# CE2012377EN.01025302.xml

| 7.12.2012 | EN | Official Journal of the European Union | CE 377/253 |
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7.12.2012

EN

Official Journal of the European Union

CE 377/253

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Wednesday 11 May 2011Exceptional trade measures for countries and territories participating in or linked to the EU's Stabilisation and Association process ***I

P7_TA(2011)0219

European Parliament amendments adopted on 11 May 2011 to 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 (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD)) (1)

1

2012/C 377 E/46

(Ordinary legislative procedure: first reading)

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 12 |
| Proposal for a regulation – amending act


  Recital 7 a (new) |
| | (7a) | In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed rules for implementing tariff quota for "baby beef" products, amendments and technical adjustments necessary following amendments to the Combined Nomenclature code and to the TARIC subdivisions, and necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 12

Amendment 12

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Recital 7 a (new)

Recital 7 a (new)

(7a)

(7a)

In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed rules for implementing tariff quota for "baby beef" products, amendments and technical adjustments necessary following amendments to the Combined Nomenclature code and to the TARIC subdivisions, and necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed rules for implementing tariff quota for "baby beef" products, amendments and technical adjustments necessary following amendments to the Combined Nomenclature code and to the TARIC subdivisions, and necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Amendment 13

Amendment 13

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Recital 7 b (new)

Recital 7 b (new)

| (7b) | In order to ensure uniform conditions for the implementation of this Regulation with regard to the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (2). The advisory procedure should be used for the adoption of implementing acts for the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation given the effects of those measures; and for the adoption of implementing acts for taking measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months. |
| --- | --- |

(7b)

(7b)

In order to ensure uniform conditions for the implementation of this Regulation with regard to the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (2). The advisory procedure should be used for the adoption of implementing acts for the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation given the effects of those measures; and for the adoption of implementing acts for taking measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months.

In order to ensure uniform conditions for the implementation of this Regulation with regard to the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (2

Amendment 14

Amendment 14

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 2 a (new)

Article 1 – point 2 a (new)

Regulation (EC) No 1215/2009

Article 2 – paragraph 2 – subparagraph 2

| (2a) | In Article 2(2), the second subparagraph is replaced by the following:



  "In the event of non-compliance in [...] respect of paragraphs 1 or 2, the Commission may suspend the benefits of this Regulation for countries and territories, in whole or in part, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)." |
| --- | --- |

(2a)

(2a)

In Article 2(2), the second subparagraph is replaced by the following:

In Article 2(2), the second subparagraph is replaced by the following:

"In the event of non-compliance in [...] respect of paragraphs 1 or 2, the Commission may suspend the benefits of this Regulation for countries and territories, in whole or in part, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)."

"In the event of non-compliance in [...] respect of paragraphs 1 or 2, the Commission may suspend the benefits of this Regulation for countries and territories, in whole or in part, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)

Amendment 15

Amendment 15

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 3

Article 1 – point 3

Regulation (EC) No 1215/2009

Article 3 – paragraph 2 – subparagraph 2

Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. This certificate shall be drawn up by the Commission in accordance with the procedure referred to in
  Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).

Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).

Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. This certificate shall be drawn up by the Commission
  by means of implementing acts. Those implementing acts shall be adopted
  in accordance with the
  advisory
  procedure referred to in
  Article 8(2).

by means of implementing acts. Those implementing acts shall be adopted

advisory

Article 8(2).

Amendment 16

Amendment 16

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 4 a (new)

Article 1 – point 4 a (new)

Regulation (EC) No 1215/2009

Article 3 – paragraph 4

| (4a) | In Article 3, paragraph 4 is replaced by the following:



  "4.   Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)." |
| --- | --- |

(4a)

(4a)

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

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

"4.   Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)."

"4.

Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union

adopt

by means of implementing acts

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3)

Amendment 17

Amendment 17

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 5

Article 1 – point 5

Regulation Regulation (EC) No 1215/2009

Article 4

| (5) | Article 4 is replaced by the following:



  "Article 4


  Implementation of tariff quota for ‧baby beef‧



  "The detailed rules for implementing the tariff quota for "baby beef" products shall be determined by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)." " |
| --- | --- |

(5)

(5)

Article 4 is replaced by the following:

Article 4 is replaced by the following:

"Article 4

"Article 4

Implementation of tariff quota for ‧baby beef‧

Implementation of tariff quota for ‧baby beef‧

"The detailed rules for implementing the tariff quota for "baby beef" products shall be determined by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)." "

"The detailed rules for implementing the tariff quota for "baby beef" products shall be determined by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)." "

deleted

deleted

Amendment 18

Amendment 18

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 5 a (new)

Article 1 – point 5 a (new)

Regulation Regulation (EC) No 1215/2009

Article 7

| (5a) | Article 7 is replaced by the following:



  "Article 7


  Conferral of powers

  The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:









  (a) | amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions; |
| --- | --- | --- |

(5a)

(5a)

Article 7 is replaced by the following:

Article 7 is replaced by the following:

"Article 7

"Article 7

Conferral of powers

Conferral

The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:

The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning:

(a)

(a)

amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions;

amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions;

| (b) | necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in Article 1; |
| --- | --- |

(b)

(b)

necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in Article 1;

necessary adjustments following the conclusion of the

Union

;

| (c) | detailed rules for implementing the tariff quota for "baby beef" products. |
| --- | --- |

(c)

(c)

detailed rules for implementing the tariff quota for "baby beef" products.

detailed rules for implementing the tariff quota for "baby beef" products

Where imperative grounds of urgency so require, the procedure provided for in Article 7b shall apply to delegated acts adopted pursuant to this Article."

Where imperative grounds of urgency so require, the procedure provided for in Article 7b shall apply to delegated acts adopted pursuant to this Article."

Amendment 19

Amendment 19

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 5 b (new)

Article 1 – point 5 b (new)

Regulation Regulation (EC) No 1215/2009

Article 7 a (new)

| (5b) | The following article is inserted:



  "Article 7a


  Exercise of the delegation



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




  2.
     
  The delegation of power referred to in Article 7 shall be conferred on the Commission until 31 December 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period.




  3.
     
  The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the £Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.




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




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

(5b)

(5b)

The following article is inserted:

The following article is inserted:

"Article 7a

"Article 7a

Exercise of the delegation

Exercise of the delegation

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

1.

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

2.
     
  The delegation of power referred to in Article 7 shall be conferred on the Commission until 31 December 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period.

2.

The delegation of power referred to in Article 7 shall be conferred on the Commission until 31 December 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period.

3.
     
  The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the £Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3.

The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the £Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

4.

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

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

5.

A delegated act adopted pursuant to Article

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

Amendment 20

Amendment 20

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 5 c (new)

Article 1 – point 5 c (new)

Regulation Regulation (EC) No 1215/2009

Article 7 b (new)

| (5c) | The following article is inserted:



  "Article 7b


  Urgency procedure



  1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.




  2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 7a. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council." |
| --- | --- |

(5c)

(5c)

The following article is inserted:

The following article is inserted:

"Article 7b

"Article 7b

Urgency procedure

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

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 7a. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council."

2.

Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 7a. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council."

Amendment 21

Amendment 21

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 5 d (new)

Article 1 – point 5 d (new)

Regulation Regulation (EC) No 1215/2009

Article 8

| (5d) | Article 8 is replaced by the following:



  ‘Article 8

  Committee procedure


  1.   The Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.



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



  3.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’ |
| --- | --- |

(5d)

(5d)

Article 8 is replaced by the following:

Article 8 is replaced by the following:

‘Article 8

‘Article 8

Committee procedure

procedure

1.   The Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

1.

The Commission shall be assisted by the Western Balkans Implementation Committee

That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011.

2.   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 4 of Regulation (EU) No 182/2011

3.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’

3.

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

Amendment 22

Amendment 22

Proposal for a regulation – amending act

Proposal for a regulation – amending act

Article 1 – point 5 e (new)

Article 1 – point 5 e (new)

Regulation Regulation (EC) No 1215/2009

Article 10 – paragraph 1

| (5e) | Article 10(1) is amended as follows:










  (a) | point (a) is replaced by the following:









  "(a) | informed the Western Balkans Implementation Committee;" |
| --- | --- | --- | --- |

(5e)

(5e)

Article 10(1) is amended as follows:

Article 10(1) is amended as follows:

(a)

(a)

point (a) is replaced by the following:

point (a) is replaced by the following:

"(a)

"(a)

informed the Western Balkans Implementation Committee;"

informed the Western Balkans Implementation

| (b) | the following subparagraph is added:




  "The measures referred to in the first subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2)." |
| --- | --- |

(b)

(b)

the following subparagraph is added:

the following subparagraph is added:

"The measures referred to in the first subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2)."

"The measures referred to in the first subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2)."

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(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0243/2010).

1

(2)  

  OJ L 55, 28.2.2011, p. 13.

2

OJ L 55, 28.2.2011, p. 13.

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