# Regulation (EU) No 38/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 38/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating            to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures         

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U.K.

# Regulation (EU) No 38/2014 of the European Parliament and of the Council

# of 15 January 2014

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure(1),                        

Whereas:

(1)A number of basic regulations relating to the common commercial policy provide that acts are to be adopted on the basis of                              the procedures set out in Council Decision 1999/468/EC(2).

(2)An examination of the legislative acts in force which were not adapted to the regulatory procedure with scrutiny before the                              entry into force of the Treaty of Lisbon is necessary in order to ensure consistency with the provisions introduced by that                              Treaty. It is appropriate, in certain cases, to amend such acts in order to grant delegated powers to the Commission pursuant                              to Article 290 of the Treaty on the Functioning of the European Union (TFEU). It is also appropriate, in some cases, to apply                              certain procedures set out in Regulation (EU) No 182/2011 of the European Parliament and of the Council(3).

(3)The following regulations should therefore be amended accordingly:-  Council Regulation (EEC) No 3030/93(4),                                  
-  Council Regulation (EC) No 517/94(5),                                  
-  Council Regulation (EC) No 953/2003(6),                                  
-  Council Regulation (EC) No 673/2005(7),                                  
-  Council Regulation (EC) No 1528/2007(8),                                  
-  Council Regulation (EC) No 55/2008(9),                                  
-  Council Regulation (EC) No 1340/2008(10).                                  

(4)In order to ensure legal certainty, the procedures for the adoption of measures which have been initiated but not completed                              before the entry into force of this Regulation should not be affected by this Regulation,

HAVE ADOPTED THIS REGULATION:

# Article 1U.K.

The Regulations listed in the Annex to this Regulation are hereby amended in accordance with the Annex.

# Article 2U.K.

References to provisions of the Regulations listed in the Annex to this Regulation shall be construed as being made to those                     provisions as amended by this Regulation.                  

# Article 3U.K.

This Regulation shall not affect procedures for the adoption of measures provided for in the Regulations listed in the Annex                     to this Regulation which have been initiated but not completed before the entry into force of this Regulation.                  

# Article 4U.K.

This Regulation shall enter into force on the thirtieth day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 15 January 2014.

*For the European Parliament*                            

*The President*                            

M. Schulz                            

*For the Council*                            

*The President*                            

D. Kourkoulas                            

## ANNEXU.K.**LIST OF REGULATIONS FALLING UNDER THE COMMON COMMERCIAL POLICY AND AMENDED IN ADAPTATION TO ARTICLE 290 OF THE TREATY ON THE                           FUNCTIONING OF THE EUROPEAN UNION OR TO THE APPLICABLE PROVISIONS OF REGULATION (EU) No 182/2011 OF THE EUROPEAN PARLIAMENT                           AND OF THE COUNCIL**

### 1.**Regulation (EEC) No 3030/93**U.K.

As regards Regulation (EEC) No 3030/93, in order to ensure the appropriate functioning of the system for the management of                     imports of certain textile products, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning                     of the European Union should be delegated to the Commission in respect of amending the Annexes to that Regulation, granting                     additional opportunities for imports, introducing or adapting quantitative limits and introducing safeguard measures and a                     surveillance system. 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.                  

In order to ensure uniform conditions for the implementation of Regulation (EEC) No 3030/93, implementing powers should be                     conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.                  

The advisory procedure should be used for the initiation and conduct of the consultations.

Accordingly, Regulation (EEC) No 3030/93 is amended as follows:

any reference to "Article 17" shall be understood as a reference to "Article 17(2)".

Article 2(6) is replaced by the following:

"6.The Commission shall be empowered to adopt delegated acts in accordance with Article 16a in order to adapt the definition                                    of quantitative limits laid down in Annex V and the categories of products to which they apply, where this proves necessary                                    to ensure that any subsequent amendment to the Combined Nomenclature (CN) or any decision amending the classification of such                                    products does not result in a reduction of such quantitative limits.".                           

Article 6(2) is replaced by the following:

"2.The Commission shall be empowered to adopt delegated acts in accordance with Article 16a to amend the annexes by adjusting                                    the quantitative limits therein so as to remedy the situation referred to in paragraph 1 of this Article, due respect being                                    given to the terms and conditions contained in the relevant bilateral agreements.                           

Where a delay in the imposition of measures would cause damage due to the import into the Union of textiles products at abnormally                                 low prices which would be difficult to repair, and therefore imperative grounds of urgency so require, the procedure provided                                 for in Article 16b shall apply to delegated acts adopted pursuant to the first subparagraph.".                           

Article 8 is amended as follows:

the first paragraph is replaced by the following:

"The Commission shall be empowered to adopt delegated acts in accordance with Article 16a to amend the annexes to grant additional                                          opportunities for imports during a given quota year, where, under particular circumstances, imports over and above those referred                                          to in Annex V are required in respect of one or more categories of products.                                    

In an emergency, where a delay in granting additional opportunities for imports during a given quota year would cause damage                                          because of an insufficient volume of imports which would be difficult to repair, and therefore imperative grounds of urgency                                          so require, the procedure provided for in Article 16b shall apply to delegated acts adopted pursuant to the first paragraph.                                          The Commission shall take a decision within 15 working days of a request from a Member State.";                                    

the penultimate paragraph is deleted.

Article 10 is amended as follows:

in paragraph 7, point (b) is deleted;

paragraph 13 is replaced by the following:

"13.The Commission shall be empowered to adopt delegated acts to impose quantitative limits by amending the annexes in accordance                                             with Article 16a concerning the measures provided for in paragraphs 3 and 9 of this Article.                                    

In urgent cases, either on the Commission's own initiative or within 10 working days of a request from a Member State setting                                          out the reasons for the urgency, and where a delay in the imposition of measures would cause damage which would be difficult                                          to repair, and therefore imperative grounds of urgency so require, the procedure provided for in Article 16b shall apply to                                          delegated acts adopted pursuant to the first subparagraph.".                                    

In Article 13(3), the second subparagraph is replaced by the following:

"The Commission shall decide to amend Annex III to introduce an a priori or an a posteriori surveillance system. The Commission                                 shall be empowered to adopt delegated acts in accordance with Article 16a concerning the imposition of the a priori surveillance                                 system.".                           

In Article 15, paragraphs 3, 4 and 5 are replaced by the following:

"3.If the Union and the supplier country fail to arrive at a satisfactory solution within the period stipulated in Article 16,                                    and if the Commission notes that there is clear evidence of circumvention, the Commission shall be empowered to adopt delegated                                    acts in accordance with the procedure laid down in Article 16a to amend Annex V, to deduct from the quantitative limits an                                    equivalent volume of products originating in the supplier country concerned.                           

Where the Commission notes that there is clear evidence of circumvention, and a delay in the imposition of measures addressing                                 the circumvention would cause damage that would be difficult to repair, and therefore imperative grounds of urgency so require,                                 the procedure provided for in Article 16b shall apply to delegated acts adopted pursuant to the first subparagraph.                           

4.In accordance with the provisions of the protocols and certain bilateral agreements concluded with third countries, where                                    sufficient evidence shows that a false declaration concerning fibre content, quantities, description or classification of                                    products originating in the countries concerned has occurred, the Union authorities may refuse to import the products in question.                                    Furthermore, should it appear that the territory of any of these countries is involved in transhipment or re-routing of products                                    not originating in that country, the Commission shall be empowered to adopt delegated acts in accordance with Article 16a                                    to introduce quantitative limits against the same products originating in that same country, if they are not already subject                                    to quantitative limits, or to counteract the situation referred to in this paragraph by amending Annex V.                           

Where the Commission notes that there is clear evidence of circumvention, and a delay in the imposition of measures addressing                                 the circumvention would cause damage that would be difficult to repair, and therefore imperative grounds of urgency so require,                                 the procedure provided for in Article 16b shall apply to delegated acts adopted pursuant to the first subparagraph.                           

5.In addition, where there is evidence of the involvement of the territories of third countries which are Members of the WTO                                    but which are not listed in Annex V, the Commission shall request consultations with the third country or countries concerned                                    in accordance with the procedure described in Article 16 in order to take appropriate action to address the problem. The Commission                                    shall be empowered to adopt delegated acts in accordance with Article 16a to introduce quantitative limits against the third                                    country or countries concerned or to counteract the situation referred to in this paragraph by amending Annex V.                           

Where a delay in the imposition of measures addressing the circumvention would cause damage that would be difficult to repair,                                 and therefore imperative grounds of urgency so require, the procedure provided for in Article 16b shall apply to delegated                                 acts adopted pursuant to the first subparagraph.".                           

In Article 16(1), the introductory wording is replaced by the following:

"1.The Commission, after having provided the information to the Member States, shall conduct the consultations referred to in                                    this Regulation in accordance with the following rules:".                           

The following articles are inserted:

#### "Article 16aExercise 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 power to adopt delegated acts referred to in Article 2(6), Article 6(2), Article 8, Article 10(13), Article 13(3), Article                                    15(3), (4) and (5) and Article 19 of this Regulation and in Article 4(3) of Annex IV and Article 2 and Article 3(1) and (3)                                    of Annex VII to this Regulation shall be conferred on the Commission for a period of five years from 20 February 2014. The                                    Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-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 2(6), Article 6(2), Article 8, Article 10(13), Article 13(3), Article 15(3),                                    (4) and (5) and Article 19 of this Regulation and in Article 4(3) of Annex IV and Article 2 and Article 3(1) and (3) of Annex                                    VII to this Regulation may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall                                    put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication                                    of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to Article 2(6), Article 8, Article 10(13), Article 13(3), Article 15(3), (4) and (5) and                                    Article 19 of this Regulation and Article 4(3) of Annex IV to this Regulation shall enter into force only if no objection                                    has been expressed either by the European Parliament or the Council within a period of 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.                           

6.A delegated act adopted pursuant to Article 6(2) of this Regulation and Article 2 and Article 3(1) and (3) of Annex VII to                                    this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council                                    within a period of 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 four months at the initiative of the European Parliament or of the Council.                           

#### Article 16bUrgency 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 16a(5) or (6). 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 by the Council.".                           

In Article 17, the heading and paragraphs 1 and 2 are replaced by the following:

#### "Article 17Committee procedure

1.The Commission shall be assisted by the Textile Committee established by Article 25 of Council Regulation (EC) No 517/94(11). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of                                    the Council(12).                           

1a.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.                           

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                           

Article 17a is replaced by the following:

### "Article 17a

The Textile Committee may consider any matter relating to the application of this Regulation, raised by the Commission or                                 at the request of a Member State.".                           

Article 19 is replaced by the following:

### "Article 19

The Commission shall be empowered to adopt delegated acts in accordance with Article 16a to amend the relevant Annexes to                                 this Regulation where necessary to take into account the conclusion, amendment or expiry of agreements, protocols or arrangements                                 with third countries or amendments made to Union rules on statistics, customs arrangements or common rules for imports.".                           

The following article is inserted:

#### "Article 19aReport

The Commission shall include information on the implementation of this Regulation in its annual report on the application                                 and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a                                 of Council Regulation (EC) No 1225/2009(13).                           

In Article 4 of Annex IV, paragraph 3 is replaced by the following:

"3.Where it is established that the provisions of this Regulation have been contravened, and after having obtained the agreement                                    of the supplier country or countries concerned, the Commission shall be empowered to adopt delegated acts in accordance with                                    Article 16a of this Regulation concerning the amendment of the relevant Annexes to this Regulation, as necessary to prevent                                    recurrence of such contravention.                           

Where a delay in the imposition of measures against actions contravening this Regulation would cause damage which would be                                 difficult to repair and therefore imperative grounds of urgency so require, the procedure provided for in Article 16b of this                                 Regulation shall apply to delegated acts adopted pursuant to the first subparagraph.".                           

In Annex VII, Article 2 is replaced by the following:

### "Article 2

The Commission shall be empowered to adopt delegated acts in accordance with Article 16a of this Regulation to subject re-imports                                 not covered by this Annex to specific quantitative limits, provided that the products concerned are subject to the quantitative                                 limits laid down in Article 2 of this Regulation.                           

Where a delay in the imposition of measures against re-imports of outward processing trade would cause damage which would                                 be difficult to repair and therefore imperative grounds of urgency so require, the procedure provided for in Article 16b of                                 this Regulation shall apply to delegated acts adopted pursuant to the first subparagraph.".                           

In Annex VII, Article 3 is amended as follows:

paragraph 1 is replaced by the following:

"1.The Commission shall be empowered to adopt delegated acts in accordance with Article 16a of this Regulation to effect transfers                                             between categories and advance use or carry-over of portions of specific quantitative limits from one year to another.                                    

Where a delay in the imposition of measures would cause damage by impeding outward processing trade given the legal requirement                                          to operate such transfers from one year to the next, and such damage would be difficult to repair, and therefore imperative                                          grounds of urgency so require, the procedure provided for in Article 16b of this Regulation shall apply to delegated acts                                          adopted pursuant to the first subparagraph.";                                    

paragraph 3 is replaced by the following:

"3.The Commission shall be empowered to adopt delegated acts in accordance with Article 16a of this Regulation to adjust the                                             specific quantitative limits where there is a need for additional imports.                                    

Where a delay in the adjustment of the specific quantitative limits, where there is a need for additional imports, would cause                                          damage by impeding access to such required additional imports which would be difficult to repair, and therefore imperative                                          grounds of urgency so require, the procedure provided for in Article 16b of this Regulation shall apply to delegated acts                                          adopted pursuant to the first subparagraph.".                                    

### 2.**Regulation (EC) No 517/94**U.K.

As regards Regulation (EC) No 517/94, in order to ensure the appropriate functioning of the system for the management of imports                     of certain textile products not covered by bilateral agreements, protocols or other arrangements, or by other specific Union                     import rules, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union                     should be delegated to the Commission in respect of amending the Annexes to that Regulation, altering the import rules and                     applying safeguard measures and surveillance measures in accordance with that Regulation. It is of particular importance that                     the Commission carry out appropriate consultations during its preparatory work, including at expert level.                  

The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission                     of relevant documents to the European Parliament and to the Council.                  

In order to ensure uniform conditions for the implementation of Regulation (EC) No 517/94, implementing powers should be conferred                     on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.                  

The advisory procedure should be used for the adoption of surveillance measures given the effects of those measures and their                     sequential logic in relation to the adoption of definitive safeguard measures.                  

Accordingly, Regulation (EC) No 517/94 is amended as follows:

Article 3(3) is replaced by the following:

"3.Any textile product referred to in Annex V to this Regulation and originating in the countries indicated therein may be imported                                    into the Union provided an annual quantitative limit is established by the Commission. Any such quantitative limit shall be                                    based on previous trade flows, or where not available, duly justified estimations of such trade flows. The Commission shall                                    be empowered to adopt delegated acts to amend the relevant Annexes to this Regulation in accordance with Article 25a concerning                                    the establishment of such annual quantitative limits.".                           

Article 5 is replaced by the following:

### "Article 5

1.The Committee referred to in Article 25 may consider any matter relating to the application of this Regulation, raised by                                    the Commission or at the request of a Member State.                           

2.The Commission shall be empowered to adopt delegated acts in accordance with Article 25a concerning the measures required                                    to adapt Annexes III to VII to this Regulation where problems are detected in their effective functioning.".                           

Article 7 is amended as follows:

paragraph 1 is replaced by the following:

"1.Where it is apparent to the Commission that there is sufficient evidence to justify an investigation, with regard to the conditions                                             of imports of products mentioned in Article 1, the Commission shall initiate an investigation. The Commission shall provide                                             information to the Member States once it has determined the need to initiate such an investigation.";                                    

in paragraph 2, the first subparagraph is replaced by the following:

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

Article 8(2) is replaced by the following:

"2.If the Commission considers that no Union surveillance or safeguard measures are necessary, it shall, acting in accordance                                    with the examination procedure provided for in Article 25(2), decide to close the investigations, stating the main conclusions                                    of the investigations.".                           

Article 11 is amended as follows:

in paragraph 1, points (a) and (b) are replaced by the following:
                      -  decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred                                                to in Article 25(1a);                                           
                      -  decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance,                                                in accordance with the advisory procedure referred to in Article 25(1a).";                                           

in paragraph 2, points (a) and (b) are replaced by the following:
                      -  decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred                                                to in Article 25(1a);                                           
                      -  decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance                                                in accordance with the advisory procedure referred to in Article 25(1a).".                                           

Article 12(3) is replaced by the following:

"3.The Commission shall be empowered to adopt delegated acts in accordance with Article 25a concerning measures referred to in                                    paragraphs 1 and 2 of this Article in order to alter the import rules for the product in question, including by amending the                                    Annexes to this Regulation.".                           

Article 13 is replaced by the following:

### "Article 13

In cases of emergency where the absence of measures would cause irreparable damage to the Union industry, and where the Commission                                 finds, upon its own initiative or on the request of a Member State, that the conditions set out in Article 12(1) and (2) are                                 fulfilled, and considers that a given category of products listed in Annex I to this Regulation and not subject to any quantitative                                 restriction should be subject to quantitative limits or prior or retrospective surveillance measures, and therefore imperative                                 grounds of urgency so require, the procedure provided for in Article 25b shall apply to delegated acts referred to in Article                                 12(1) and (2) in order to alter the import rules for the product in question, including by amending the Annexes to this Regulation.".                           

In Article 15, the introductory wording is replaced by the following:

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

In Article 16, the third paragraph is replaced by the following:

"These measures shall be adopted in accordance with the appropriate procedure applicable to measures to be adopted pursuant                                 to Articles 10, 11 and 12.".                           

In Article 25, paragraphs 1, 2, 3 and 4 are replaced by the following:

### "Article 25

1.The Commission shall be assisted by the Textile Committee. That committee shall be a committee within the meaning of Regulation                                    (EU) No 182/2011 of the European Parliament and of the Council(14).                           

1a.Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.                           

2.Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.                           

The following articles are inserted:

### "Article 25a

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

2.The power to adopt delegated acts referred to in Article 3(3), Article 5(2), Article 12(3) and Articles 13 and 28 shall be                                    conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect                                    of the delegation of power not later than nine months before the end of the five-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 3(3), Article 5(2), Article 12(3) and Articles 13 and 28 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 power specified                                    in that decision. It shall take effect the day following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to Article 5(2) and Articles 13 and 28 shall enter into force only if no objection has been                                    expressed either by the European Parliament or the Council within a period of 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.                           

6.A delegated act adopted pursuant to Article 3(3) and Article 12(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 four months at the initiative of the European Parliament                                    or of the Council.                           

### Article 25b

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 25a(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 by the Council.".                           

The following article is inserted:

### "Article 26a

The Commission shall include information on the implementation of this Regulation in its annual report on the application                                 and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a                                 of Council Regulation (EC) No 1225/2009(15).                           

Article 28 is replaced by the following:

### "Article 28

The Commission shall be empowered to adopt delegated acts in accordance with Article 25a to amend the relevant Annexes where                                 necessary to take into account the conclusion, amendment or expiry of agreements or arrangements with third countries or amendments                                 made to Union rules on statistics, customs arrangements or common rules for imports.".                           

### 3.**Regulation (EC) No 953/2003**U.K.

As regards Regulation (EC) No 953/2003, in order to add products to the list of products covered by that 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 order to amend the Annexes to that Regulation. It is of particular importance that the Commission carry                     out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing                     up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European                     Parliament and to the Council.                  

Accordingly, Regulation (EC) No 953/2003 is amended as follows:

Article 4 is amended as follows:

paragraph 3 is deleted;

paragraph 4 is replaced by the following:

"4.Where the Commission determines that a product fulfils the requirements set out in this Regulation, the Commission shall be                                             empowered to adopt delegated acts in accordance with Article 5(5) to add the product concerned to Annex I to this Regulation                                             at the next following update. The Commission shall inform the applicant of its decision within 15 days of its adoption thereof.                                    

Where a delay in the addition of a product to Annex I would cause a delay in responding to an urgent need of access to affordable                                          essential medicines in a developing country, and therefore imperative grounds of urgency so require, the procedure provided                                          for in Article 5a shall apply to delegated acts adopted pursuant to the first subparagraph.";                                    

paragraph 9 is replaced by the following:

"9.The Commission shall be empowered to adopt delegated acts in accordance with Article 5(6) to adjust Annexes II, III and IV                                             where necessary in order to revise the list of diseases, the countries of destination covered by this Regulation as well as                                             the formulae used to identify tiered priced products, in the light of the experience gained from its application or to respond                                             to a health crisis.".                                    

Article 5 is replaced by the following:

### "Article 5

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

2.The power to adopt delegated acts referred to in Article 4 shall be conferred on the Commission for a period of five years                                    from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months                                    before the end of the five-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 4 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 power specified in that decision. It shall take effect the day                                    following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to Article 4(4) 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.                           

6.A delegated act adopted pursuant to Article 4(9) 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 four months at the initiative of the European Parliament or of                                    the Council.".                           

The following article is inserted:

### "Article 5a

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 5(5) and (6). 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 by the Council.".                           

Article 11 is amended as follows:

paragraph 2 is replaced by the following:

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

the following paragraphs are added:

"3.The European Parliament may, within one month of submission of the Commission's 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.                                    

4.No later than six months from the date of submission of the report to the European Parliament and to the Council, the Commission                                             shall make the report public.".                                    

### 4.**Regulation (EC) No 673/2005**U.K.

As regards Regulation (EC) No 673/2005, in order to make the necessary adjustments to the measures provided for in that Regulation,                     the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated                     to the Commission in respect of amending the rate of the additional duty or the lists in Annexes I and II to Regulation (EC)                     No 673/2005 under the conditions laid down in that Regulation. It is of particular importance that the Commission carry out                     appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing                     up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European                     Parliament and to the Council.                  

Accordingly, Regulation (EC) No 673/2005 is amended as follows:

Article 3(3) is replaced by the following:

"3.The Commission shall be empowered to adopt delegated acts in accordance with Article 4 to make adjustments and amendments                                    under this Article.                           

Where information on the amount of disbursements made by the United States is made available late in the year, in such a way                                 that it is not possible to meet WTO and statutory deadlines by using the procedure provided for in Article 4, and where, in                                 the case of adjustments and amendments to the Annexes, imperative grounds of urgency so require, the procedure provided for                                 in Article 4a shall apply to delegated acts adopted pursuant to the first subparagraph.".                           

Article 4 is replaced by the following:

### "Article 4

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

2.The power to adopt delegated acts referred to in Article 3(3) shall be conferred on the Commission for a period of five years                                    from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months                                    before the end of the five-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 3(3) 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 power specified in that decision. It shall take effect the day                                    following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to Article 3(3) shall enter into force only if no objection has been expressed either by                                    the European Parliament or the Council within a period of 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.".                           

The following article is inserted:

### "Article 4a

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 4(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 by the Council.".                           

### 5.**Regulation (EC) No 1528/2007**U.K.

As regards Regulation (EC) No 1528/2007, in order to make technical adaptations to the arrangements for products originating                     in certain states part of the African, Caribbean and Pacific (ACP) Group of States, the power to adopt acts in accordance                     with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of                     amending Annex I to that Regulation in order to add or to remove regions or states, and in respect of introducing technical                     amendments to Annex II to that Regulation that are necessary as a result of the application of that Annex. It is of particular                     importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.                     The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission                     of relevant documents to the European Parliament and to the Council.                  

Accordingly, Regulation (EC) No 1528/2007 is amended as follows:

Article 2 is amended as follows:

paragraph 2 is replaced by the following:

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

in paragraph 3, the introductory wording is replaced by the following:

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

Article 4 is amended as follows:

paragraph 3 is replaced by the following:

"3.The Commission shall be assisted by the Customs Code Committee established by Article 184 of Regulation (EC) No 450/2008 of                                             the European Parliament and of the Council(16).                                    

the following paragraphs are added:

"4.The Commission shall be empowered to adopt delegated acts in accordance with Article 24a of this Regulation concerning technical                                             amendments to Annex II where required to take account of amendments to other Union customs legislation.                                    

5.Decisions on the management of Annex II to this Regulation may be adopted in accordance with the procedure referred to in                                             Articles 183 and 184 of Regulation (EC) No 450/2008.".                                    

Article 23 is replaced by the following:

#### "Article 23Adaptation to technical developments

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

The following article is inserted:

#### "Article 24aExercise 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 power to adopt delegated acts referred to in Article 2(2) and (3), Article 4(4) and Article 23 shall be conferred on the                                    Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation                                    of power not later than nine months before the end of the five-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 2(2) and (3), Article 4(4) and Article 23 may be revoked at any time by the                                    European Parliament or by the Council. A decision to revoke shall put an end to the delegation of 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 at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to Article 4(4) and Article 23 shall enter into force only if no objection has been expressed                                    either by the European Parliament or the Council within a period of 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.                           

6.A delegated act adopted pursuant to Article 2(2) and (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 four months at the initiative of the European Parliament or of                                    the Council.".                           

### 6.**Regulation (EC) No 55/2008**U.K.

As regards Regulation (EC) No 55/2008, in order to permit the adjustment of that Regulation, the power to adopt acts in accordance                     with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of                     amendments required in light of changes in customs codes, or for the conclusion of agreements with Moldova. It is of particular                     importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.                     The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission                     of relevant documents to the European Parliament and to the Council.                  

Accordingly, Regulation (EC) No 55/2008 is amended as follows:

Article 7 is replaced by the following:

#### "Article 7Conferral of power

The Commission shall be empowered to adopt delegated acts in accordance with Article 8a in order to make the necessary amendments                                 and adjustments to the provisions of this Regulation as a result of:                           

amendments to the Combined Nomenclature codes and to the TARIC subdivisions;                                    

the conclusion of other agreements between the Union and Moldova, to the extent that the amendments and adjustments concern                                          the Annexes to this Regulation.".                                    

The following article is inserted:

#### "Article 8aExercise 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 power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years                                    from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months                                    before the end of the five-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 to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the                                    day following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to 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 of                                    the Council.".                           

The following article is inserted:

#### "Article 12aReport

The Commission shall include information on the implementation of this Regulation in its annual report on the application                                 and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a                                 of Council Regulation (EC) No 1225/2009(17).                           

### 7.**Regulation (EC) No 1340/2008**U.K.

As regards Regulation (EC) No 1340/2008, in order to permit the effective administration of certain restrictions, the power                     to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to                     the Commission in respect of amendments to Annex V to that Regulation. It is of particular importance that the Commission                     carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing                     and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to                     the European Parliament and to the Council.                  

Accordingly, Regulation (EC) No 1340/2008 is amended as follows:

Article 5(3) is replaced by the following:

"3.Should the Union and the Republic of Kazakhstan fail to arrive at a satisfactory solution and should the Commission note that                                    there is clear evidence of circumvention, the Commission shall be empowered to adopt delegated acts in accordance with Article                                    16a in order to deduct from the quantitative limits an equivalent volume of products originating in the Republic of Kazakhstan                                    and to amend Annex V to this Regulation accordingly.                           

Where a delay in action to address clear evidence of circumvention in a sufficiently expedient way would cause damage which                                 would be difficult to repair, and therefore imperative grounds of urgency so require, the procedure provided for in Article                                 16b shall apply to delegated acts adopted pursuant to the first subparagraph.".                           

The following articles are inserted:

### "Article 16a

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

2.The power to adopt delegated acts referred to in Article 5(3) shall be conferred on the Commission for a period of five years                                    from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months                                    before the end of the five-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 5(3) may be revoked at any time by the European Parliament or by the Council.                                    A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the                                    day following the publication of the decision in the *Official Journal of the European Union* or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.                           

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

5.A delegated act adopted pursuant to Articles 5(3) shall enter into force only if no objection has been expressed either by                                    the European Parliament or the Council within a period of 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.                           

### Article 16b

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 16a(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 by the Council.".                           

U.K.

# Joint statement by the European Parliament, the Council and the Commission on Regulation (EEC) No 3030/93 and Regulation (EC)                              No 517/94                           

It is noted that that the procedures provided for in Article 2(6), Article 6(2), Articles 8 and 10, Article 13(3), Article                           15(3), (4) and (5) and Article 19 of Regulation (EEC) No 3030/93, Article 4(3) of Annex IV to Regulation (EEC) No 3030/93,                           and Article 2, Article 3(1) and (3) of Annex VII to Regulation (EEC) No 3030/93, and Article 3(3), Article 5(2), Article 12(3)                           and Articles 13 and 28 of Regulation (EC) No 517/94, are converted into procedures for the adoption of delegated acts. It                           is noted that some of those Articles refer to decision-making procedures for the adoption of safeguard measures in the field                           of trade defence.                        

The European Parliament, the Council and the Commission consider that safeguard measures are to be treated as implementing                           measures. Exceptionally, in the specific existing Regulations referred to above, the measures take the form of delegated acts                           as the introduction of a safeguard measure takes the form of an amendment to the relevant annexes to the Basic Regulations.                           This derives from the particular structure which is specific to the existing Regulations referred to above and, as a consequence,                           will not be used as a precedent for the drafting of future trade defence instruments and other safeguard measures.                        

U.K.

# Commission statement on codification

The adoption of Regulation (EU) No 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain                           regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation                           (EU) No 38/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to                           the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures                           will entail a substantial number of amendments to the acts in question. In order to improve the legibility of the acts concerned,                           the Commission will propose a codification of the acts as expeditiously as possible once those two Regulations are adopted,                           and at the latest by 1 June 2014.                        

U.K.

# Commission statement on delegated acts

In the context of Regulation (EU) No 37/2014 of the European Parliament and of the Council of 15 January 2014 amending certain                           regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation                           (EU) No 38/2014 of the European Parliament and of the Council of 15 January 2014 amending certain regulations relating to                           the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures,                           the Commission recalls the commitment it has made in paragraph 15 of the Framework Agreement on relations between the European                           Parliament and the European Commission to provide to the Parliament full information and documentation on its meetings with                           national experts within the framework of its work on the preparation of delegated acts.                        

1

Position of the European Parliament of 22 November 2012 (not yet published in the Official Journal) and position of the Council                              at first reading of 15 November 2013 (not yet published in the Official Journal). Position of the European Parliament of 12                              December 2013 (not yet published in the Official Journal).                           

2

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred                              on the Commission (OJ L 184, 17.7.1999, p. 23).                           

3

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general                              principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).                           

4

Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third                              countries (OJ L 275, 8.11.1993, p. 1).                           

5

Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries                              not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (OJ L 67, 10.3.1994, p. 1).                           

6

Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion into the European Union of certain key medicines                              (OJ L 135, 3.6.2003, p. 5).                           

7

Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional customs duties on imports of certain products                              originating in the United States of America (OJ L 110, 30.4.2005, p. 1).                           

8

Council Regulation (EC) No 1528/2007 of 20 December 2007 applying the arrangements for products originating in certain states                              which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading                              to the establishment of, Economic Partnership Agreements (OJ L 348, 31.12.2007, p. 1).                           

9

Council Regulation (EC) No 55/2008 of 21 January 2008 introducing autonomous trade preferences for the Republic of Moldova                              and amending Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC (OJ L 20, 24.1.2008, p. 1).                           

10

Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in certain steel products between the European Community                              and the Republic of Kazakhstan (OJ L 348, 24.12.2008, p. 1).                           

11

Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for imports of textile products from certain third countries                              not covered by bilateral agreements, protocols or other arrangements, or by other specific Community import rules (OJ L 67, 10.3.1994, p. 1).                           

12

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general                              principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).".                           

13

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of                              the European Community (OJ L 343, 22.12.2009, p. 51).".                           

14

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general                              principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).".                           

15

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of                              the European Community (OJ L 343, 22.12.2009, p. 51).".                           

16

Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs                              Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).";                           

17

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of                              the European Community (OJ L 343, 22.12.2009, p. 51).".