# C_2016346EN.01019401.xml

| 21.9.2016 | EN | Official Journal of the European Union | C 346/194 |
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21.9.2016

EN

Official Journal of the European Union

C 346/194

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P8_TA(2015)0177

Suspension of exceptional trade measures with regard to Bosnia and Herzegovina ***I

Amendments adopted by the European Parliament on 30 April 2015 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process and suspending its application with regard to Bosnia and Herzegovina (COM(2014)0386 — C8-0039/2014 — 2014/0197(COD)) (1)

1

(Ordinary legislative procedure: first reading)

(2016/C 346/41)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 2

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | Regulation (EC) No 1215/2009 does not provide any possibility to temporarily suspend the grant of exceptional trade measures in case of serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law by its beneficiaries. It is appropriate to introduce such possibility, so as to ensure that swift action can be taken in case serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law would occur in one of the countries and territories participating in or linked to the European Union's Stabilisation and Association process. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2)

Regulation (EC) No 1215/2009 does not provide any possibility to temporarily suspend the grant of exceptional trade measures in case of serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law by its beneficiaries. It is appropriate to introduce such possibility, so as to ensure that swift action can be taken in case serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law would occur in one of the countries and territories participating in or linked to the European Union's Stabilisation and Association process.

| (2) | Regulation (EC) No 1215/2009 does not provide any possibility to temporarily suspend the grant of exceptional trade measures in case of serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law by its beneficiaries. It is appropriate to introduce such possibility, so as to ensure that swift action can be taken in case serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law would occur in one of the countries and territories participating in or linked to the European Union's Stabilisation and Association process.
  Respect for democratic principles, the rule of law, human rights and the protection of minorities are required to achieve progress in the accession process. |
| --- | --- |

(2)

Regulation (EC) No 1215/2009 does not provide any possibility to temporarily suspend the grant of exceptional trade measures in case of serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law by its beneficiaries. It is appropriate to introduce such possibility, so as to ensure that swift action can be taken in case serious and systematic violations of the fundamental principles of human rights, democracy and the rule of law would occur in one of the countries and territories participating in or linked to the European Union's Stabilisation and Association process.
  Respect for democratic principles, the rule of law, human rights and the protection of minorities are required to achieve progress in the accession process.

Respect for democratic principles, the rule of law, human rights and the protection of minorities are required to achieve progress in the accession process.

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 5

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | Since the launch of the Stabilisation and Association Process, Stabilisation and Association Agreements have been concluded with all concerned Western Balkan countries, with the exception of Bosnia and Herzegovina and Kosovo (1). In
  June 2013
  ,
  the Council authorised the Commission to start
  negotiations for a Stabilisation and Association Agreement with Kosovo. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5)

Since the launch of the Stabilisation and Association Process, Stabilisation and Association Agreements have been concluded with all concerned Western Balkan countries, with the exception of Bosnia and Herzegovina and Kosovo (1). In
  June 2013
  ,
  the Council authorised the Commission to start
  negotiations for a Stabilisation and Association Agreement with Kosovo.

1

June 2013

the Council authorised the Commission to start

| (5) | Since the launch of the Stabilisation and Association Process, Stabilisation and Association Agreements have been concluded with all concerned Western Balkan countries, with the exception of Bosnia and Herzegovina and Kosovo (2). In
  May 2014
  ,
  the
  negotiations for a Stabilisation and Association Agreement with Kosovo
  were completed and the Agreement was initialled in July 2014
  . |
| --- | --- |

(5)

Since the launch of the Stabilisation and Association Process, Stabilisation and Association Agreements have been concluded with all concerned Western Balkan countries, with the exception of Bosnia and Herzegovina and Kosovo (2). In
  May 2014
  ,
  the
  negotiations for a Stabilisation and Association Agreement with Kosovo
  were completed and the Agreement was initialled in July 2014
  .

2

May 2014

the

were completed and the Agreement was initialled in July 2014

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | However, Bosnia and Herzegovina has not yet accepted to adapt trade concessions granted under the Interim Agreement in order to take into account the preferential traditional trade between Croatia and Bosnia and Herzegovina under the Central European Free Trade Agreement (CEFTA). In case, by the time of the adoption of this Regulation, an agreement on the adaptation of the trade concessions set out in the Stabilisation and Association Agreement and in the Interim Agreement has not been signed and provisionally applied by European Union and Bosnia and Herzegovina, the preferences granted to Bosnia and Herzegovina should be suspended as from 1 January 2016. Once Bosnia-Herzegovina and the European Union will have signed and provisionally applied an agreement on the adaptation of trade concessions in the Interim Agreement, those preferences should be re-established. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7)

However, Bosnia and Herzegovina has not yet accepted to adapt trade concessions granted under the Interim Agreement in order to take into account the preferential traditional trade between Croatia and Bosnia and Herzegovina under the Central European Free Trade Agreement (CEFTA). In case, by the time of the adoption of this Regulation, an agreement on the adaptation of the trade concessions set out in the Stabilisation and Association Agreement and in the Interim Agreement has not been signed and provisionally applied by European Union and Bosnia and Herzegovina, the preferences granted to Bosnia and Herzegovina should be suspended as from 1 January 2016. Once Bosnia-Herzegovina and the European Union will have signed and provisionally applied an agreement on the adaptation of trade concessions in the Interim Agreement, those preferences should be re-established.

| (7) | However, Bosnia and Herzegovina has not yet accepted to adapt trade concessions granted under the Interim Agreement in order to take into account the preferential traditional trade between Croatia and Bosnia and Herzegovina under the Central European Free Trade Agreement (CEFTA). In case, by the time of the adoption of this Regulation, an agreement on the adaptation of the trade concessions set out in the Stabilisation and Association Agreement and in the Interim Agreement has not been signed and provisionally applied by European Union and Bosnia and Herzegovina, the preferences granted to Bosnia and Herzegovina should be suspended as from 1 January 2016. Once Bosnia-Herzegovina and the European Union will have signed and provisionally applied an agreement on the adaptation of trade concessions in the Interim Agreement, those preferences should be re-established.
  The authorities of Bosnia and Herzegovina and the Commission should redouble efforts to find, before 1 January 2016 and in line with the Interim Agreement, a mutually acceptable solution, especially in terms of cross-border trade, |
| --- | --- |

(7)

However, Bosnia and Herzegovina has not yet accepted to adapt trade concessions granted under the Interim Agreement in order to take into account the preferential traditional trade between Croatia and Bosnia and Herzegovina under the Central European Free Trade Agreement (CEFTA). In case, by the time of the adoption of this Regulation, an agreement on the adaptation of the trade concessions set out in the Stabilisation and Association Agreement and in the Interim Agreement has not been signed and provisionally applied by European Union and Bosnia and Herzegovina, the preferences granted to Bosnia and Herzegovina should be suspended as from 1 January 2016. Once Bosnia-Herzegovina and the European Union will have signed and provisionally applied an agreement on the adaptation of trade concessions in the Interim Agreement, those preferences should be re-established.
  The authorities of Bosnia and Herzegovina and the Commission should redouble efforts to find, before 1 January 2016 and in line with the Interim Agreement, a mutually acceptable solution, especially in terms of cross-border trade,

The authorities of Bosnia and Herzegovina and the Commission should redouble efforts to find, before 1 January 2016 and in line with the Interim Agreement, a mutually acceptable solution, especially in terms of cross-border trade,

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 7 a (new)

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | It is necessary to take into account the constant progress towards European Union membership by the concerned countries and territories of the Western Balkans, as well the accession of Croatia to the Union and the consequent need to adapt the Interim Agreement with Bosnia and Herzegovina. In this context, it is also necessary to take into account the Union's unequivocal commitment to Bosnia and Herzegovina's EU perspective, as set out in the conclusions of the Foreign Affairs Council of 15 December 2014. In those conclusions, the need was reiterated for the political leadership of Bosnia and Herzegovina to anchor the reforms needed for EU integration in the work of all relevant institutions, and the need to establish the functionality and efficiency at all levels of government in order to allow Bosnia and Herzegovina to prepare for future EU membership, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

It is necessary to take into account the constant progress towards European Union membership by the concerned countries and territories of the Western Balkans, as well the accession of Croatia to the Union and the consequent need to adapt the Interim Agreement with Bosnia and Herzegovina. In this context, it is also necessary to take into account the Union's unequivocal commitment to Bosnia and Herzegovina's EU perspective, as set out in the conclusions of the Foreign Affairs Council of 15 December 2014. In those conclusions, the need was reiterated for the political leadership of Bosnia and Herzegovina to anchor the reforms needed for EU integration in the work of all relevant institutions, and the need to establish the functionality and efficiency at all levels of government in order to allow Bosnia and Herzegovina to prepare for future EU membership,

It is necessary to take into account the constant progress towards European Union membership by the concerned countries and territories of the Western Balkans, as well the accession of Croatia to the Union and the consequent need to adapt the Interim Agreement with Bosnia and Herzegovina. In this context, it is also necessary to take into account the Union's unequivocal commitment to Bosnia and Herzegovina's EU perspective, as set out in the conclusions of the Foreign Affairs Council of 15 December 2014. In those conclusions, the need was reiterated for the political leadership of Bosnia and Herzegovina to anchor the reforms needed for EU integration in the work of all relevant institutions, and the need to establish the functionality and efficiency at all levels of government in order to allow Bosnia and Herzegovina to prepare for future EU membership,

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 7 b (new)

Recital 7 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7b) | The European Union remains committed to support Bosnia and Herzegovina's European perspective and expects the political leadership of the country to pursue reforms aimed at promoting functional institutions as well as ensuring equal rights for the three constituent peoples and all citizens of Bosnia and Herzegovina. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7b)

(7b)

The European Union remains committed to support Bosnia and Herzegovina's European perspective and expects the political leadership of the country to pursue reforms aimed at promoting functional institutions as well as ensuring equal rights for the three constituent peoples and all citizens of Bosnia and Herzegovina.

The European Union remains committed to support Bosnia and Herzegovina's European perspective and expects the political leadership of the country to pursue reforms aimed at promoting functional institutions as well as ensuring equal rights for the three constituent peoples and all citizens of Bosnia and Herzegovina.

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Article 1 — point - 1 (new)

Article 1 — point - 1 (new)

Regulation (EC) No 1215/2009

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (-1)
     
  The following recital is inserted: |
| | | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(-1)
     
  The following recital is inserted:

(-1)

The following recital is inserted:

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Article 1 — point 1 a (new)

Article 1 — point 1 a (new)

Regulation (EC) No 1215/2009

Article 2 — paragraph 3

| Present text | Amendment |
| --- | --- |
| | (1a)
     
  In Article 2, paragraph 3 is replaced by the following: |
| 3.   In the event of non-compliance by a country or territory with
  paragraphs
  1
  or 2
  , the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the country or territory concerned to benefits under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4). | ‘3.   In the event of non-compliance by a country or territory with
  points (a) or (b) of paragraph 1,
  the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the country or territory concerned to benefit under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).’ |

Present text

Present text

Amendment

Amendment

(1a)
     
  In Article 2, paragraph 3 is replaced by the following:

(1a)

In Article 2, paragraph 3 is replaced by the following:

3.   In the event of non-compliance by a country or territory with
  paragraphs
  1
  or 2
  , the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the country or territory concerned to benefits under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).

paragraphs

or 2

‘3.   In the event of non-compliance by a country or territory with
  points (a) or (b) of paragraph 1,
  the Commission may, by means of implementing acts, suspend, in whole or in part, the entitlement of the country or territory concerned to benefit under this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(4).’

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Article 1 — point 1 b (new)

Article 1 — point 1 b (new)

Regulation (EC) No 1215/2009

Article 7 — point c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b)
     
  In Article 7, the following point is added: |
| | ‘(c) | the suspension, in whole or in part, of the entitlement of a country or territory concerned to benefits under this Regulation, in the event of non-compliance by that country or territory with the conditions set out in points (c) and (d) of Article 2(1) and in Article 2(2) of this Regulation.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1b)
     
  In Article 7, the following point is added:

(1b)

In Article 7, the following point is added:

‘(c)

the suspension, in whole or in part, of the entitlement of a country or territory concerned to benefits under this Regulation, in the event of non-compliance by that country or territory with the conditions set out in points (c) and (d) of Article 2(1) and in Article 2(2) of this Regulation.’

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Article 1 — point 1 c (new)

Article 1 — point 1 c (new)

Regulation (EC) No 1215/2009

Article 10 — paragraph 1 — subparagraph 1 — introductory wording

| Present text | Amendment |
| --- | --- |
| | (1c)
     
  In Article 10(1), the introductory wording is replaced by the following: |
| 1.   Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase of exports into the Community above the level of normal production and export capacity or a failure of compliance with the provisions of Article 2(1) by countries and territories referred to in Article 1, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first: | ‘1.   Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase of exports into the Community above the level of normal production and export capacity or a failure of compliance with the provisions
  of points (a) and (b)
  of Article 2(1) by countries and territories referred to in Article 1, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first:’ |

Present text

Present text

Amendment

Amendment

(1c)
     
  In Article 10(1), the introductory wording is replaced by the following:

(1c)

In Article 10(1), the introductory wording is replaced by the following:

1.   Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase of exports into the Community above the level of normal production and export capacity or a failure of compliance with the provisions of Article 2(1) by countries and territories referred to in Article 1, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first:

‘1.   Where the Commission finds that there is sufficient evidence of fraud or failure to provide administrative cooperation as required for the verification of evidence of origin, or that there is a massive increase of exports into the Community above the level of normal production and export capacity or a failure of compliance with the provisions
  of points (a) and (b)
  of Article 2(1) by countries and territories referred to in Article 1, it may take measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months, provided that it has first:’

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(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0060/2015).

1

(1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

1

(2)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

2

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