation – amending act Annex – section 7 – point 3 Regulation (EC) No 1515/2001 Article 3 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   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  77 Proposal for a regulation – amending act Annex – section 7 – point 3 a (new) Regulation (EC) No 1515/2001 Article 3 b (new)
Text proposed by the Commission Amendment   3a. The following article shall be inserted:   "Article 3b   The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities, proceedings, and decisions of the Commission, of the Anti-Dumping Committee, and of the Anti-Subsidy Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU’s trade relations. All facts concerning a WTO dispute settlement procedure are of the highest interest to the European Parliament and the public.
Amendment  78 Proposal for a regulation – amending act Annex – section 8 – point -1 (new) Regulation (EC) No 2248/2001 Recital 6
Text proposed by the Commission Amendment   -1. Recital 6 is replaced by the following:   "(6) Implementing Acts of the Commission amending the Combined Nomenclature and Taric codes do not entail any substantive changes."
Amendment  79 Proposal for a regulation – amending act Annex – section 8 – point -1 a (new) Regulation (EC) No 2248/2001 Recital 10
Text proposed by the Commission Amendment   -1a. Recital 10 is replaced by the following:   "(10) The implementation of this Regulation requires uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part. 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 powers1.   ________________   1OJ L 55, 28.2.2011, p. 13."
Amendment  80 Proposal for a regulation – amending act Annex – section 8 – point - 1 b (new) Regulation (EC) No 2248/2001 Recital 10 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(10a) It is appropriate that the advisory procedure be used for the adoption of immediate measures in case of exceptional and critical circumstances given the effects of these measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  81 Proposal for a regulation – amending act Annex – section 8 – point -1 c (new) Regulation (EC) No 2248/2001 Recital 10 b (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(10b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 25(4)(b) and Article 26(4) of the Interim Agreement, and thereafter Article 38(4)(b) and Article 39(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require."
Amendment  82 Proposal for a regulation – amending act Annex – section 8 – point -1 d (new) Regulation (EC) No 2248/2001 Article 2
Text proposed by the Commission Amendment   -1d. Article 2 is replaced by the following:   "Article 2   Concessions on baby-beef     Detailed rules for the implementation of Article 14(2) of the Interim Agreement, and thereafter Article 27(2) of the Stabilisation and Association Agreement, concerning the tariff quota for ‘baby-beef’ products shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5)."
Amendment  83 Proposal for a regulation – amending act Annex – section 8 – point -1 e (new) Regulation (EC) No 2248/2001 Article 3
Text proposed by the Commission Amendment   -1e. Article 3 is deleted.
Justification
Due to the entry into force of the TFEU and Regulation (EU) No 182/20011, references to Council Decision 1999/468/EC are no longer valid.
Amendment  84 Proposal for a regulation – amending act Annex – section 8 – point -1 f (new) Regulation (EC) No 2248/2001 Article 4
Text proposed by the Commission Amendment   -1f. Article 4 is replaced by the following:   "Article 4   Concessions on fishery products   Detailed rules for the implementation of Article 15(1) of the Interim Agreement, and thereafter Article 28(1) of the Stabilisation and Association Agreement, concerning the tariff quotas for fish and fishery products listed in Annex Va of both Agreements, shall be adopted by the Commission in accordance with the examination procedure set out in Article 7fa(5)."
Amendment  85 Proposal for a regulation – amending act Annex – section 8 – point -1 g (new) Regulation (EC) No 2248/2001 Article 5
Text proposed by the Commission Amendment   -1g. Article 5 is deleted.
Justification
Due to the entry into force of the TFEU and Regulation (EU) No 182/20011, references to Council Decision 1999/468/EC are no longer valid.
Amendment  86 Proposal for a regulation – amending act Annex – section 8 – point -1 h (new) Regulation (EC) No 2248/2001 Article 7
Text proposed by the Commission Amendment   -1h. Article 7 replaced by the following:   "Article 7   Technical adaptations   Amendments and technical adaptations to the detailed rules on implementation adopted pursuant to this Regulation, which are necessary following changes to the Combined Nomenclature codes and to the Taric subdivisions or arising from the conclusion of new agreements, protocols, exchanges of letters or other acts between the Union and Croatia, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure set out in Article 7fa(5) of this Regulation."
Amendment  87 Proposal for a regulation – amending act Annex – section 8 – point 1 – point a Regulation (EC) No 2248/2001 Article 7 a – paragraphs 3a and 3b
Text proposed by the Commission Amendment (a) The following paragraphs 3a and 3b are inserted: (a) Paragraphs 2, 3 and 4 are deleted. "3a. Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/2011] shall apply.   3b. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof."
Amendment  88 Proposal for a regulation – amending act Annex – section 8 – point 1 – point b Regulation (EC) No 2248/2001 Article 7 a – paragraph 6 – subparagraph 1
Text proposed by the Commission Amendment On the completion of the consultations, and if no other arrangement proves possible, the Commission may decide in accordance with the procedure referred to in Article 7a(3a) either not to act or to adopt appropriate measures provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement. In cases of urgency, Article 7a(3b) shall apply. On the completion of the consultations, and if no other arrangement proves possible, the Commission may decide in accordance with the examination procedure referred to in Article 7fb(5) either not to act or to adopt appropriate measures provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement. In cases of urgency, Article 7fa(7) shall apply.
Amendment  89 Proposal for a regulation – amending act Annex – section 8 – point 2 Regulation (EC) No 2248/2001 Article 7 b – paragraph 1
Text proposed by the Commission Amendment Where exceptional and critical circumstances arise within the meaning of Article 25(4)(b) and Article 26(4) of the Interim Agreement, and thereafter Article 38(4)(b) and Article 39(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement, in accordance with the procedure referred to in Article 7a(3a). In cases of urgency, Article 7a(3b) shall apply. Where exceptional and critical circumstances arise within the meaning of Article 25(4)(b) and Article 26(4) of the Interim Agreement, and thereafter Article 38(4)(b) and Article 39(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement, in accordance with the advisory procedure referred to in Article 7fa(4). In cases of urgency, Article 7fa(6) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  90 Proposal for a regulation – amending act Annex – section 8 – point 3 Regulation (EC) No 2248/2001 Article 7 e – paragraph 1 – second sentence
Text proposed by the Commission Amendment Where necessary it shall adopt safeguard measures in accordance with the procedure referred to in Article 7a(3a), except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community applies, where measures shall be taken according to the procedures laid down in that Regulation. Where necessary it shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7fa(5), except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community applies, where measures shall be taken according to the procedures laid down in that Regulation.
Amendment  91 Proposal for a regulation – amending act Annex – section 8 – point 3 a (new) Regulation (EC) No 2248/2001 Article 7 f – paragraphs 3–6
Text proposed by the Commission Amendment   3a. Article 7f is amended as follows:   (a) Paragraph 3 is replaced by the following:   "3. Pending a mutually satisfactory solution having been reached in the consultations referred to in paragraph 2, the Commission may decide on other appropriate measures it deems necessary in accordance with Article 30 of the Interim Agreement, and thereafter Article 43 of the Stabilisation and Association Agreement, as well as with the examination procedure referred to in Article 7fa(5)."   (b) Paragraphs 4, 5, and 6 are deleted.
Amendment  92 Proposal for a regulation – amending act Annex – section 8 – point 3 b (new) Regulation (EC) No 2248/2001 Article 7 f a (new)
Text proposed by the Commission Amendment   3b. The following article shall be inserted:   "Article 7fa   Committee procedure   1. For the purposes of Article 2 the Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   2. For the purpose of Article 4 the Commission shall be assisted by the the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   3. For the purpose of Articles 7a, 7b, 7e, 7f the Commission shall be assisted by the Advisory Committee established by Article 4 of Council Regulation (EC) No 3285/94. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.   5. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.   6. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.   7. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 5 thereof.   8. 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  93 Proposal for a regulation – amending act Annex – section 9 – point -1 (new) Regulation (EC) No 153/2002 Recital 6
Text proposed by the Commission Amendment   -1. Recital 6 is replaced by the following:   "(6) Implementing Acts of the Commission amending the Combined Nomenclature and TARIC codes do not entail any substantive changes."
Amendment  94 Proposal for a regulation – amending act Annex – section 9 –point -1 a (new) Regulation (EC) No 153/2002 Recital 11
Text proposed by the Commission Amendment   -1a. Recital 11 is replaced by the following:   "(11) The implementation of this Regulation requires uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, which was signed in Luxembourg on 9 April 2001. 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 powers1.   ________________   1OJ L 55, 28.2.2011, p. 13."
Amendment  95 Proposal for a regulation – amending act Annex – section 9 – point -1 b (new) Regulation (EC) No 153/2002 Recital 11 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(11a) It is appropriate that the advisory procedure be used for the adoption of immediate measures in case of exceptional and critical circumstances given the effects of these measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  96 Proposal for a regulation – amending act Annex – section 9 – point -1 c (new) Regulation (EC) No 153/2002 Recital 11 b (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(11b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 24(4)(b) and Article 25(4) of the Interim Agreement, and thereafter Article 37(4)(b) and Article 38(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require."
Amendment  97 Proposal for a regulation – amending act Annex – section 9 – point -1 d (new) Regulation (EC) No 153/2002 Article 2
Text proposed by the Commission Amendment   -1d. Article 2 is replaced by the following:   "Article 2   Concessions on baby-beef   Detailed rules for the implementation of Article 14(2) of the Interim Agreement, and thereafter Article 27(2) of the Stabilisation and Association Agreement, concerning the tariff quota for ‘baby-beef’ products shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5)."
Justification
Amendment  98 Proposal for a regulation – amending act Annex – section 9 – point -1 e (new) Regulation (EC) No 153/2002 Article 3
Text proposed by the Commission Amendment   -1e. Article 3 is deleted.
Justification
Article 3 that currently reads "Applicable procedure -- 1. The Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. -- 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. -- The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. -- 3. The Committee shall adopt its rules of procedure." is to be covered by the new system of implementing acts.
Amendment  99 Proposal for a regulation – amending act Annex – section 9 – point -1 f (new) Regulation (EC) No 153/2002 Article 4
Text proposed by the Commission Amendment   -1f. Article 4 is replaced by the following:   "Article 4   Further concessions   If additional concessions for fishery products are granted within tariff quotas, pursuant to Article 29 of the Stabilisation and Association Agreement and of Article 16 of the Interim Agreement, detailed rules for the implementation of these tariff quotas shall be adopted by the Commission in accordance with the examination procedure set out in Article 7fa(5)."
Amendment  100 Proposal for a regulation – amending act Annex – section 9 – point -1 g (new) Regulation (EC) No 153/2002 Article 5
Text proposed by the Commission Amendment   -1g. Article 5 is deleted.
Amendment  101 Proposal for a regulation – amending act Annex – section 9 – point -1 h (new) Regulation (EC) No 153/2002 Article 7
Text proposed by the Commission Amendment   -1h. Article 7 is replaced by the following:   "Article 7   Technical adaptations   Amendments and technical adaptations to the detailed rules on implementation adopted pursuant to this Regulation, which are necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, exchanges of letters or other acts between the Union and the Former Yugoslav Republic of Macedonia, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure set out in Article 7fa(5) of this Regulation."
Amendment  102 Proposal for a regulation – amending act Annex – section 9 – point 1 – point a Regulation (EC) No 153/2002 Article 7 a – paragraphs 3a and 3b
Text proposed by the Commission Amendment (a) The following paragraphs 3a and 3b are inserted: (a) Paragraphs 2, 3 and 4 are deleted. "3a. Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/2011] shall apply.   3b. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof."
Amendment  103 Proposal for a regulation – amending act Annex – section 9 – point 1 – point b Regulation (EC) No 153/2002 Article 7 a – paragraph 6 – subparagraph 1
Text proposed by the Commission Amendment On the completion of the consultations, and if no other arrangement proves possible, the Commission may decide in accordance with the procedure referred to in Article 7a(3a) either not to act or to adopt appropriate measures provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement. In cases of urgency, Article 7a(3b) shall apply. On the completion of the consultations, and if no other arrangement proves possible, the Commission may decide in accordance with the examination procedure referred to in Article 7fa(5) either not to act or to adopt appropriate measures provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement. In cases of urgency, Article 7fa(7) shall apply.
Amendment  104 Proposal for a regulation – amending act Annex – section 9 – point 2 Regulation (EC) No 153/2002 Article 7 b – paragraph 1
Text proposed by the Commission Amendment Where exceptional and critical circumstances arise within the meaning of Article 24(4)(b) and Article 25(4) of the Interim Agreement, and thereafter Article 37(4)(b) and Article 38(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement, in accordance with the procedure referred to in Article 7a(3a). In cases of urgency, Article 7a(3b) shall apply. Where exceptional and critical circumstances arise within the meaning of Article 24(4)(b) and Article 25(4) of the Interim Agreement, and thereafter Article 37(4)(b) and Article 38(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement, in accordance with the advisory procedure referred to in Article 7fb(4). In cases of urgency, Article 7fb(6) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  105 Proposal for a regulation – amending act Annex – section 9 – point 3 Regulation (EC) No 153/2002 Article 7 e – paragraph 1 – second sentence
Text proposed by the Commission Amendment Where necessary it shall adopt safeguard measures in accordance with the procedure referred to in Article 7a(3a), except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community applies, where measures shall be taken according to the procedures laid down in that Regulation. Where necessary it shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7fa(5), except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community applies, where measures shall be taken according to the procedures laid down in that Regulation.
Amendment  106 Proposal for a regulation – amending act Annex – section 9 –point 3 a (new) Regulation (EC) No 153/2002 Article 7 f – paragraphs 3-6
Text proposed by the Commission Amendment   3a. Article 7f is amended as follows:   (a) Paragraph 3 is replaced by the following:   "3. Pending a mutually satisfactory solution having been reached in the consultations referred to in paragraph 2, the Commission may decide on other appropriate measures it deems necessary in accordance with Article 30 of the Interim Agreement, and thereafter Article 43 of the Stabilisation and Association Agreement, as well as with the examination procedure referred to in Article 7fa(5)."   (b) Paragraphs 4, 5, and 6 are deleted.
Amendment  107 Proposal for a regulation – amending act Annex – section 9 – point 3 b (new) Regulation (EC) No 153/2002 Article 7 f a (new)
Text proposed by the Commission Amendment   3b. The following article shall be inserted:   "Article 7fa   Committee procedure   1. For the purposes of Article 2 the Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   2. For the purpose of Article 4 the Commission shall be assisted by the the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   3. For the purpose of Articles 7a, 7b, 7e, 7f the Commission shall be assisted by the Advisory Committee established by Article 4 of Council Regulation (EC) No 3285/94. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.   5. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.   6. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.   7. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article5 thereof.   8. 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  108 Proposal for a regulation – amending act Annex – section 10 – introductory part
Text proposed by the Commission	Amendment
As regards Regulation (EC) No 427/2003, the Commission should be empowered to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.	As regards Regulation (EC) No 427/2003, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty for the purpose of amending the Annex I to that Regulation. Moreover, the Commission should be empowered to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011 of 16 February 2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
Amendment  109 Proposal for a regulation – amending act Annex – section 10 – point -1 e (new) Regulation (EC) No 427/2003 Recital 21 a (new)
Text proposed by the Commission Amendment   -1e. The following recital shall be inserted:   "(21a) 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 amendments of Annex I to Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries1, in order to remove countries from the list of third countries contained in this Annex when they become members of the WTO. It is of particular importance that the Commission carries 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 Council.   _______________   1OJ L 185, 17.7.2009, p. 1."
Amendment  110 Proposal for a regulation – amending act Annex – section 10 – point -1f (new) Regulation (EC) No 427/2003 Recital 22
Text proposed by the Commission Amendment   -1f. Recital 22 is replaced by the following:   "(22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Justification
Recital 22, which currently reads that "It is also necessary to provide for consultation of an Advisory Committee at regular and specified stages of the investigation. That Committee should consist of representatives of Member States with a representative of the Commission as chairman. Pursuant to recital 12 of Council Decision 1999/468/EC (1), the Advisory Committee does not fall under the scope of application of the above mentioned Council Decision." stands against the rules, powers and obligations of the institutions under Articles 290 and 291 TFUE as well as Regulation 182/2011.
Amendment  111 Proposal for a regulation – amending act Annex – section 10 – point -1 g (new) Regulation (EC) No 427/2003 Recital 22 a (new)
Text proposed by the Commission Amendment   -1g. The following recital shall be inserted:   "(22a) It is appropriate that the advisory procedure be used for the adoption of surveillance and provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  112 Proposal for a regulation – amending act Annex – section 10 – point -1 j (new) Regulation (EC) No 427/2003 Article 5 – paragraph 1
Text proposed by the Commission Amendment   -1j. Article 5(1) is replaced by the following:   "(1) An investigation shall be initiated upon request of a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission's own initiative if it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation."
Amendment  113 Proposal for a regulation – amending act Annex – section 10 – point -1 k (new) Regulation (EC) No 427/2003 Article 5 – paragraph 2 a (new)
Text proposed by the Commission Amendment   -1k. In Article 5, the following paragraph shall be inserted:   "2a. The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 2(1) are met. The request shall generally contain the following information: 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 increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment.   An investigation may also be initiated in the event that there is a surge of imports concentrated in one or several Member States, provided that there is sufficient prima facie evidence that the conditions for initiation are met, as determined on the basis of factors referred to in Articles 2(2) and 3."
Amendment  114 Proposal for a regulation – amending act Annex – section 10 – point 1 a (new) Regulation (EC) No 427/2003 Article 6 a (new)
Text proposed by the Commission Amendment   1a. The following article shall be inserted:   "Article 6a   Prior surveillance measures   1. Where the trend in imports of a product originating in the People's Republic of China is such that it could lead to one of the situations referred to in Articles 2 and 3, imports of that product may be subject to prior surveillance measures.   2. In the event that there is a surge of imports of products falling into sensitive sectors concentrated in one or several Member States, the Commission may introduce prior surveillance measures.   3. Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 15(1a).   4. Prior surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second 6-month period following the first 6 months after the measures were introduced."
Justification
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  115 Proposal for a regulation – amending act Annex – section 10 – point 2 – point a Regulation (EC) No 427/2003 Article 7 – paragraph 1 – second and third sentences
Text proposed by the Commission Amendment The Commission shall take such provisional measures in accordance with the procedure referred to in Article 15(2). In cases of urgency, Article 15(3) shall apply. The Commission shall take such provisional measures in accordance with the advisory procedure referred to in Article 15(1a). In cases of urgency, Article 15(3) shall apply.
Justification
In case of provisional safeguard measures the Commission must be able to adopt measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  116 Proposal for a regulation – amending act Annex – section 10 – point 2– point b a (new) Regulation (EC) No 427/2003 Article 7 – paragraph 6 – last sentence
Text proposed by the Commission Amendment   (ba) In paragraph 6, the last sentence is deleted.
Amendment  117 Proposal for a regulation – amending act Annex – section 10 – point 4 a (new) Regulation (EC) No 427/2003 Article 12 – paragraph 3
Text proposed by the Commission Amendment   4a. Article 12(3) is replaced by the following:   "3. While any safeguard measure is in operation, consultations shall be held within the [...] Committee, either at the request of a Member State or on the initiative of the Commission, in order to examine the effects of the measure and to ascertain whether its application is still necessary."
Amendment  118 Proposal for a regulation – amending act Annex – section 10 – point 5 Regulation (EC) No 427/2003 Article 12 – paragraph 4
Text proposed by the Commission Amendment Where the Commission considers that any safeguard measure should be revoked or amended, it shall revoke or amend the safeguard measures. Where the Commission considers that any safeguard measure should be revoked or amended, it shall revoke or amend the safeguard measures in accordance with the examination procedure referred to in Article 15(2).
Amendment  119 Proposal for a regulation – amending act Annex – section 10 – point 6 Regulation (EC) No 427/2003 Article 14 – paragraph 4
Text proposed by the Commission Amendment 4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission for a period of nine months. The suspension may be extended for a further period, not exceeding one year, in accordance with the procedure referred to in Article 15(2). Measures may only be suspended where market conditions have temporarily changed to an extent that market disruption would be unlikely to resume as a result of the suspension. Measures may, at any time and after consultation, be reinstated if the reason for suspension is no longer applicable. 4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission for a period of nine months. The suspension may be extended for a further period, not exceeding one year, in accordance with the advisory procedure referred to in Article 15(1a). Measures may only be suspended where market conditions have temporarily changed to an extent that market disruption would be unlikely to resume as a result of the suspension. Measures may, at any time and after consultation, be reinstated if the reason for suspension is no longer applicable.
Justification
Given the fact that a suspension of imposed measures is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  120 Proposal for a regulation – amending act Annex – section 10 – point 6 a (new) Regulation (EC) No 427/2003 Article 14 a (new)
Text proposed by the Commission Amendment   6a. The following article shall be inserted:   "Article 14a   Conferral of powers   The Commission shall be empowered to adopt delegated acts in accordance with Article 14b concerning the adoption of amendments of Annex I to Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries1, in order to remove countries from the list of third countries contained in this Annex when they become members of the WTO.   _______________   1OJ L 185, 17.7.2009, p. 1."
Amendment  121 Proposal for a regulation – amending act Annex – section 10 – point 6 b (new) Regulation (EC) No 427/2003 Article 14 b (new)
Text proposed by the Commission Amendment   6b. The following article shall be inserted:   "Article 14b   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 22(3) shall be conferred on the Commission for a period of five years. 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 extensions not later than three months before the end of each period.   3. The delegation of power referred to in Article 22(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on 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 Article 22(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council."
Amendment  122 Proposal for a regulation – amending act Annex – section 10 – point 7 Regulation (EC) No 427/2003 Article 15 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  123 Proposal for a regulation – amending act Annex – section 10 – point 7 Regulation (EC) No 427/2003 Article 15 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3 Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  124 Proposal for a regulation – amending act Annex – section 10 – point 10 a (new) Regulation (EC) No 427/2003 Article 19 a (new)
Text proposed by the Commission Amendment   10a. The following article shall be inserted:   "Article 19a   Report   1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission, the Committee, and all other bodies responsible for implementing the Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.   2. The report shall also present a summary of the statistics and the evolution of trade with China.   3. The European Parliament may, within one month from the Commission presnting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the application of this Regulation.   5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU’s trade relations. Due to the significance of Chinese imports to the EU it is particularly important to share all non-confidential information with all parties concerned.
Amendment  125 Proposal for a regulation – amending act Annex – section 10 – point 10 b (new) Regulation (EC) No 427/2003 Article 22 – paragraph 3
Text proposed by the Commission Amendment   10b. Article 22(3) is replaced by the following:   "3. The Commission shall be empowered to adopt delegated acts in accordance with Article 14a and 14b to amend Annex I to Regulation EC No 625/2009 in order to remove countries from the list of third countries contained in this Annex when they become members of the WTO."
Amendment  126 Proposal for a regulation – amending act Annex – section 11 – point -1 (new) Regulation (EC) No 452/2003 Recital 10 a (new)
Text proposed by the Commission Amendment   -1. The following recital shall be inserted:   "(10a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  127 Proposal for a regulation – amending act Annex – section 11 – point 1 Regulation (EC) No 452/2003 Article 1 – paragraph 1 – introductory part
Text proposed by the Commission Amendment Where the Commission considers that a combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on the same imports could lead to effects greater than is desirable in terms of the Union's trade defence policy, it may adopt such of the following measures as it deems appropriate in accordance with the procedure referred to in Article 2a(2): Where the Commission considers that a combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on the same imports could lead to effects greater than is desirable in terms of the Union's trade defence policy, it may adopt such of the following measures implementing a legislative act as it deems appropriate in accordance with the examination procedure referred to in Article 2a(2):
Justification
It is appropriate to clarify the text in Article 1(1) in order to avoid giving the impression that legislative acts or delegated acts can be modified under this power. The amendment seeks to limit the scope of the Commission's powers to measures that implement legislative acts
Amendment  128 Proposal for a regulation – amending act Annex – section 11 – point 2 Regulation (EC) No 452/2003 Article 2 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   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  129 Proposal for a regulation – amending act Annex – section 12 a – title (new)
Text proposed by the Commission	Amendment
	12a. COUNCIL REGULATION (EC) NO 1236/2005 OF 27 JUNE 2005 CONCERNING TRADE IN CERTAIN GOODS WHICH COULD BE USED FOR CAPITAL PUNISHMENT, TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT.
Justification
It is appropriate to amend Regulation (EC) No 1236/2005 of 27 June 2005 in order to ensure consistency with the provisions introduced by the Treaty of Lisbon. This is done, where appropriate, through the granting of delegated powers to the Commissionto amend the annexes of the Regulation.
Amendment  130 Proposal for a regulation – amending act Annex – section 12 a – introductory part (new)
Text proposed by the Commission	Amendment
	As regards Regulation (EC) No 1236/2005, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty for the purpose of amending the Annexes to that Regulation. Accordingly, Regulation (EC) No 1236/2006 is amended as follows:
Amendment  131 Proposal for a regulation – amending act Annex – section 12 a – point 1 (new) Regulation (EC) No 1236/2005 Recital 25
Text proposed by the Commission Amendment   1. Recital 25 is replaced by the following:   "25. 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 amending the Annexes II, III, IV and V of this Regulation. It is of particular importance that the Commission carries 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 Council."
Amendment  132 Proposal for a regulation – amending act Annex – section 12 a – point 2 (new) Regulation (EC) No 1236/2005 Article 12 – paragraph 2
Text proposed by the Commission Amendment   2. Article 12(2) is replaced by the following:   "2. [...] The Commission shall be empowered to adopt delegated acts in accordance with Articles 15 and 15a to amend Annexes II, III, IV and V."
Amendment  133 Proposal for a regulation – amending act Annex – section 12 a – point 4 (new) Regulation (EC) No 1236/2005 Article 15
Text proposed by the Commission Amendment   4. Article 15 is replaced by the following   "Article 15   Conferral of Powers   The Commission shall be empowered to adopt delegated acts in accordance with Article 15b concerning amendments to Annexes II, III, IV, and V."
Amendment  134 Proposal for a regulation – amending act Annex – section 12 a – point 5 (new) Regulation (EC) No 1236/2005 Article 15 a (new)
Text proposed by the Commission Amendment   5. The following article shall be inserted:   "Article 15a   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 15 shall be conferred on the Commission for a period of five years. 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 power referred to in Article 15 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on 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 Article 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council."
Amendment  135 Proposal for a regulation – amending act Annex – section 12 a – point 6 (new) Regulation (EC) No 1236/2005 Article 16
Text proposed by the Commission Amendment   6. Article 16 is deleted.
Amendment  136 Proposal for a regulation – amending act Annex – section 13 – point -1 Regulation (EC) No 1616/2006 Recital 7
Text proposed by the Commission Amendment   -1. Recital 7 is deleted.
Amendment  137 Proposal for a regulation – amending act Annex – section 13 – point -1 a (new) Regulation (EC) No 1616/2006 Recital 8
Text proposed by the Commission Amendment   -1a. Recital 8 is replaced by the following:   "(8) The implementation of this Regulation requires uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, which was signed in Luxembourg on 12 June 2006. 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  138 Proposal for a regulation – amending act Annex – section 13 – point -1 b (new) Regulation (EC) No 1616/2006 Recital 8 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(8a) It is appropriate that the advisory procedure be used for the adoption of immediate measures in case of exceptional and critical circumstances and for the temporary suspension of certain preferential treatment given the effects of these measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  139 Proposal for a regulation – amending act Annex – section 13 – point -1 c(new) Regulation (EC) No 1616/2006 Recital 8 b (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(8b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 26(4) of the Interim Agreement, and thereafter Article 39(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require."
Amendment  140 Proposal for a regulation – amending act Annex – section 13 – point -1 d (new) Regulation (EC) No 1616/2006 Article 2
Text proposed by the Commission Amendment   -1d. Article 2 is replaced by the following :   "Article 2   Concessions for fish and fishery products   Detailed rules for the implementation of Article 15(1) of the Interim Agreement, and thereafter Article 28(1) of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the Commission in accordance with the examination procedure referred to in Article 8a(2)."
Amendment  141 Proposal for a regulation – amending act Annex – section 13 – point -1 e (new) Regulation (EC) No 1616/2006 Article 4
Text proposed by the Commission Amendment   -1e. Article 4 is replaced by the following :   "Article 4   Technical adaptations   Amendments and technical adaptations to the provisions adopted pursuant to this Regulation rendered necessary by changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new or modified Agreements, Protocols, Exchanges of Letters or other acts between the Union and the Republic of Albania, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure set out in Article 8a(2) of this Regulation."
Amendment  142 Proposal for a regulation – amending act Annex – section 13 – point -1 f (new) Regulation (EC) No 1616/2006 Article 5
Text proposed by the Commission Amendment   -1f. Article 5 is replaced by the following:   "Article 5   General safeguard clause   [...] Where the Union needs to take a measure as provided for in Article 25 of the Interim Agreement, and thereafter Article 38 of the SAA, it shall be adopted in accordance with the examination procedure set out in Article 8a(2), unless otherwise specified in Article 25 of the Interim Agreement, and thereafter Article 38 of the SAA."
Amendment  143 Proposal for a regulation – amending act Annex – section 13 – point -1 g (new) Regulation (EC) No 1616/2006 Article 6
Text proposed by the Commission Amendment   -1g. Article 6 is replaced by the following:   "Article 6   Shortage clause   [...] Where the Union needs to take a measure as provided for in Article 26 of the Interim Agreement, and thereafter Article 39 of the SAA, it shall be adopted in accordance with the examination procedure set out in Article 8a(2)."
Amendment  144 Proposal for a regulation – amending act Annex – section 13 – point 1 Regulation (EC) No 1616/2006 Article 7 – paragraphs 3-5
Text proposed by the Commission Amendment The Commission shall take such measures in accordance with the procedure referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply. The Commission shall take such measures in accordance with the advisory procedure referred to in Article 8a(1b). In cases of urgency, Article 8a(2a) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  145 Proposal for a regulation – amending act Annex – section 13 – point 3 Regulation (EC) No 1616/2006 Article 8 a – paragraph -1 (new)
Text proposed by the Commission Amendment   -1. For the purposes of Articles 2, 4, and 11, the Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  146 Proposal for a regulation – amending act Annex – section 13 – point 3 Regulation (EC) No 1616/2006 Article 8 a – paragraph 1
Text proposed by the Commission Amendment 1. For the purposes of Articles 7 and 8 the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No […./2011]. 1. For the purposes of Articles 5, 7 and 8 the Commission shall be assisted by the Committee set up by Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  147 Proposal for a regulation – amending act Annex – section 13 – point 3 Regulation (EC) No 1616/2006 Article 8 a – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. For the purposes of Article 6, the Commission shall be assisted by the Committee set up by Regulation (EEC) No 1061/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  148 Proposal for a regulation – amending act Annex – section 13 – point 3 Regulation (EC) No 1616/2006 Article 8 a – paragraph 1 b (new)
Text proposed by the Commission Amendment   1b. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  149 Proposal for a regulation – amending act Annex – section 13 – point 3 Regulation (EC) No 1616/2006 Article 8 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  150 Proposal for a regulation – amending act Annex – section 13 – point 3 Regulation (EC) No 1616/2006 Article 8 a – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  151 Proposal for a regulation – amending act Annex – section 13 – point 3 a (new) Regulation (EC) No 1616/2006 Article 11 – paragraph 3
Text proposed by the Commission Amendment   3a. In Article 11, the third paragraph is replaced by the following:   "The Commission may decide, in accordance with the advisory procedure set out in Article 8a(1b) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 30(4) of the Interim Agreement, and thereafter Article 43(4) of the SAA."
Justification
Given the fact that a suspension of the relevant preferential treatment is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  152 Proposal for a regulation – amending act Annex – section 13 – point 3 b (new) Regulation (EC) No 1616/2006 Article 12
Text proposed by the Commission Amendment   3b. Article 12 is deleted.
Justification
Article 12, which currently reads "Committee - The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. -- Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. -- The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months. -- 3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply. -- 4. The Committee shall adopt its Rules of Procedure." is covered by Article 8a as amended.
Amendment  153 Proposal for a regulation – amending act Annex – section 14 – point -1 a (new) Regulation (EC) No 1528/2007 Recital 17
Text proposed by the Commission Amendment   -1a. Recital 17 is replaced by the following:   "(17) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  154 Proposal for a regulation – amending act Annex – section 14 – point -1 b (new) Regulation (EC) No 1528/2007 Recital 17 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(17a) The Commission should submit a report once a year on the application of safeguard measures."
Amendment  155 Proposal for a regulation – amending act Annex – section 14 – point 1 Regulation (EC) No 1528/2007 Article 2
Text proposed by the Commission Amendment 1. Article 2 is amended as follows: deleted (a) Paragraph 2 is replaced by the following:   "2. The Commission shall amend Annex I by means of delegated acts in accordance with Articles 24a, 24b and 24c 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."   (b) In paragraph 3, the introductory phrase is replaced by the following:   "3. Such region or state will remain on the list in Annex I unless the Commission adopts a delegated act in accordance with Articles 24a, 24b and 24c amending Annex I to remove a region or state from that Annex, in particular where:"
Amendment  156 Proposal for a regulation – amending act Annex – section 14 – point 1 a (new) Regulation (EC) No 1528/2007 Article 5 – paragraph 3 – introductory part
Text proposed by the Commission Amendment   1a. In Article 5, paragraph 3, the introductory part is replaced by the following:   "3. Where the Commission, on the basis of information provided by a Member State or on its own initiative, finds that the conditions laid down in paragraphs 1 and 2 are fulfilled, the relevant treatment may be suspended in accordance with the advisory procedure referred to in Article 21(1d), provided the Commission has first:"
Justification
Given the fact that a suspension of the relevant treatment is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  157 Proposal for a regulation – amending act Annex – section 14 – point 1 b (new) Regulation (EC) No 1528/2007 Article 5 – paragraph 4
Text proposed by the Commission Amendment   1b. In Article 5, paragraph 4 is replaced by the following:   "4. The period of suspension under this Article shall be limited to that necessary to protect the Union’s financial interests. It shall not exceed six months, which may be renewed. At the end of that period, the Commission shall decide either to terminate the suspension [...] or to extend the period of suspension in accordance with the examination procedure referred to in Article 21(2)."
Amendment  158 Proposal for a regulation – amending act Annex – section 14 – point 1 c (new) Regulation (EC) No 1528/2007 Article 5 – paragraph 6 – subparagraph 2
Text proposed by the Commission Amendment   1c. In Article 5, paragraph 6, the second subparagraph is replaced by the following:   "The decision suspending the relevant treatment shall be adopted in accordance with the advisory procedure referred to in Article 21(1d)."
Amendment  159 Proposal for a regulation – amending act Annex – section 14 – point 1 d (new) Regulation (EC) No 1528/2007 Article 6 – paragraph 3
Text proposed by the Commission Amendment   1d. In Article 6, paragraph 3 is replaced by the following:   "3. The detailed rules for implementing the tariff quotas referred to in paragraph 2 shall be determined in accordance with the examination procedure referred to in Article 21(2)."
Amendment  160 Proposal for a regulation – amending act Annex – section 14 – point 1 e (new) Regulation (EC) No 1528/2007 Article 7 – paragraph 4
Text proposed by the Commission Amendment   1e. In Article 7, paragraph 4 is replaced by the following:   "4. The detailed rules for dividing by region and implementing the tariff quotas referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 21(2)."
Amendment  161 Proposal for a regulation – amending act Annex – section 14 – point 1 f (new) Regulation (EC) No 1528/2007 Article 9 – paragraph 5
Text proposed by the Commission Amendment   1f. In Article 9, paragraph 5 is replaced by the following:   "5. The Commission shall adopt detailed rules on the subdivision of quantities provided for in paragraph 1 and for the management of the system referred to in paragraphs 1, 3 and 4 of this Article, and suspension decisions [...] in accordance with the examination procedure referred to Article 21(2)."
Amendment  162 Proposal for a regulation – amending act Annex – section 14 – point 1 g (new) Regulation (EC) No 1528/2007 Article 10 – paragraph 4
Text proposed by the Commission Amendment   1g. In Article 10, paragraph 4 is replaced by the following:   "4. The Commission shall adopt detailed rules for the management of this system and suspension decisions in accordance with the examination procedure referred to in Article 21(2)."
Amendment  163 Proposal for a regulation – amending act Annex – section 14 – point 3 – point a Regulation (EC) No 1528/2007 Article 16 – paragraph 1 – sentences 2 and 3
Text proposed by the Commission Amendment Provisional measures shall be adopted in accordance with the procedure referred to in Article 21(2). In cases of urgency, Article 21(3) shall apply. Provisional measures shall be adopted in accordance with the advisory procedure referred to in Article 21(1d). In cases of urgency, Article 21(3) shall apply.
Justification
In case of provisional safeguard measures the Commission must be able to adopt such measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  164 Proposal for a regulation – amending act Annex – section 14 – point 6 Regulation (EC) No 1528/2007 Article 20 – paragraph 2
Text proposed by the Commission Amendment 2. The decision to impose surveillance shall be taken by the Commission in accordance with the procedure referred to in Article 21(2). 2. The decision to impose surveillance shall be taken by the Commission in accordance with the advisory procedure referred to in Article 21(1d).
Justification
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  165 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 1
Text proposed by the Commission Amendment 1. For the purposes of this Chapter, the Commission shall be assisted by the Committee established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No […./2011]. 1. For the purposes of Articles 5, 16, 17, 18 and 20, the Commission shall be assisted by the Committee established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  166 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. For the purposes of Article 4, the Commission shall be assisted by the Customs Code Committee established by Regulation (EEC) No 2913/92. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  167 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 1 b (new)
Text proposed by the Commission Amendment   1b. For the purposes of Article 6, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice1. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   __________________   1OJ L 270, 21.10.2003, p. 96.
Amendment  168 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 1 c (new)
Text proposed by the Commission Amendment   1c. For the purposes of Articles 7 and 9, the Commission shall be assisted by the Committee established by Council Regulation (EC) No 318/2006. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  169 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 1 d (new)
Text proposed by the Commission Amendment   1d. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  170 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  171 Proposal for a regulation – amending act Annex – section 14 – point 7 Regulation (EC) No 1528/2007 Article 21 – paragraph 4 a (new)
Text proposed by the Commission Amendment   4a. 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  172 Proposal for a regulation – amending act Annex – section 14 – point 7 a (new) Regulation (EC) No 1528/2007 Article 24
Text proposed by the Commission Amendment   7a. Article 24 is deleted.
Amendment  173 Proposal for a regulation – amending act Annex – section 14 – point 8 Regulation (EC) No 1528/2007 Articles 24 a, 24 b and 24 c
Text proposed by the Commission Amendment 8. The following Articles 24a, 24b and 24c are inserted: deleted "Article 24a   Exercise of the delegation   1. The powers to adopt the delegated acts referred to in Article 2(2) and (3) shall be conferred on the Commission for an indeterminate period of time.   2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.   3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 24b and 24c.   Article 24b   Revocation of the delegation   1. The delegation of power referred to in Article 2(2) and (3) may be revoked at any time by the European Parliament or by the Council.   2. The institution which has commenced internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.   3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.   Article 24c   Objections to delegated acts   1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.   2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.   3. If the European Parliament or the Council objects to the adopted delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act."
Amendment  174 Proposal for a regulation – amending act Annex – section 14 – point 8 a (new) Regulation (EC) No 1528/2007 Article 24 d
Text proposed by the Commission Amendment   8a. The following article shall be inserted:   "Article 24d   Confidentiality   1. Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.   2. No information of a confidential nature nor any information provided on a confidential basis received pursuant to this Regulation shall be disclosed without specific permission from the supplier of such information.   3. Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.   4. Information shall in any case be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.   5. Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Regulation are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged."
Amendment  175 Proposal for a regulation – amending act Annex – section 14 – point 8 b (new) Regulation (EC) No 1528/2007 Article 24 e
Text proposed by the Commission Amendment   8b. The following article shall be inserted:   "Article 24e   Report   1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission, the Committees, and all other bodies responsible for implementing the Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade.   2. The report shall also present a summary of the statistics and the evolution of trade with the ACP countries.   3. The report shall include information on the implementation of this Regulation.   4. 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 application of this Regulation.   5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Amendment  176 Proposal for a regulation – amending act Annex – section 15 – point -1 (new) Regulation (EC) No 140/2008 Recital 7
Text proposed by the Commission Amendment   -1. Recital 7 is deleted.
Amendment  177 Proposal for a regulation – amending act Annex – section 15 – point -1 a (new) Regulation (EC) No 140/2008 Recital 8
Text proposed by the Commission Amendment   -1a. Recital 8 is replaced by the following:   "(8) The implementation of this Regulation requires uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the and the Republic of Montenegro, of the other part, which was signed on 15 October 2007. 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  178 Proposal for a regulation – amending act Annex – section 15 – point -1 b (new) Regulation (EC) No 140/2008 Recital 8 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(8a) It is appropriate that the advisory procedure be used for the adoption of surveillance and provisional measures and for the temporary suspension of preferential treatment given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  179 Proposal for a regulation – amending act Annex – section 15 – point -1 c (new) Regulation (EC) No 140/2008 Recital 8 b (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(8b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Articles 26(5)(b) and 27(4) of the Interim Agreement, and thereafter Article 41(5)(b) and 42(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require."
Amendment  180 Proposal for a regulation – amending act Annex – section 15 – point -1 d (new) Regulation (EC) No 140/2008 Article 2
Text proposed by the Commission Amendment   -1d. Article 2 is replaced by the following:   "Article 2   Concessions for fish and fishery products   Detailed rules on the implementation of Article 14 of the Interim Agreement, and thereafter Article 29 of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the Commission in accordance with the examination procedure referred to in Article 8a(2) of this Regulation."
Amendment  181 Proposal for a regulation – amending act Annex – section 15 – point -1 e (new) Regulation (EC) No 140/2008 Article 4
Text proposed by the Commission Amendment   -1e. Article 4 is replaced by the following:   "Article 4   Technical adaptations   Amendments and technical adaptations to the provisions adopted pursuant to this Regulation, rendered necessary by changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new or modified Agreements, Protocols, Exchanges of Letters or other acts between the Union and the Republic of Montenegro, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure set out in Article 8a(2)."
Amendment  182 Proposal for a regulation – amending act Annex – section 15 – point - 1 f (new) Regulation (EC) No 140/2008 Article 5
Text proposed by the Commission Amendment   -1f. Article 5 is replaced by the following:   "Article 5   General safeguard clause   [...] Where the Union needs to take a measure as provided for in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA, it shall be adopted in accordance with the examination procedure set out in Article 8a(2) of this Regulation, unless otherwise specified in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA."
Amendment  183 Proposal for a regulation – amending act Annex – section 15 – point -1 g (new) Regulation (EC) No 140/2008 Article 6
Text proposed by the Commission Amendment   -1g. Article 6 is replaced by the following:   "Article 6   Shortage clause   [...] Where the Union needs to take a measure as provided for in Article 27 of the Interim Agreement, and thereafter Article 42 of the SAA, it shall be adopted in accordance with the examination procedure set out in Article 8a(2) of this Regulation."
Amendment  184 Proposal for a regulation – amending act Annex – section 15 – point 1 Regulation (EC) No 140/2008 Article 7 – paragraphs 3-5
Text proposed by the Commission Amendment The Commission shall take such measures in accordance with the procedure referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply. The Commission shall take such measures in accordance with the advisory procedure referred to in Article 8a(1a). In cases of urgency, Article 8a(2a) shall apply.
Justification
In case of exceptional and critical circumstances the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  185 Proposal for a regulation – amending act Annex – section 15 – point 3 Regulation (EC) No 140/2008 Article 8 a – paragraph -1 (new)
Text proposed by the Commission Amendment   -1. For the purposes of Articles 2, 4 and 11, the Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  186 Proposal for a regulation – amending act Annex – section 15 – point 3 Regulation (EC) No 140/2008 Article 8 a – paragraph -1 a (new)
Text proposed by the Commission Amendment   -1a. For the purposes of Article 6, the Commission shall be assisted by the Committee set up by Regulation (EEC) No 1061/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  187 Proposal for a regulation – amending act Annex – section 15 – point 3 Regulation (EC) No 140/2008 Article 8 a – paragraph 1
Text proposed by the Commission Amendment 1. For the purposes of Articles 7 and 8 the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No […./2011]. 1. For the purposes of Articles 5, 7 and 8 the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  188 Proposal for a regulation – amending act Annex – section 15 – point 3 Regulation (EC) No 140/2008 Article 8 a – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  189 Proposal for a regulation – amending act Annex – section 15 – point 3 Regulation (EC) No 140/2008 Article 8 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  190 Proposal for a regulation – amending act Annex – section 15 – point 3 Regulation (EC) No 140/2008 Article 8 a – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  191 Proposal for a regulation – amending act Annex – section 15 – point 3 a (new) Regulation (EC) No 140/2008 Article 11 – paragraph 3
Text proposed by the Commission Amendment   3a. In Article 11, the third paragraph is replaced by the following:   "The Commission may decide, in accordance with the advisory procedure set out in Article 8a(1a) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 31(4) of the Interim Agreement, and thereafter Article 46(4) of the SAA."
Justification
Given the fact that a suspension of the relevant preferential treatment is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  192 Proposal for a regulation – amending act Annex – section 15 – point 3 b (new) Regulation (EC) No 140/2008 Article 12
Text proposed by the Commission Amendment   3b. Article 12 is deleted.
Justification
Article 12, which currently reads "Committee -- The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. -- Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. -- The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months. -- 3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply. -- 4. The Committee shall adopt its Rules of Procedure." is integrated into Article 8a as amended.
Amendment  193 Proposal for a regulation – amending act Annex – section 16 – point -1 (new) Regulation (EC) No 55/2008 Recital 11
Text proposed by the Commission Amendment   -1. Recital 11 is deleted.
Justification
Recital (11), which currently reads "For the purposes of defining the concept of originating products, certification of origin and administrative coop­eration procedures, Title IV, Chapter 2, section 2 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (1) will apply." is deleted, since its substance is covered by the Regulation as amended.
Amendment  194 Proposal for a regulation – amending act Annex – section 16 – point -1 a (new) Regulation (EC) No 55/2008 Recital 12
Text proposed by the Commission Amendment   -1a. Recital 12 is deleted.
Amendment  195 Proposal for a regulation – amending act Annex – section 16 – point -1 b (new) Regulation (EC) No 55/2008 Recital 13
Text proposed by the Commission Amendment   -1b. Recital 13 is replaced by the following:   "(13) In order to ensure uniform conditions for the implementation of this Regulation implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and 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.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  196 Proposal for a regulation – amending act Annex – section 16 – point -1 c (new) Regulation (EC) No 55/2008 Recital 13 a (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(13a) It is appropriate that the advisory procedure be used for the adoption of surveillance and provisional measures and for the temporary suspension of preferential treatment given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  197 Proposal for a regulation – amending act Annex – section 16 – point - 1 d (new) Regulation (EC) No 55/2008 Article 3 – paragraph 3
Text proposed by the Commission Amendment   -1d. Article 3(3) is replaced by the following:   "3. Notwithstanding other provisions of this Regulation, in particular Article 10, if imports of agricultural products cause serious disturbance to the Union markets and their regulatory mechanisms, the Commission may take the appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11a(2)."
Amendment  198 Proposal for a regulation – amending act Annex – section 16 – point -1 e (new) Regulation (EC) No 55/2008 Article 4
Text proposed by the Commission Amendment   -1e. Article 4 is replaced by the following:   "Article 4   Implementation of tariff quotas for dairy products   The detailed rules for implementing the tariff quotas for headings 0401 to 0406 shall be determined by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11a(2)."
Amendment  199 Proposal for a regulation – amending act Annex – section 16 – paragraph -1 f (new) Regulation (EC) No 55/2008 Article 7 – introductory part
Text proposed by the Commission Amendment   -1f. Article 7 introductory part is replaced by the following:   "Commission shall, in accordance with the examination procedure referred to in Article 11a(2), adopt the provisions necessary for the application of this Regulation, other than those referred to in Article 4, notably:"
Amendment  200 Proposal for a regulation – amending act Annex – section 16 – point -1 g (new) Regulation (EC) No 55/2008 Article 8
Text proposed by the Commission Amendment   -1g. Article 8 is deleted.
Amendment  201 Proposal for a regulation – amending act Annex – section 16 – point 1 – point a Regulation (EC) No 55/2008 Article 10 – paragraph 1 – introductory part
Text proposed by the Commission Amendment 1. Where the Commission finds that there is sufficient evidence of fraud, irregularities or systematic failure by Moldova to comply, or to ensure compliance, with the rules of origin of products and the procedures related thereto and to provide administrative cooperation as referred to in Article 2(1), or a failure to comply with any of the other conditions defined in Article 2(1), it may take measures in accordance with the procedure referred to in Article 11a(2) to suspend in whole or in part the preferential arrangements provided for in this Regulation for a period of not more than six months, provided that it has first: 1. Where the Commission finds that there is sufficient evidence of fraud, irregularities or systematic failure by Moldova to comply, or to ensure compliance, with the rules of origin of products and the procedures related thereto and to provide administrative cooperation as referred to in Article 2(1), or a failure to comply with any of the other conditions defined in Article 2(1), it may take measures in accordance with the advisory procedure referred to in Article 11a(1b) to suspend in whole or in part the preferential arrangements provided for in this Regulation for a period of not more than six months, provided that it has first:
Amendment  202 Proposal for a regulation – amending act Annex – section 16 – point 1 – point b a (new) Regulation (EC) No 55/2008 Article 10 – paragraph 3
Text proposed by the Commission Amendment   (ba) Paragraph 3 is replaced by the following:   "3. On conclusion of the period of suspension, the Commission shall decide either to terminate the provisional suspension measure [...] or to extend the suspension measure in accordance with the examination procedure referred to in Article 11a(2)."
Justification
Given the fact that a suspension of the relevant preferential treatment is only an intermediate stage and that the final decision is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  203 Proposal for a regulation – amending act Annex – section 16 – point 2 a (new) Regulation (EC) No 55/2008 Article 11 – paragraph 5
Text proposed by the Commission Amendment   2a. Article 11(5) is replaced by the following:   "5. The investigation shall be completed within six months after the publication of the notice referred to in paragraph 2. The Commission may, in the case of exceptional circumstances, extend this period in accordance with the examination procedure referred to in Article 11a(2)."
Amendment  204 Proposal for a regulation – amending act Annex – section 16 – point 2 b (new) Regulation (EC) No 55/2008 Article 11 – paragraph 6
Text proposed by the Commission Amendment   2b. Article 11(6) is replaced by the following:   "6. The Commission shall take a decision within three months, in accordance with the examination procedure referred to in Article 11a(2). Such decision shall enter into force within one month as from its publication."
Amendment  205 Proposal for a regulation – amending act Annex – section 16 – point 2 c (new) Regulation (EC) No 55/2008 Article 11 – paragraph 7
Text proposed by the Commission Amendment   2c. Article 11(7) is replaced by the following:   "7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may [...] take any preventive measure which is strictly necessary, according to the procedure referred to in Article 11a(2a)."
Amendment  206 Proposal for a regulation – amending act Annex – section 16 – point 3 Regulation (EC) No 55/2008 Article 11 a – paragraph 1
Text proposed by the Commission Amendment 1. For the purposes of Article 11, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No […./2011]. 1. For the purposes of Article 3(3), 12 and 11, the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  207 Proposal for a regulation – amending act Annex – section 16 – point 3 Regulation (EC) No 55/2008 Article 11 a – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. For the purpose of Article 4 the Commission shall be assisted by the committee established by Article 195 of Council Regulation (EC) No 1234/2007. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  208 Proposal for a regulation – amending act Annex – section 16 – point 3 Regulation (EC) No 55/2008 Article 11 a – paragraph 1 b (new)
Text proposed by the Commission Amendment   1b. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  209 Proposal for a regulation – amending act Annex – section 16 – point 3 Regulation (EC) No 55/2008 Article 11 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  210 Proposal for a regulation – amending act Annex – section 16 – point 3 Regulation (EC) No 55/2008 Article 11 a – paragraph 2 b (new)
Text proposed by the Commission Amendment   2b. 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  211 Proposal for a regulation – amending act Annex – section 16– point 3 a (new) Regulation (EC) No 55/2008 Article 12 – paragraph 2
Text proposed by the Commission Amendment   3a. Article 12(2) is replaced by the following:   "If Moldova does not comply with the rules of origin or does not provide administrative cooperation, as required in Article 2, for the before mentioned Chapters 17, 18, 19 and 21, or if imports of products under these Chapters subject to the preferential arrangements granted under this Regulation significantly exceed the usual levels of exports of Moldova, appropriate measures shall be taken in accordance with the examination procedure referred to in Article 11a(2)."
Amendment  212 Proposal for a regulation – amending act Annex – section 17 – point -1 (new) Regulation (EC) No 594/2008 Recital 7
Text proposed by the Commission Amendment   -1. Recital 7 is deleted.
Amendment  213 Proposal for a regulation – amending act Annex – section 17 – point -1 a (new) Regulation (EC) No 594/2008 Recital 8
Text proposed by the Commission Amendment   -1a. Recital 8 is replaced by the following:   "(8) The implementation of this Regulation requires uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, which was signed in Luxembourg on 16 June 2008. 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 powers1.   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  214 Proposal for a regulation – amending act Annex – section 17 – point -1 b(new) Regulation (EC) No 594/2008 Recital 8 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(8a) It is appropriate that the advisory procedure be used for the adoption of surveillance and provisional measures and for the temporary suspension of preferential treatment given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  215 Proposal for a regulation – amending act Annex – section 17 – point -1 c(new) Regulation (EC) No 594/2008 Recital 8 b (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(8b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Articles 24(5)(b) and 25(4) of the Interim Agreement, and thereafter Article 39(5)(b) and 40(4) of the SAA, imperative grounds of urgency so require."
Amendment  216 Proposal for a regulation – amending act Annex – section 17 – point -1 d (new) Regulation (EC) No 594/2008 Recital 8 b (new)
Text proposed by the Commission Amendment   -1d. Article 2 is replaced by the following:   "Article 2   Concessions for fish and fishery products   Detailed rules on the implementation of Article 13 of the Interim Agreement, and thereafter Article 28 of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the Commission in accordance with examination procedure referred to in Article 8a(2) of this Regulation".
Amendment  217 Proposal for a regulation – amending act Annex – section 17 – point -1 e (new) Regulation (EC) No 594/2008 Article 4
Text proposed by the Commission Amendment   -1e. Article 4 is replaced by the following:   "Article 4   Technical adaptations   Amendments and technical adaptations to the provisions adopted pursuant to this Regulation rendered necessary by changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new or modified Agreements, Protocols, Exchanges of Letters or other acts between the Union and Bosnia and Herzegovina, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure set out in Article 8a(2)."
Amendment  218 Proposal for a regulation – amending act Annex – section 17 – point - 1 f (new) Regulation (EC) No 594/2008 Article 5
Text proposed by the Commission Amendment   -1f. Article 5 is replaced by the following:   "Article 5   General safeguard clause   [...] Where the Union needs to take a measure as provided for in Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation, unless otherwise specified in Article 24 of the Interim Agreement, and thereafter Article 39 of the SAA."
Amendment  219 Proposal for a regulation – amending act Annex – section 17 – point -1 g (new) Regulation (EC) No 594/2008 Article 6
Text proposed by the Commission Amendment   -1g. Article 6 is replaced by the following:   "Article 6   Shortage clause   [...] Where the Union needs to take a measure as provided for in Article 25 of the Interim Agreement, and thereafter Article 40 of the SAA, it shall be adopted in accordance with the examination procedure referred to in Article 8a(2) of this Regulation."
Amendment  220 Proposal for a regulation – amending act Annex – section 17 – point 1 Regulation (EC) No 594/2008 Article 7 – paragraphs 3-5
Text proposed by the Commission Amendment The Commission shall adopt such measures in accordance with the procedure referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply. The Commission shall adopt such measures in accordance with the advisory procedure referred to in Article 8a(1a). In cases of urgency, Article 8a(2a) shall apply.
Justification
In case of provisional safeguard measures the Commission must be able to adopt immediate measures as fast as possible. Therefore the advisory procedure is the correct choice. In case of urgency it must be possible to adopt immediately applicable implementing acts. Given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures, this is also true.
Amendment  221 Proposal for a regulation – amending act Annex – section 17 – point 3 Regulation (EC) No 594/2008 Article 8 a – paragraph -1 (new)
Text proposed by the Commission Amendment   -1. For the purposes of Articles 2, 4 and 11, the Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EC) No 2913/92. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  222 Proposal for a regulation – amending act Annex – section 17 – point 3 Regulation (EC) No 594/2008 Article 8 a – paragraph -1 a (new)
Text proposed by the Commission Amendment   -1a. For the purposes of Article 6, the Commission shall be assisted by the Committee set up by Regulation (EC) No 1061/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  223 Proposal for a regulation – amending act Annex – section 17 – point 3 Regulation (EC) No 594/2008 Article 8 a – paragraph 1
Text proposed by the Commission Amendment 1. For the purposes of Articles 7 and 8 the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No […./2011]. 1. For the purposes of Articles 5, 7 and 8 the Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.
Amendment  224 Proposal for a regulation – amending act Annex – section 17 – point 3 Regulation (EC) No 594/2008 Article 8 a – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  225 Proposal for a regulation – amending act Annex – section 17 – point 3 Regulation (EC) No 594/2008 Article 8 a – paragraph 2 a (new)
Text proposed by the Commission Amendment   2a. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  226 Proposal for a regulation – amending act Annex – section 17 – point 3 Regulation (EC) No 594/2008 Article 8 a – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  227 Proposal for a regulation – amending act Annex – section 17 – point 3 a (new) Regulation (EC) No 594/2008 Article 11 – paragraph 3
Text proposed by the Commission Amendment   3a. In Article 11, paragraph 3 is replaced by the following:   "The Commission may decide, in accordance with the advisory procedure set out in Article 8a(1a) of this Regulation, to suspend temporarily the relevant preferential treatment of the products as provided for in Article 29(4) of the Interim Agreement, and thereafter Article 44(4) of the SAA."
Justification
Given the fact that a suspension of the relevant preferential treatment is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  228 Proposal for a regulation – amending act Annex – section 17 – point 3 b (new) Regulation (EC) No 594/2008 Article 12
Text proposed by the Commission Amendment   3b. Article 12 is deleted.
Justification
The content of Article 12, which currently reads "Committee -- The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92. -- Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. -- The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months. -- 3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply. -- 4. The Committee shall adopt its Rules of Procedure." is integrated into Article 8a as amended.
Amendment  229 Proposal for a regulation – amending act Annex – section 18 – introductory part
Text proposed by the Commission	Amendment
As regards Regulation (EC) No 732/2008, the Commission should be empowered to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.	As regards Regulation (EC) No 732/2008, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union for the purpose of amending Annex I to that Regulation. As regards Regulation (EC) No 732/2008, the Commission should be empowered to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011 of 16 February 2011 of the European Parliament and of the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
Amendment  230 Proposal for a regulation – amending act Annex – section 18 – point -1 (new) Regulation (EC) No 732/2008 Recital 24 a (new)
Text proposed by the Commission Amendment   -1. The following recital shall be inserted:   "(24a) 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 granting the requesting country the special incentive arrangement for sustainable development and good governance and to amend Annex I accordingly, adopting detailed rules for implementing the provisions regarding the reduction of Common Customs Tariff duties on the products under tariff heading 1701, suspending Common Customs Tariff duties on the products under tariff headings 1006 and 1701, requiring import licences for imports of products under tariff heading 1701, removing a country from the arrangement by amending Annex I and to establish a transitional period, suspending the preferential arrangements provided for in this Regulation, temporarily withdrawing the preferential arrangements in respect of all or of certain products originating in a beneficiary country, and adopting amendments to 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."
Amendment  231 Proposal for a regulation – amending act Annex – section 18 – point -1 a (new) Regulation (EC) No 732/2008 Recital 25
Text proposed by the Commission Amendment   -1a. Recital 25 is replaced by the following:   "(25) The implementation of this Regulation requires uniform conditions for the adoption of provisional and definitive measures, for the imposition of prior surveillance measures, and for the termination of an investigation without 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  232 Proposal for a regulation – amending act Annex – section 18 – point -1 b (new) Regulation (EC) No 732/2008 Recital 25 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(25a) It is appropriate that the advisory procedure in conjunction with immediately applicable implementing acts be used for the iniation and the extension of an investigation, for adopting a decision to monitor and evaluate the situation in the beneficiary country for a period of six month if it considers that the temporary withdrawal of preferences is justified, and for the adoption of provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  233 Proposal for a regulation – amending act Annex – section 18 – point -1 c (new) Regulation (EC) No 732/2008 Article 10
Text proposed by the Commission Amendment   -1c. Article 10 is amended as follows:   (a) Paragraph 2 is replaced by the following:   "2. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to decide, after having examined the request, whether to grant the requesting country the special incentive arrangement for sustainable development and good governance and to amend Annex I accordingly.   Where a delay in action would cause damage which would be difficult to repair and therefore, imperative grounds of urgency so require, the procedure provided for in Article 27b shall apply to delegated acts adopted pursuant to this paragraph."   (b) Paragraph 5 is replaced by the following:   "5. The Commission shall conduct all relations with a requesting country concerning the request acting in accordance with the advisory procedure referred to in Article 27(5)."
Justification
The legislative decision which countries shall benefit from the GSP+ is delegated to the Commission for practical reasons. However, the legislator must keep the right to intervene in case it does not agree with the approach of the Commission.
Amendment  234 Proposal for a regulation – amending act Annex – section 18 – point -1 d (new) Regulation (EC) No 732/2008 Article 11
Text proposed by the Commission Amendment   -1d. Article 11 is amended as follows:   (a) Paragraph 7 is replaced by the following:   "7. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to adopt detailed rules for implementing the provisions referred to in paragraphs 4, 5 and 6 of this Article.   Where a delay in action would cause damage which would be difficult to repair and therefore, imperative grounds of urgency so require, the procedure provided for in Article 27b shall apply to delegated acts adopted pursuant to this paragraph."   (b) Paragraph 8 is replaced by the following:   "8. When a country is excluded by the UN from the list of the least-developed countries, it shall be withdrawn from the list of the beneficiaries of the arrangement. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to remove a country from the arrangement by amending Annex I and to establish a transitional period of at least three years."
Amendment  235 Proposal for a regulation – amending act Annex – section 18 – point 1 – point a Regulation (EC) No 732/2008 Article 16 – paragraph 3
Text proposed by the Commission Amendment 3. The Commission may suspend the preferential arrangements provided for in this Regulation, in respect of all or of certain products originating in a beneficiary country, in accordance with the procedure referred to in Article 27(6), where it considers that there is sufficient evidence that temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2, provided that it has first: 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to suspend the preferential arrangements provided for in this Regulation, in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2, provided that it has first:
Amendment  236 Proposal for a regulation – amending act Annex – section 18 – point 2 a (new) Regulation (EC) No 732/2008 Article 18 – paragraph 6
Text proposed by the Commission Amendment   (2a) Article 18, paragraph 6 is replaced by the following:   "(6) The investigation shall be completed within one year. The Commission may extend this period, in accordance with the advisory procedure referred to in Article 27(5)."
Amendment  237 Proposal for a regulation – amending act Annex – section 18 – point 3 – point -a (new) Regulation (EC) No 732/2008 Article 19 – paragraph 1
Text proposed by the Commission Amendment   (-a) Paragraph 1 is replaced by the following:   "The Commission shall submit a report on its findings to the Committee referred to in Article 27(1) as well as to the European Parliament."
Amendment  238 Proposal for a regulation – amending act Annex – section 18 – point 3 – point -a a (new) Regulation (EC) No 732/2008 Article 19 – paragraph 2
Text proposed by the Commission Amendment   (-aa) Paragraph 2 is replaced by the following:   "2. Where the Commission considers that the findings do not justify temporary withdrawal, it shall decide, in accordance with the advisory procedure referred to in Article 27(5), to terminate the investigation. In that case, the Commission shall publish a notice in the Official Journal of the European Union, announcing the termination of the investigation and setting out its main conclusions."
Amendment  239 Proposal for a regulation – amending act Annex – section 18 – point 3 – point a Regulation (EC) No 732/2008 Article 19 – paragraph 3
Text proposed by the Commission Amendment (a) In paragraph 3, the second sentence is replaced by the following: (a) Paragraph 3 is replaced by the following: "The Commission shall notify the beneficiary country concerned of this decision and shall publish a notice in the Official Journal of the European Union, announcing that it intends to temporarily withdraw the preferential arrangements in respect of all or of certain products originating in a beneficiary country, unless, before the end of the period, the beneficiary country concerned makes a commitment to take the measures necessary to conform, in a reasonable period of time, with the conventions referred to in Part A of Annex III." "Where the Commission considers that the findings justify temporary withdrawal for the reason referred to in Article 15(1)(a), it shall decide, in accordance with the advisory procedure referred to in Article 27(5), to monitor and evaluate the situation in the beneficiary country concerned for a period of six months. The Commission shall notify the beneficiary country concerned of this decision and shall publish a notice in the Official Journal of the European Union, announcing that it intends to temporarily withdraw the preferential arrangements in respect of all or of certain products originating in a beneficiary country, unless, before the end of the period, the beneficiary country concerned makes a commitment to take the measures necessary to conform, in a reasonable period of time, with the conventions referred to in Part A of Annex III."
Amendment  240 Proposal for a regulation – amending act Annex – section 18 – point 3 – point b Regulation (EC) No 732/2008 Article 19 – paragraph 4
Text proposed by the Commission Amendment 4. Where the Commission considers temporary withdrawal to be necessary, it shall decide in accordance with the procedure referred to in Article 27(6). In the case referred to in paragraph 3, the Commission shall act at the end of the period referred to in that paragraph. 4. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to decide on the temporary withdrawal. In the case referred to in paragraph 3, the Commission shall act at the end of the period referred to in that paragraph.
Amendment  241 Proposal for a regulation – amending act Annex – section 18 – point 3 – point c Regulation (EC) No 732/2008 Article 19 – paragraph 5
Text proposed by the Commission Amendment 5. Where the Commission decides on temporary withdrawal, such decision shall enter into force six months after it is taken, unless the Commission decides before then that the reasons justifying it no longer prevail. 5. Where the Commission adopts a delegated act on temporary withdrawal, such decision shall enter into force six months after it is taken, unless the delegated acts has been revoked, or the Commission decides to withdraw the delegated act before because the reasons justifying it no longer prevail.
Justification
Regarding the introduction of delegated acts it is logical to hold that the same procedure applied for the adoption of the original list should also apply for the temporary withdrawal of preferences to one or more countries. The decision to withdraw preferences supplements the main act in the same way as the list of countries which will benefit from the GSP+.
Amendment  242 Proposal for a regulation – amending act Annex – section 18 – point 4 – point a Regulation (EC) No 732/2008 Article 20 – paragraph 5
Text proposed by the Commission Amendment 5. The investigation shall be completed within six months from the date of publication of the notice referred to in paragraph 2. The Commission may, in the case of exceptional circumstances, extend this period in accordance with the procedure referred to in Article 27(5). 5. The investigation shall be completed within six months from the date of publication of the notice referred to in paragraph 2. The Commission may, in the case of exceptional circumstances, extend this period in accordance with the examination procedure referred to in Article 27(6).
Amendment  243 Proposal for a regulation – amending act Annex – section 18 – point 4 – point c Regulation (EC) No 732/2008 Article 20 – paragraph 7
Text proposed by the Commission Amendment 7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, in accordance with the procedure referred to in Article 27(7), take any preventive measure which is strictly necessary. 7. Where exceptional circumstances requiring immediate action make an investigation impossible, the Commission may, in accordance with the procedure referred to in Article 27(7), take any provisional measure which is strictly necessary.   Where a Member State requests immediate intervention by the Commission and where the conditions set out in paragraph 1 are met, the Commission shall take a decision within five working days of receiving the request.   Provisional measures shall not apply for more than 200 days.   Should the provisional safeguard measures be repealed because the investigation shows that the conditions set out in this Article are not met, any customs duty collected as a result of those provisional measures shall be refunded automatically.
Justification
Article 20(7) is adjusted to Article 16(6) (new) of Regulation (EC) No 260/2009 on the common rules of imports. Member States must have the right to request an immediate decision by the Commission.
Amendment  244 Proposal for a regulation – amending act Annex – section 18 – point 6 Regulation (EC) No 732/2008 Article 22 – paragraph 2
Text proposed by the Commission Amendment 6. Article 22(2) is deleted. 6. Article 22(2) is replaced by the following:   "2. Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 27(5)."
Justification
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  245 Proposal for a regulation – amending act Annex – section 18 – point 6 a (new) Regulation (EC) No 732/2008 Article 22 a (new)
Text proposed by the Commission Amendment   6a. The following article shall be inserted:   "Article 22a   1. Where the facts as finally established show that the conditions set out in Article 20 are not met, the Commission shall adopt a decision terminating the investigation and proceeding in accordance with the examination procedure referred to in Article 27(6).   2. The Commission shall present, with due regard to the protection of confidential information within the meaning of Article 27c, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law to the European Parliament. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Amendment  246 Proposal for a regulation – amending act Annex – section 18 – point 6 b (new) Regulation (EC) No 732/2008 Article 25
Text proposed by the Commission Amendment   6b. In Article 25, the introductory part is replaced by the following:   "The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in order to adopt amendments to the Annexes made necessary:"
Justification
An amendment of annexes is evidently an "amendment" of the basic act. The legislator has the choice on whether to delegate the power to make such amendments of non-essential elements of the basic act.
Amendment  247 Proposal for a regulation – amending act Annex – section 18 – point 7 Regulation (EC) No 732/2008 Article 27
Text proposed by the Commission Amendment 7. In Article 27, the following paragraphs 6 and 7 are added: 7. Article 27 is replaced by the following:   "1. [...] The Commission shall be assisted by a Generalised Preferences Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.   [...]   5. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 6. Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/2011] shall apply. 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 7. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof." 7. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.   7a. 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  248 Proposal for a regulation – amending act Annex – section 18 – point 7 a (new) Regulation (EC) No 732/2008 Article 27 a (new)
Text proposed by the Commission Amendment   7a. The following article shall be inserted:   "Article 27a   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 10(2), Article 11(7) and (8), Article 16(3), Article 19 (4) and (5) and Article 25 shall be conferred on the Commission for a period of five years. 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 extensions not later than three months before the end of each period.   3. The delegation of power referred to in Article 10(2), Article 11(7) and (8), Article 16 (3), Article 19 (4) and (5) and Article 25 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on 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 Article 10(2), Article 11 (7) and (8), Article 16 (3), Article 19 (4) and (5) and Article 25 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two 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 two months at the initiative of the European Parliament or the Council."
Amendment  249 Proposal for a regulation – amending act Annex – section 18 – point 7 b (new) Regulation (EC) No 732/2008 Article 27 b (new)
Text proposed by the Commission Amendment   7b. The following article shall be inserted:   "Article 27b   Urgency procedure   1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.   2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 27a(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council."
Amendment  250 Proposal for a regulation – amending act Annex – section 18 – point 7 c (new) Regulation (EC) No 732/2008 Article 27 c (new)
Text proposed by the Commission Amendment   7c. The following article shall be inserted:   "Article 27c   Confidentiality   1. Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.   2. No information of a confidential nature nor any information provided on a confidential basis received pursuant to this Regulation shall be disclosed without specific permission from the supplier of such information.   3. Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded.   4. Information shall in any case be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information.   5. Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Regulation are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged."
Amendment  251 Proposal for a regulation – amending act Annex – section 18 – point 7 d (new) Regulation (EC) No 732/2008 Article 27 d (new)
Text proposed by the Commission Amendment   7d. The following article shall be inserted:   "Article 27d   Report   1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall cover all of the preferential arrangements referred to in Article 1(2), include information about the activities of the various bodies responsible for monitoring the implementation of the Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade, and present a summary of the statistics and the evolution of trade with the beneficiary countries and territories.   2. The Generalised Preferences Committee and the European Parliament shall examine the effects of the scheme, on the basis of the report. The European Parliament may 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.   3. No later than six months after presenting the report to the Generalised Preferences Committee and the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU’s trade relations. Especially when it comes to the granting of trade preferences within the GSP, the GSP+ or the EBA, it is important for the European Parliament as well as for the public and the stakeholders to be well informed about all measures put in place.
Amendment  252 Proposal for a regulation – amending act Annex – section 19 – point -1 (new) Regulation (EC) No 597/2009 Recital 16
Text proposed by the Commission Amendment   -1. Recital 16 shall be replaced by the following:   "(16) It is necessary to provide that the termination of cases should, irrespective of whether definitive measures are adopted or not, normally take place within 11 months and in no case later than 12 months, from the initiation of the investigation. Only if Member States indicate to the Commission that they expect an intense controversy in the decision making process with the need to submit a draft implementing act to the appeal body pursuant to Article 5 of the Regulation (EU) No 182/2011, the Commission should be able to decide, to extend the time limit, for a period up to, but in no case longer than, 13 months."
Justification
The draft implementing act can be submitted to the appeal body either after a negative vote by qualified majority in the examination committee (see Article 5(3) of the Comitology Regulation) or when there is no opinion but a simple majority against in the examination committee (see Article 5(5) of the Comitology Regulation). The reference above to Article 5 would then be broader and capture both situations.
Amendment  253 Proposal for a regulation – amending act Annex – section 19 – point -1 a (new) Regulation (EC) No 597/2009 Recital 26
Text proposed by the Commission Amendment   -1a. Recital 26 is deleted.
Amendment  254 Proposal for a regulation – amending act Annex – section 19 – point -1 b (new) Regulation (EC) No 597/2009 Recital 26 a (new)
Text proposed by the Commission Amendment   -1b. The following recital shall be inserted:   "(26a) The implementation of this Regulation requires uniform conditions for the adoption of provisional and definitive measures, and for the termination of an investigation without 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 powers1.   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  255 Proposal for a regulation – amending act Annex – section 19 – point -1 c (new) Regulation (EC) No 597/2009 Recital 26 b (new)
Text proposed by the Commission Amendment   -1c. The following recital shall be inserted:   "(26b) It is appropriate that the advisory procedure be used for the adoption of provisional measures and for terminating an investigation given the effects of these measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  256 Proposal for a regulation – amending act Annex – section 19 – point -1 d (new) Regulation (EC) No 597/2009 Article 10 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment   -1d. Article 10(1)(2) is replaced by the following:   "The complaint may be submitted to the Commission, or to a Member State, which shall forward it to the Commission. The Commission shall send Member States a copy of any complaint it receives. The complaint shall be deemed to have been lodged on the first working day following its delivery to the Commission by registered mail or the issuing of an acknowledgement of receipt by the Commission. Before the initiation of proceedings the Commission shall inform the Member States and give them the opportunity to express their views."
Justification
The Member States should be consulted at an early stage of the proceedings to ensure a fast and reasonable progress in the examination procedure for the final decision. The Commission must do it's very best to eliminate all possible obstacles that could hinder a decision in the examination committee.
Amendment  257 Proposal for a regulation – amending act Annex – section 19 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 9
Text proposed by the Commission Amendment 9. For proceedings pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall be concluded within 13 months of initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action. In exceptional cases, having regard to the complexity of the investigation, the Commission may decide, no later than 8 months after the initiation of the investigation, to extend this time limit, for a period up to, but in no case longer than, 18 months. 9. For proceedings pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within 11 months. In any event, such investigations shall be concluded within 12 months of initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action.
Justification
The Member States should be consulted at an early stage of the proceedings to ensure a fast and reasonable progress in the examination procedure for the final decision. The Commission must do it's very best to eliminate all possible obstacles that could hinder a decision in the examination committee.
Amendment  258 Proposal for a regulation – amending act Annex – section 19 – point 2 a (new) Regulation (EC) No 597/2009 Article 11 – paragraph 9 a (new)
Text proposed by the Commission Amendment   2a. In Article 11, the following paragraph shall be inserted:   "9a. No later than 7 and a half months after the initiation of the investigation the Commission shall consult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011. If so the Commission may decide, no later than eight months after the initiation of the investigation, to extend the time limit of paragraph 9, for a period up to, but in no case longer than, 13 months. The Commission shall make this decision public."
Justification
The draft implementing act can be submitted to the appeal body either after a negative vote by qualified majority in the examination committee (see Article 5(3) of the Comitology Regulation) or when there is no opinion but a simple majority against in the examination committee (see Article 5(5) of the Comitology Regulation). The reference above to Article 5 would then be broader and capture both situations.
Amendment  259 Proposal for a regulation – amending act Annex – section 19 – point 3 – point a Regulation (EC) No 597/2009 Article 12 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment The provisional duties shall be imposed no earlier than 60 days, and no later than 9 months, from the initiation of the proceedings. In exceptional cases, having regard to the complexity of the investigation, the Commission may decide, no later than 8 months after the initiation of the investigation, to extend this time limit, to a period up to, but in no case longer than, 12 months. The provisional duties shall be imposed no earlier than 60 days, and no later than 8 months, from the initiation of the proceedings. In the event that the Member States indicate to the Commission pursuant to Article 11(9a) that they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011, the Commission may decide, no later than 8 months after the initiation of the investigation, to extend this time limit, to a period up to, but in no case longer than, 9 months.
Justification
The draft implementing act can be submitted to the appeal body either after a negative vote by qualified majority in the examination committee (see Article 5(3) of the Comitology Regulation) or when there is no opinion but a simple majority against in the examination committee (see Article 5(5) of the Comitology Regulation). The reference above to Article 5 would then be broader and capture both situations.
Amendment  260 Proposal for a regulation – amending act Annex – section 19 – point 4 – point b Regulation (EC) No 597/2009 Article 13 – paragraph 5
Text proposed by the Commission Amendment 5. Where undertakings are accepted the investigation shall be terminated. The Commission shall terminate the investigation in accordance with the procedure referred to in Article 25(2). 5. Where undertakings are accepted the investigation shall be terminated. The Commission shall terminate the investigation in accordance with the examination procedure referred to in Article 25(2). The chair may obtain the committee´s opinion by written procedure referred to in Article 15(5).
Amendment  261 Proposal for a regulation – amending act Annex – section 19 – point 5 Regulation (EC) No 597/2009 Article 14 – paragraph 2
Text proposed by the Commission Amendment Where protective measures are unnecessary the investigation or proceedings shall be terminated. The Commission shall terminate the investigation in accordance with the procedure referred to in Article 25(2). Where protective measures are unnecessary the investigation or proceedings shall be terminated. The Commission shall terminate the investigation in accordance with the advisory procedure referred to in Article 25(1a). The chair may obtain the committee´s opinion by written procedure referred to in Article 15(5).
Justification
Due to the fact that no problems have ever occured in practise when terminating an investigation the advisory procedure is the appropriate choice.
Amendment  262 Proposal for a regulation – amending act Annex – section 19 – point 10 – point a Regulation (EC) No 597/2009 Article 22 – paragraph 1 – subparagraph 2
Text proposed by the Commission Amendment Reviews carried out pursuant to Articles 18 and 19 shall be carried out expeditiously and shall normally be concluded within 12 months of the date of initiation of the review. In any event, reviews pursuant to Articles 18 and 19 shall be concluded within 15 months of initiation. In exceptional cases, having regard to the complexity of the investigation, the Commission may decide, no later than 9 months after the initiation of the investigation, to extend this time limit, for a period up to, but in no case longer than, 18 months. Reviews carried out pursuant to Articles 18 and 19 shall be carried out expeditiously and shall normally be concluded within 11 months of the date of initiation of the review. In any event, reviews pursuant to Articles 18 and 19 shall be concluded within 14 months of initiation. No later than seven and a half months after the initiation of the investigation pursuant to Article 11 the Commission shall consult the Member States on the basis of the findings of the investigation. The Member States shall in this consultation indicate to the Commission whether they expect an intense controversy in the decision making process pursuant to Articles 14 and 15 for definitive action which would be likely to trigger the appeal procedure referred to in Article 6 of Regulation (EU) No 182/2011 If so the Commission may decide, no later than 8 months after the initiation of the investigation, to extend the time limit for a period up to, but in no case longer than, 15 months. The Commission shall make this decision public.
Justification
The draft implementing act can be submitted to the appeal body either after a negative vote by qualified majority in the examination committee (see Article 5(3) of the Comitology Regulation) or when there is no opinion but a simple majority against in the examination committee (see Article 5(5) of the Comitology Regulation). The reference above to Article 5 would then be broader and capture both situations.
Amendment  263 Proposal for a regulation – amending act Annex – section 19 – point 10 – point c Regulation (EC) No 597/2009 Article 22 – paragraph 2
Text proposed by the Commission Amendment 2. Reviews pursuant to Articles 18, 19 and 20 shall be initiated by the Commission. 2. Reviews pursuant to Articles 18, 19 and 20 shall be initiated by the Commission. Before the initiation of proceedings the Commission shall inform the Member States and give them the opportunity to express their views.
Justification
The Member States should be consulted at an early stage of the proceedings to ensure a fast and reasonable progress in the examination procedure for the final decision. The Commission must do it's very best to eliminate all possible obstacles that could hinder a decision in the examination committee.
Amendment  264 Proposal for a regulation – amending act Annex – section 19 – point 12 – point a Regulation (EC) No 597/2009 Article 24 – paragraph 4 – subparagraph 1
Text proposed by the Commission Amendment 4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission for a period of nine months. The suspension may be extended for a further period, not exceeding one year, by the Commission acting in accordance with the procedure referred to in Article 25(2). 4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission for a period of nine months. The suspension may be extended for a further period, not exceeding one year, by the Commission acting in accordance with the advisory procedure referred to in Article 25(1a).
Justification
Given the fact that a suspension of an imposed measure is only an intermediate stage and that the final decisions is taken in accordance with the examination procedure, it is appropriate that the advisory procedure applies.
Amendment  265 Proposal for a regulation – amending act Annex – section 19 – point 13 Regulation (EC) No 597/2009 Article 25 – paragraph 1 a (new)
Text proposed by the Commission Amendment   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. Amendments shall be suggested at the latest three days before the meeting of the committee.
Amendment  266 Proposal for a regulation – amending act Annex – section 19 – point 13 Regulation (EC) No 597/2009 Article 25 – paragraph 2
Text proposed by the Commission Amendment 2. Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/2011] shall apply. 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. Amendments shall be suggested at the latest three days before the meeting of the committee.
Amendment  267 Proposal for a regulation – amending act Annex – section 19 – point 13 Regulation (EC) No 597/2009 Article 25 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  268 Proposal for a regulation – amending act Annex – section 19 – point 13 Regulation (EC) No 597/2009 Article 25 – paragraph 4 a (new)
Text proposed by the Commission Amendment   4a. In case a draft implementing act is submitted to the appeal committee pursuant to Article 5(5) of Regulation (EU) No 182/2011, it shall deliver its opinion within one month of the date of referral. Amendments shall be suggested at the latest three days before the meeting of the committee.
Justification
In view of the extreme time pressure the procedures face it must be ensured that advisory and examination committee as well as the appeal body deliver their opinions as fast as possible. It is unaffordable to loose any time. For the same reason a strict discipline must be imposed on Member States concerning possible amendments.
Amendment  269 Proposal for a regulation – amending act Annex – section 19 – point 13 Regulation (EC) No 597/2009 Article 25 – paragraph 4 b (new)
Text proposed by the Commission Amendment   4b. 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  270 Proposal for a regulation – amending act Annex – section 19 – point 16 a (new) Regulation (EC) No 597/2009 Article 33 a (new)
Text proposed by the Commission Amendment   16a. The following article shall be inserted:   "Article 33a   Report   1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the application of provisional and definitive measures, the imposition of prior surveillance measures, the termination of investigations without measures, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of the Regulation and fulfilment of the obligations arising therefrom.   2. 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 Regulation.   3. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU´s trade relations. Especially when it comes to trade defense instruments (TDI) it is important for the European Parliament as well as for the public and the stakeholders to be well informed about all imposed measures.
Amendment  271 Proposal for a regulation – amending act Annex – section 20 – point -1 (new) Regulation (EC) No 260/2009 Recital 11
Text proposed by the Commission Amendment   -1. Recital 11 is replaced by the following:   "(11) The implementation of this Regulation requires uniform conditions for the adoption of provisional and definitive safeguard measures, and for the imposition of prior surveillance 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 powers1.   ______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  272 Proposal for a regulation – amending act Annex – section 20 – point - 1 a (new) Regulation (EC) No 260/2009 Recital 11 a (new)
Text proposed by the Commission Amendment   -1a. The following recital shall be inserted:   "(11a) It is appropriate that the advisory procedure be used for the adoption of surveillance and provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  273 Proposal for a regulation – amending act Annex – section 20 – point 2 Regulation (EC) No 260/2009 Article 4 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  274 Proposal for a regulation – amending act Annex – section 20 – point 2 Regulation (EC) No 260/2009 Article 4 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof.
Amendment  275 Proposal for a regulation – amending act Annex – section 20 – point 2 Regulation (EC) No 260/2009 Article 4 – paragraph 3 a (new)
Text proposed by the Commission Amendment   3a. 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  276 Proposal for a regulation – amending act Annex – section 20 – point 6 Regulation (EC) No 260/2009 Article 11 – paragraph 2
Text proposed by the Commission Amendment 2. The decision to impose surveillance shall be taken by the Commission according to the procedure laid down in Article 16(6). 2. The decision to impose surveillance shall be taken by the Commission by means of implementing acts according to the advisory procedure referred to in Article 4(1a).
Justification
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  277 Proposal for a regulation – amending act Annex – section 20 – point 8 Regulation (EC) No 260/2009 Article 16 – paragraphs 6 and 7
Text proposed by the Commission Amendment 6. Where intervention by the Commission has been requested by a Member State, the Commission, acting in accordance with the procedure referred to in Article 4(2) shall take a decision within a maximum of five working days of receipt of such a request. In cases of urgency, Article 4(3) shall apply. 6. Where intervention by the Commission has been requested by a Member State, the Commission, acting in accordance with the procedure referred to in Article 4(3) shall take a decision within a maximum of five working days of receipt of such a request.
Justification
Pursuant to Article 16(1) the Commission limits the period of validity of surveillance documents or alters the import rules for the product in question by its own time schedule. Where in intervention by the Commission has been requested by a Member State the Commission must act within 5 working days. This is only possible if the Commission adopts an immediately applicable implementing act pursuant to Art. 8 of Regulation (EU) No 182/ 2011.
Amendment  278 Proposal for a regulation – amending act Annex – section 20 – point 11 Regulation (EC) No 260/2009 Article 23
Text proposed by the Commission Amendment Where the interests of the Union so require, the Commission, acting in accordance with the procedure referred to in Article 4(2), may adopt appropriate measures to allow the rights and obligations of the Union or of all its Member States, in particular those relating to trade in commodities, to be exercised and fulfilled at international level. Where the interests of the Union so require, the Commission, acting in accordance with the examination procedure referred to in Article 4(2), may adopt appropriate measures implementing legislative acts, which shall not entail any substantive changes, to allow the rights and obligations of the Union or of all its Member States, in particular those relating to trade in commodities, to be exercised and fulfilled at international level.
Amendment  279 Proposal for a regulation – amending act Annex – section 20 – point 11 a (new) Regulation (EC) No 260/2009 Article 23 a (new)
Text proposed by the Commission Amendment   11a. The following article shall be inserted:   "Article 23a   Report   1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the application of provisional and definitive measures, prior surveillance measures, regional surveillance and safeguard measures, the termination of investigations without measures, and the activities of the various bodies responsible for monitoring the implementation of the Regulation and fulfilment of the obligations arising therefrom.   2. 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 Regulation.   3. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public."
Justification
It is absolutely necessary to inform the European Parliament and the public about all aspects of the EU´s trade relations. Especially when it comes to trade defense instruments (TDI) it is important for the European Parliament as well as for the public and the stakeholders to be well informed about all imposed measures.
Amendment  280 Proposal for a regulation – amending act Annex – section 21 – point -1 (new) Regulation (EC) No 625/2009 Recital 10
Text proposed by the Commission Amendment   -1. Recital 10 is replaced by the following:   "(10) The implementation of this Regulation requires uniform conditions for the adoption of provisional and definitive safeguard measures, and for the imposition of prior surveillance 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 powers1.   _______________   1OJ L 55, 28.2.2011, p. 13."
Amendment  281 Proposal for a regulation – amending act Annex – section 21 – point -1 a (new) Regulation (EC) No 625/2009 Recital 10 a (new)
Text proposed by the Commission Amendment   -1a. The following recital shall be inserted:   "(10a) It is appropriate that the advisory procedure be used for the adoption of surveillance and provisional measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures."
Amendment  282 Proposal for a regulation – amending act Annex – section 21 – point 2 Regulation (EC) No 625/2009 Article 4 – paragraph 1 a (new)
Text proposed by the Commission Amendment   1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
Amendment  283 Proposal for a regulation – amending act Annex – section 21 – point 2 Regulation (EC) No 625/2009 Article 4 – paragraph 3
Text proposed by the Commission Amendment 3. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof.