EUROPEAN COMMISSION 
Brussels, 15.6.2011 
COM(2011) 349 final 
2011/0153 (COD)   
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending certain regulations relating to the common commercial policy as regards the 
granting of delegated powers for the adoption of certain measures  
 
 
EN 2   EN EXPLANATORY MEMORANDUM  
1. I NTRODUCTION  
The entry into force of the Treaty of Lisbon has led to significant changes both in the 
framework for the adoption of delegated and implementing acts and for the conduct of trade 
policy. 
As regards the adoption of delegated and impl ementing acts the Treaty on the Functioning of 
the European Union (hereinafter "the Treat y") clearly distinguis hes between the two. 
– The provisions of the Treaty on delegated acts,  which are set out in Article 290 of the 
Treaty on the Functioning of the European Unio n, provide for the legislator to control the 
exercise of the Commission's powers by means of  a right of revocation and/or a right of 
objection.  
– The provisions of the Treaty on implementing act s, which are set out in Article 291, do not 
provide any role for the European Parliament  and the Council to control the Commission's 
exercise of implementing powers. Such cont rol can only be exercised by the Member 
States. A legal framework establishing the m echanisms of such control is set out in 
Regulation (EU) No 182/2011 of the European  Parliament and the Council laying down 
the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers.
1 
As regards trade policy, the Treaty of Lisbon pr ovides that the ordinary  legislative procedure 
applies, meaning that for the first time the European Parliament is fully associated in the conduct of trade policy.  
In relation to the adoption of Regulati on (EU) No 182/2011 the Commission made the 
following statement: 
"The Commission will proceed to an examin ation of all legislative acts in force 
which were not adapted to the regulatory procedure with scrutiny before the entry 
into force of the Lisbon Treaty, in order to  assess if those instruments need to be 
adapted to the regime of delegated acts in troduced by Article 290 of the Treaty on 
the Functioning of the European Union. The Commission will make the appropriate proposals as soon as possible and no later than at the dates mentioned in the 
indicative calendar annexed to this declaration."
2 
The present proposal results from  the Commission's examination of  the legislative acts in the 
field of trade policy. Legislation in  the field of trade policy has not  been adapted in the past to 
the regulatory proce dure with scrutiny.  
This proposal accompanies a first proposal th e Commission has made on trade policy. That 
proposal (COM(2011)82 final of 7 March 2011  - referred to as "Trade Omnibus I"3) amends 
certain regulations rela ting to the common commercial policy as regards procedures where the 
                                                 
1 OJ L 55, 28.2.2011 p. 13. 
2 OJ L 55, 28.2.2011 p. 19. 
3 OJ L xxx, xx.xx.xxxx, p. 4. 
 
EN 3   EN Council was involved in decision-making wh ich were not based on Council Decision 
1999/468/EC of 28 June 1999 laying down the proce dures for the exercise of implementing 
powers conferred on the Commission.4 It proposes that such proc edures be converted into 
either delegated acts pursuant to Article 290 of the Treaty or  implementing acts pursuant to 
Article 291. 
The current proposal examines all remaini ng decision-making procedures found in trade 
policy legislation in order to adapt them, where appropriate, to the regime for delegated acts 
set down in Article 290. In pr inciple these are decision-maki ng procedures based on Council 
Decision 1999/468/EC. At the ti me of making the statement related to the adoption of 
Regulation 182/2011 the Commission provided a list of  acts in annex. As regards trade policy, 
the Commission listed the following acts5: 
– Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules 
for imports of certain textile products from third countries 
– 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 arrange ments, or by other specific Community 
import rules 
– Council Regulation (EC) No 2248/ 2001 of 19 November 2001 on certain 
procedures for applying the Stabilisa tion and Association Agreement between 
the European Communities and their Memb er States, of the one part, and the 
Republic of Croatia, of the other part and for applying the Interim Agreement 
between the European Community and th e Republic of Croatia, as amended 
– Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion 
into the European Union of certain key medicines 
– Council Regulation (EC) No 673/2005 of  25 April 2005establishing additional 
customs duties on imports of certain produc ts originating in the United States 
of America 
– Council Regulation (EC) No 1616/ 2006 of 23 October 2006 on certain 
procedures for applying the Stabilisa tion and Association Agreement between 
the European Communities and their Memb er States, of the one part, and the 
Republic of Albania, of the other part , and for applying the Interim Agreement 
between the European Community and the Republic of Albania 
– 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 
                                                
 
4 OJ L 184, 17.7.1999, p. 23. 
5 These acts are numbered 73 to 86 in  the list of acts referred to in the Commission's statement. Available 
at http://www.europarl.europa.eu/sides/getDoc .do?pubRef=-//EP// TEXT+TA+P7-TA-2010-
0488+0+DOC+XML+V0//E N&language=EN#BKMD-5 .  
 
EN 4   EN – 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 
– Council Regulation (EC) No 140/2008 of 19 November 2007 on certain 
procedures for applying the Stabilisa tion and Association Agreement between 
the European Communities and their Memb er States, of the one part, and the 
Republic of Montenegro, of the other part, and for applying the Interim 
Agreement between the European Co mmunity, of the one part, and the 
Republic of Montenegro, of the other part 
– Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures 
for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia 
and Herzegovina, of the ot her part, and for applying the Interim Agreement on 
trade and trade-related matters between  the European Community, of the one 
part, and Bosnia and Herzegovina, of the other part 
– Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of 
generalised tariff preferen ces for the period from 1 January 2009 to 31 
December 2011 and amending Regulati ons (EC) No 552/97, (EC) No 
1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 
964/2007 
– Council Regulation (EC) No 1215/ 2009 of 30 November 2009 introducing 
exceptional trade measures for countries and territories participating in or 
linked to the European Union's Stab ilisation and Association process 
– Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering 
certain restrictions on imports of cer tain steel products from the Russian 
Federation  
– Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in 
certain steel products between the Eur opean Community and the Republic of 
Kazakhstan
6 
The Commission has examined all of these regula tions. Where appropriate, it proposes that 
certain procedures be converted into delega ted acts. The next section explains for each 
regulation the approach proposed by the Commission. 
2. A NALYSIS OF EXISTING PROCEDURES  
– Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for 
imports of certain textile pr oducts from third countries 
The Commission carefully examined the proce dures provided for in this regulation. It 
considers that the procedures provided for in Articles 2(6), 6( 2), 8, 10, 10a(3),  13(3), 15(3), 
                                                 
6 The regulations are listed here as they appeared in  the list annexed to the Commission statement. In the 
rest of this proposal they are listed in chronological order by date of adoption. 
 
EN 5   EN 15(5), 19, 4(3) of Annex IV and 2, 3(1), 3(3)  of Annex VII should be converted into 
procedures for the adoption of de legated acts. It note s that some of these articles refer to 
decision-making procedures fo r the adoption of safeguard  measures. The Commission 
considers that such measures should normally be  regarded as implementing measures, except, 
as in this case, where they may lead to amendm ents to the relevant annexes of the regulation 
and therefore exceptionally fall to be  considered as delegated acts. 
The Commission examined all other decision- making procedures provided for in this 
Regulation, and concludes that these procedures should be retained as implementing acts. The 
list of articles containing such  procedures is as follows: Arti cles 2(8), 12, 15(1) and Articles 
10, 14 and 21 of Annex III. 
– 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 
The Commission carefully examined the proce dures provided for in this regulation. It 
considers that the procedures provided for in Articles 3(3) , 5(2), 12(3), 13, 16 and 28 should 
be converted into procedures for the adoption of  delegated acts. It notes that some of these 
articles refer to decision-making procedures  for the adoption of safeguard measures. The 
Commission considers that such measures should normally be regarded as implementing measures, except, as in this case, where they ma y lead to amendments to the relevant annexes 
of the regulation and therefore exceptionally fa ll to be considered as delegated acts.  
The Commission examined all other decision- making procedures provided for in this 
Regulation, and concludes that these procedures should be retained as implementing acts. The 
list of articles containing such procedures is as follows: Articl es 6(2), 6(3), 7( 1), 8(2), 11, 15, 
17(3), 17(6), 20, 21(2), 21(3 ), 21(4), 21(5) and 23. 
– Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain 
procedures for applying the Stabilisat ion and Association Agreement between 
the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part and for applying the Interim Agreement 
between the European Community and the Republic of Croatia, as amended 
The Commission carefully examined the procedur es provided for in Articles 2, 4, 7 and 7f of 
the Regulation. It came to the conclusion that n one of these procedures leads to acts which 
supplement or amend the basic act and which ther efore require to be converted into delegated 
acts. 
– Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion 
into the European Union of certain key medicines 
This regulation provides that the annex to the re gulation may be amended to add tiered priced 
products to the list in the annex. This should be  converted into a system of delegated acts. 
– 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 
 
EN 6   EN This regulation provides that the annex to  the regulation may be amended to make 
adjustments to the customs duties applied and the products to which the duties apply. This 
should be converted into a system of delegated acts. 
– Council Regulation (EC) No 1 616/2006 of 23 October 2006 on certain 
procedures for applying the Stabilisat ion and Association Agreement between 
the European Communities and their Member States, of the one part, and the 
Republic of Albania, of the other part, and for applying the Interim Agreement between the European Community and the Republic of Albania 
The Commission carefully examined the procedur es provided for in Articles 2, 4, and 11 of 
the Regulation. It came to the conclusion that n one of these procedures leads to acts which 
supplement or amend the basic act and which ther efore require to be converted into delegated 
acts. 
– Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering 
certain restrictions on imports of cert ain steel products from the Russian 
Federation  
Article 5 states that the annexes to the regula tion should be modified  as specified in the 
relevant agreement with the Russian Federation. Article 6(3) provides th at the annexes can be 
modified in the event of circumvention. The Commission is permitted to make such changes 
and no specific procedure is specified. Article 12 also permits the modification of the 
annexes, and is understood as permitting the Commission to modify the annexes. The 
Commission considers that these procedures sh ould be converted into delegated powers. The 
Commission regards the powers prov ided in Articles 14 and 15 as being implementing acts.  
– 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 
This regulation provides powers in  Article 4(3) and Article 23 to make amendments to Annex 
II on rules of origin and the regulation as a whole in the event of divergences with 
international agreements. These procedures should be converted into procedures for the 
adoption of delegated acts. The regulation cont ains a number of other procedures currently 
subject to Regulation 182/2011 which the Commi ssion considers should be maintained as 
implementing acts. These procedures are decisi ons on the management of rules of origin 
(Article 4(3)), suspensi on of benefits in the event of fraud (Article 5), detailed rules for the 
implementation and management for implementi ng the tariff rate quotas for sugar and rice 
(Articles 6 and 7)
7, the transitional safeguard mechanism for sugar (Article 9), the transitional 
surveillance mechanism for processed agricultu ral products (Article  10), decisions on 
cumulation for rules of origin purposes (Artic le 6 of Annex II) and derogations from the 
provisions of Annex II on rules of origin (Article 36 of Annex II). 
                                                 
7 The tariff rate quotas in question no longer apply since 1 January 2010 for rice and 1 October 2009 for 
sugar. 
 
EN 7   EN – 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 
Article 7 provides that the Commission may ma ke amendments and technical adjustments 
following amendments to the Combined Nomenclature or the conclusion of international agreements. The Commission considers that th is procedure should be converted into a 
delegated power. The other procedures should remain as implementing acts. 
– Council Regulation (EC) No 140/2008 of 19 November 2007 on certain 
procedures for applying the Stabilisat ion and Association Agreement between 
the European Communities and their Member States, of the one part, and the Republic of Montenegro, of the other part, and for applying the Interim 
Agreement between the European Community, of the one part, and the 
Republic of Montenegro, of the other part 
The Commission carefully examined the procedur es provided for in Articles 2, 4, and 11 of 
the Regulation. It came to the conclusion that n one of these procedures leads to acts which 
supplement or amend the basic act and which ther efore require to be converted into delegated 
acts. 
– Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for 
applying the Stabilisation and Association Agreement between the European Communities and their Member States , of the one part, and Bosnia and 
Herzegovina, of the other part, and fo r applying the Interim Agreement on 
trade and trade-related matters between the European Community, of the one 
part, and Bosnia and Herzegovina, of the other part 
The Commission carefully examined the procedur es provided for in Articles 2, 4, and 11 of 
the Regulation. It came to the conclusion that n one of these procedures leads to acts which 
supplement or amend the basic act and which therefore required to be converted into 
delegated acts. 
– Council Regulation (EC) No 732/2008 of 22  July 2008 applying a scheme of 
generalised tariff preferences for th e period from 1 January 2009 to 31 
December 2011 and amending Regulation s (EC) No 552/97, (EC) No 1933/2006 
and Commission Regulations (EC)  No 1100/2006 and (EC) No 964/2007 
This regulation provides for the annexes theret o to be amended in a number of specified 
purposes as set out in Article 25 thereof. It is  appropriate to convert the system for making 
such amendments into a system of delegated acts. At the same time, the regulation also 
requires, in Articles 10(2) and 11(8) that ce rtain of these amendments be preceded by 
decisions adopted pursuant to the examination procedure as provided for in Article 5 of 
Regulation (EU) No. 182/2011. It is undesirable in terms of legal clarity to requi re that the 
same substantive decision be subject to two different decision-making procedures, with the 
risk that those two procedures  lead to different result. As  a consequence, the Commission 
proposes that these procedures be unified into a system of delegated acts. The procedures 
provided for in Article 11(7) should be consid ered as implementing act  and therefore do not 
require to be converted into a system of delegated acts.  
 
EN 8   EN – Council Regulation (EC) No 1340/2008 of 8 December 2008 on tr ade in certain 
steel products between the European  Community and the Republic of 
Kazakhstan 
Article 5(3) provides that the annexes can be modified in th e event of circumvention. The 
Commission is permitted to make such changes and no specific procedure is set out. The Commission considers that this procedure should be converted into a delegated power. Other 
procedures should remain as implementing acts. 
– Council Regulation (EC) No 1215/ 2009 of 30 November 2009 introducing 
exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process 
Article 7 provides that the Commission may ma ke amendments and technical adjustments 
following amendments to the Combined Nomenclature or the conclusion of international 
agreements. The Commission considers that th is procedure should be converted into a 
delegated power. Other procedures should remain as implementing acts. 
3. C
ONCLUSION  
The result of the adoption of the two pr oposals adopted by the Commission as regards 
decision-making procedures in tr ade policy will be a substantial number of amendments to the 
acts in question. In order to im prove legibility of the acts concerned, the Commission has 
proposed to replace whole sentences or paragr aphs even where only a limited number of 
words in the sentence or paragraph are in  reality being amende d. The Commission will 
propose a codification of the act s as expeditiously as possi ble once the two horizontal 
proposals are adopted. 
The Commission also notes that  certain regulations, in par ticular Council Regulation (EEC) 
No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from 
third countries and 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 ot her specific Community import rules contain 
provisions creating procedures for the adoptio n of delegated or implementing acts in the 
annexes themselves. While this drafting technique is not now considered sa tisfactory, it would 
not be appropriate, in a proposal with a limited sc ope as in the present, to revisit the structure 
of the legislation.  
 
EN 9   EN 2011/0153 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending certain regulations relating to the common commercial policy as regards the 
granting of delegated powers for th e adoption of certain measures  
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 207 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 or dinary legislative procedure, 
Whereas: (1) A number of basic regula tions relating to the common co mmercial policy provide that 
acts are to be adopted on the basis of th e procedures set out in Council Decision 
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of 
implementing powers conferred on the Commission
8. 
(2) An examination of legislative acts in fo rce 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.  
(3) The following regulations should therefore be amended accordingly:  
– Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules 
for imports of certain textile  products from third countries9, 
– 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 rules10, 
                                                 
8 OJ L 184, 17.7.1999, p. 23. 
9 OJ L 275, 8.11.1993, p. 1. 
10 OJ L 67, 10.3.1994, p. 1. 
 
EN 10   EN – Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion 
into the European Union of certain key medicines11, 
– Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional 
customs duties on imports of certain produc ts originating in the United States 
of America12, 
– Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering 
certain restrictions on imports of cer tain steel products from the Russian 
Federation13,  
– 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 Agreements14, 
– 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 a nd Commission Decision 2005/924/EC15, 
– Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of 
generalised tariff preferen ces for the period from 1 January 2009 to 31 
December 2011 and amending Regulati ons (EC) No 552/97, (EC) No 
1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 
964/200716, 
–  Council Regulation (EC) No 1340/ 2008 of 8 December 2008 on trade in 
certain steel products between the Eur opean Community and the Republic of 
Kazakhstan17, 
– Council Regulation (EC) No 1215/ 2009 of 30 November 2009 introducing 
exceptional trade measures for countries and territories participating in or 
linked to the European Union's Stab ilisation and Association process18. 
(4) In order to ensure legal ce rtainty, it is necessary that the procedures for the adoption of 
measures which have been initiated but not completed before the entry into force of this Regulation are not affected by this Regulation, 
                                                
 
11 OJ L 135, 3.6.2003, p. 5. 
12 OJ L 110, 30.4.2005, p. 1. 
13 OJ L 300, 17.11.2007, p. 1. 
14 OJ L 348, 31.12.2007, p. 1. 
15 OJ L 20, 24.1.2008, p. 1. 
16 OJ L 211, 6.8.2008, p. 1. 
17 OJ L 348, 24.12.2008, p. 1. 
18 OJ L 328, 15.12.2009, p. 1. 
 
EN 11   EN HAVE ADOPTED THIS REGULATION: 
Article 1 
The Regulations listed in the Annex are hereby  adapted, in accordance with the Annex, to 
Article 290 of the Treaty. 
Article 2 
References to provisions of the instruments in the Annex shall be construed as being made to 
those provisions as ad apted by this Regulation. 
Article 3 
This Regulation shall not affect the procedures  for the adoption of measures provided for in 
the Regulations in the Annex which have been initiated but not completed before the entry 
into force of this Regulation. 
Article 4 
This Regulation shall enter into force on the 30th 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 Brussels, […] 
For the European Parliament For the Council 
The President The President 
[…] […] 
 
EN 12   EN ANNEX  
List of Regulations falling under the common commercial polic y and adapted to Article 290 
of the Treaty. 
1. C OUNCIL REGULATION (EEC)  NO 3030/93  OF 12 OCTOBER 1993  ON COMMON 
RULES FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS FROM THIRD COUNTRIES19 
As regards Regulation (EEC) No  3030/93, in order to ensure the appropriate functioning of 
the system for the management of imports of ce rtain textile products, th e 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 necessary changes to the annexes to the Regulation. It is of particular importan ce that the Commission carry out appropriate 
consultations during its preparatory work, including at expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EEC) No 3030/93 is amended as follows: 1. In Article 2, paragraph 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 produc ts to which they apply, where this 
proves necessary to ensure that any s ubsequent amendment to the combined 
nomenclature (CN) or any decision amending the classification of such 
products does not result in a redu ction of such quantitative limits."  
2. In Article 6, paragraph 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 so as to remedy the situation referred to 
in paragraph 1, due respect  being given to the term s and conditions contained 
in the relevant bilateral agreements. 
 Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and theref ore imperative grounds of urgency so 
require, the procedure provided for in Ar ticle 16b shall apply to delegated acts 
adopted pursuant to this paragraph." 
3. Article 8 is amended as follows: 
(a) The first paragraph is replaced by the following: 
 "The Commission shall be empowered to adopt delegated acts in accordance 
with Article 16a to grant additional opportunities for imports during a given 
                                                
 
19 OJ L 275, 8.11.1993, p. 1. 
 
EN 13   EN quota year, where, under particular ci rcumstances, imports over and above 
those referred to in Annex V are require d in respect of one or more categories 
of products."; 
(b) The following paragraph is inse rted after the first paragraph: 
 “Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and theref ore imperative grounds of urgency so 
require, the procedure provided for in Ar ticle 16b shall apply to delegated acts 
adopted pursuant to the first paragra ph. The Commission shall take a decision 
within 15 working days of a re quest from a Member State.”; 
(c) The penultimate paragraph is deleted. 
4. Article 10 is amended as follows: 
(a) In paragraph 7, poi nt (b) is deleted; 
(b) Paragraph 13 is replaced by the following: "13. The Commission shall be empowered to  adopt delegated acts in accordance 
with Article 16a concerning the measures  provided for in paragraphs 3 and 9. 
Where a delay in the imposition of measures would cause damage which would 
be difficult to repair an d therefore imperative grounds  of urgency so require, 
the procedure provided for in Article 16b shall apply to dele gated acts adopted 
pursuant to this paragraph. The Commi ssion shall take a decision within 10 
working days of a request from a Member State." 
5. Article 10a is amended as follows: 
(a) Paragraph 2a is deleted; (b) Paragraph 3 is replaced by the following: 
"3. The Commission shall be empowe red to adopt delegated acts in 
accordance with Article 16a concerni ng the measures provided for in 
paragraph 1, with the exception of  the opening of consultations as 
provided for in paragraph 1(a). 
Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and th erefore imperative grounds of urgency 
so require, the procedure provided for in Article 16b shall apply to delegated acts adopted purs uant to this paragraph." 
6. Article 13 is amended as follows: 
(a) The second subparagraph of paragr aph 3 is replaced by the following: 
 "The Commission shall decide to introduce an a priori  or an a posteriori  
surveillance system. The Commission sha ll be empowered to adopt delegated 
 
EN 14   EN acts in accordance with Article 16a concerning the imposition of the  a priori 
surveillance system."; 
(b) The following subparagraph is ad ded after the second subparagraph: 
 “Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and theref ore imperative grounds of urgency so 
require, the procedure provided for in Ar ticle 16b shall apply to delegated acts 
adopted pursuant to the second subparagraph.” 
7. Article 15 is amended as follows: 
(a) Paragraph 3 is 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 deduct from the quantitative limits an equivalent volume of products orig inating in the supplier country 
concerned. 
Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and th erefore imperative grounds of urgency 
so require, the procedure provided for in Article 16b shall apply to delegated acts adopted pursua nt to this paragraph.”; 
(b) Paragraph 5 is replaced by the following: 
"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 sh all request consultations with the 
third country or countries concerne d in accordance with the procedure 
described in Article 16 in order to ta ke appropriate action to address the 
problem. The Commission shall be empowered to adopt delegated acts in accordance with Article 16a to intr oduce quantitative limits against the 
third country or countries concerne d or to counteract the situation 
referred to in paragraph 1. 
Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and th erefore imperative grounds of urgency 
so require, the procedure provided for in Article 16b shall apply to delegated acts adopted purs uant to this paragraph." 
8. The following Articles 16a and 16b are inserted: 
 “Article 16a 
Exercise of the delegation 
 
EN 15   EN 1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power re ferred to in Articles 2( 6), 6(2), 8, 10(13), 10a(3), 
13(3), 15(3) and (5) and 19 of this Regulat ion and in Articles 4(3) of Annex IV 
and 2, 3(1) and (3) of Annex VII to th is Regulation shall be conferred on the 
Commission for an indeterminate period of time. 
3. The delegation of powers referred to in  Articles 2(6), 6(2), 8, 10(13), 10a(3), 
13(3), 15(3) and (5) and 19 of this Regulat ion and in Articles 4(3) of Annex IV 
and 2, 3(1) and (3) of Annex VII to th is Regulation 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 the power sp ecified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal 
of the European Union  or at a later date specified therein. It shall not affect the 
validity of any delegated acts already in force.  
4. As soon as it adopts a delegated act, the Commission shall notify it 
simultaneously to the European Parliament and to the Council.  
5. A delegated act adopted pursuant to Articles 2(6), 6(2) , 8, 10(13), 10a(3), 
13(3), 15(3) and (5) and 19 of this Regul ation and Articles 4( 3) of Annex IV 
and 2, 3(1) and (3) of Annex VII to this Regulation shal l enter into force only if 
no objection has been expressed either by the European Parliament or the 
Council within a period of 2 months of no tification 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 extende d by 2 months at the initiative of the 
European Parliament or the Council. 
Article 16b 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e 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 Europ ean Parliament or the Council." 
9. Article 19 is replaced by the following: 
"Article  19 
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 16a to amend the relevant Annexes where necessary to take into account the 
 
EN 16   EN conclusion, amendment or expiry of agreem ents, protocols or arrangements with 
third countries or amendments made to Union rules on statistics, customs 
arrangements or common rules for imports". 
10. In Article 4 of Annex IV, paragr aph 3 is replaced by the following: 
"3. Where it is established that the pr ovisions of this Regulation have been 
contravened, and in agreement with  the supplier country or countries 
concerned, the Commission shall be empo wered to adopt delegated acts in 
accordance with Article 16a of this Re gulation concerning the amendment of 
the relevant Annexes to th is Regulation, as necessary to prevent recurrence of 
such contravention. 
Where a delay in the imposition of measures would cause damage which would 
be difficult to repair an d therefore imperative grounds  of urgency so require, 
the procedure provided for in Article 16b of this Regulation shall apply to delegated acts adopted purs uant to this paragraph.” 
11. In Annex VII, Article 2 is  replaced by the following: 
"Article  2 
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 16a of this Regulati on to subject re-imports not  covered by this Annex to 
specific quantitative limits, pr ovided that the products c oncerned are subject to the 
quantitative limits laid down in  Article 2 of this Regulation. 
Where a delay in the imposition of measures would cause damage which would be 
difficult to repair and ther efore imperative grounds of urgency so re quire, the 
procedure provided for in Artic le 16b of this Regulation sh all apply to delegated acts 
adopted pursuant to this paragraph.” 
12. In Annex VII, Article 3 is amended as follows: 
(a) Paragraph 1 is replaced by the following: 
"1. The Commission shall be empowe red to adopt delegated acts in 
accordance with Article 16a of this Regulation to e ffect transfers between 
categories and advance use or ca rry-over of porti ons of specific 
quantitative limits from one year to another. 
Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and th erefore imperative grounds of urgency 
so require, the procedure provided for in Article 16b of this Regulation shall apply to delegated acts adop ted pursuant to this paragraph."; 
(b) Paragraph 3 is replaced by the following: 
"3. The Commission shall be empowe red 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. 
 
EN 17   EN Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and th erefore imperative grounds of urgency 
so require, the procedure provided for in Article 16b of this Regulation shall apply to delegated acts adop ted pursuant to this paragraph." 
2. C
OUNCIL 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 RULES20 
As regards Regulation (EC) No 517/94, in order to ensure the appropriate functioning of the 
system for the management of imports of certa in 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 Co mmission in respect of necessary changes to 
the annexes to the Regulation. It is of partic ular importance that the Commission carry out 
appropriate consultations dur ing its preparatory work, in cluding at expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 517/94 is amended as follows: 1. In Article 3, paragraph 3 is  replaced by the following: 
"3. Any textile product referred to in A nnex V and originati ng in the countries 
indicated therein may be imported into the Union provided an annual 
quantitative limit is established by th e Commission. The Commission shall be 
empowered to adopt delegated acts to amend the relevant Annexes in 
accordance with Article 25a concerning the establishment of such annual 
quantitative limits." 
2. In Article 5, paragraph 2 is  replaced by the following: 
"2. The Commission shall be empowered to  adopt delegated acts in accordance 
with Article 25a concerning the measur es required to adapt Annexes III to 
VII." 
3. In Article 12, paragraph 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." 
4. Article 13 is replaced by the following: 
                                                
 
20 OJ L 67, 10.3.1994, p. 1. 
 
EN 18   EN "Article  13 
Where imperative grounds of urgency so  require in the case 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 a nd not subject to an y quantitative rest riction should be 
subject to quantitative limits or prior or retrospective surveillance measures, the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
25b to impose the measures referred  to in Articles 12(1) and (2)." 
5. Article 16 is amended as follows: 
(a) The third paragraph is replaced by the following: 
 "The Commission shall be empowered to adopt delegated acts in accordance 
with Article 25a concerning the measures referred to in the first paragraph."; 
(b) The following paragraph is a dded after the third paragraph: 
 “Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and theref ore imperative grounds of urgency so 
require, the procedure provided for in Ar ticle 25b shall apply to delegated acts 
adopted pursuant to th e third subparagraph.” 
6. Article 25 is amended as follows: 
(a) In the first sentence of paragraph 3, th e words “Article 13” are replaced by the 
words “Articles 12(3), 13 and 16”; 
(b) Paragraph 4 is deleted. 
7. The following Articles 25a and 25b are inserted: 
“Article 25a 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in  Articles 3(3), 5(2), 12(3), 13, 16 and 28 
shall be conferred on the Commission fo r an indeterminate period of time. 
3. The delegation of powers re ferred to in Articles 3( 3), 5(2), 12(3), 13, 16 and 28 
may be revoked at any time by the Eur opean Parliament or by the Council. A 
decision of revocation shall put an end to the delegati on of the power specified 
in that decision. It shall take effect the day follow ing 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 a ny delegated acts already in 
force.  
 
EN 19   EN 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 3(3), 5(2), 12(3), 13, 16 and 28 
shall enter into force only if no obj ection has been expressed either by the 
European Parliament or the Council within  a period of 2 mont hs of notification 
of that act to the European  Parliament and the Council or if, before the expiry 
of that period, the European Parliament  and the Council have both informed 
the Commission that they will not object. That period shall be extended by 2 months at the initiative of the Eu ropean Parliament or the Council. 
Article 25b 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e 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 Europ ean Parliament or the Council." 
8. Article 28 is replaced with the following: 
"Article  28 
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 25a to amend the relevant Annexes where necessary to take into account the 
conclusion, amendment or expiry of agreemen ts or arrangements with third countries 
or amendments made to Union rules on statistics, customs arrangements or common rules for imports". 
3. C
OUNCIL REGULATION (EC)  NO 953/2003  OF 26 MAY 2003  TO AVOID TRADE 
DIVERSION INTO THE EUROPEAN UNION OF CERTAIN KEY MEDICINES21 
As regards Regulation (EC) No  953/2003, in order to  add products to th e list of products 
covered by that Regulation, the po wer to adopt acts in accordan ce with Article 290 of the 
Treaty on the Functioning of the European Unio n should be delegated to the Commission in 
order to amend the Annex to that Regulation. It is of particular importance that the Commission carry out appropriate  consultations during its pr eparatory work, including at 
expert level. 
                                                
 
21 OJ L 135, 3.6.2003, p. 5. 
 
EN 20   EN The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 953/2003 is amended as follows: 1. Article 4 is amended as follows: 
(a) Paragraph 3 is replaced by the following: 
"3. The Commission shall be empowe red to adopt delegated acts in 
accordance with Article 5 to determ ine whether a product fulfils the 
criteria set out in this Regulation. 
Where a delay in action would cause damage which would be difficult to 
repair and therefore imperative gr ounds of urgency so require, the 
procedure provided for in Article 5a shall apply to delegated acts adopted 
pursuant to this paragraph.";  
(b) Paragraph 4 is replaced by the following: 
"4. Where the requirements set out in this Regulation are fulfilled, the 
Commission shall be empowered to adopt delegated acts in accordance 
with Article 5 to add the product c oncerned to Annex I at the next 
following update. The applicant shall be  informed of the decision of the 
Commission within 15 days. 
Where a delay in action would cause damage which would be difficult to 
repair and therefore, imperative grounds of urgency so require, the 
procedure provided for in Article 5a shall apply to delegated acts adopted 
pursuant to this paragraph."; 
(c) Paragraph 9 is replaced by the following: 
"9. The Commission shall be empowe red to adopt delegated acts in 
accordance with Article 5 to adjust  Annexes II, III and IV where 
necessary
 in the light, inter alia, of the experience gained from its 
application  or to respond to a health crisis. 
 Where a delay in action would cause damage which would be difficult to 
repair and therefore, imperative grounds of urgency so require, the 
procedure provided for in Article 5a shall apply to delegated acts adopted 
pursuant to this paragraph." 
2. Article 5 is replaced by the following: 
"Article  5 
Exercise of the delegation 
 
EN 21   EN 1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in Article 4 shall be conferred on the 
Commission for an indeterminate period of time. 
3. The delegation of powers referred to in  Article 4 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 the power sp ecified 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 Artic le 4 shall enter in to force only if no 
objection has been expressed either by th e European Parliament or the Council 
within a period of 2 mont hs 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 extende d by 2 months at the initiative of the 
European Parliament or the Council.” 
3. The following Article 5a is inserted: 
“Article 5a 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e Council may object to a delegated act in 
accordance with the procedure referred to in Article 5(5). In such a case, the 
Commission shall repeal the act without delay following the notification of the 
decision to object by the Europ ean Parliament or the Council." 
4. In Article 11, paragraph 2 is replaced by the following: 
"2. The Commission shall pe riodically report to the European Parliament and 
Council on the volumes exported under tie red prices, including on the volumes 
exported within the framework of a part nership agreement agreed between the 
manufacturer and the government of a c ountry of destination. The report shall 
examine the scope of countries and di seases and general criteria for the 
implementation of Article 3." 
 
EN 22   EN 4. C OUNCIL REGULATION (EC)  NO 673/2005  OF 25 APRIL 2005  ESTABLISHING 
ADDITIONAL CUSTOMS DUTIES ON IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN THE 
UNITED STATES OF AMERICA22 
As regards Regulation (EC) No 673/2005, in order to make the necessary adjustments to the 
measures provided for in that Regulation, the po wer 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 those adjustments. It is of particular importance that the 
Commission carry out appropriate  consultations during its pr eparatory work, including at 
expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 673/2005 is amended as follows: 1. In Article 3, paragraph 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, in the case of adjustments and amendments to the annexes, imperative 
grounds of urgency so require, the proce dure provided for in Article 4a shall 
apply to delegated acts adopted  pursuant to this paragraph." 
2. Article 4 is replaced by the following: 
"Article  4 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in Article 3(3) shall be conferred on the 
Commission for an indeterminate period of time. 
3. The delegation of powers referred to in  Article 3(3) may be revoked at any 
time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of th e power specified in that decision. It 
shall take effect the day following th e publication of th e decision in the Official 
Journal of the European Union  or at a later date specified therein. It shall not 
affect the validity of any delega ted 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.  
                                                
 
22 OJ L 110, 30.4.2005, p. 1. 
 
EN 23   EN 5. A delegated act adopted pursuant to Artic le 3(3) shall enter into force only if 
no objection has been expressed either by the European Parliament or the 
Council within a period of 2 months of no tification 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 extende d by 2 months at the initiative of the 
European Parliament or the Council.” 
3. The following Article 4a is inserted: 
“Article 4a 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e 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 Europ ean Parliament or the Council." 
5. C
OUNCIL REGULATION (EC)  NO 1342/2007  OF 22 OCTOBER 2007  ON 
ADMINISTERING CERTAIN RESTRICTIONS ON IMPORTS OF CERTAIN STEEL PRODUCTS FROM THE 
RUSSIAN FEDERATION23 
As regards Regulation (EC) No  1342/2007, in order to permit the effective administration 
through the adoption of adjustments to the restrictions on imports of certain stee l 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 Co mmission in respect of amendments to Annex 
V. It is of particular importance that th e Commission carry out appr opriate consultations 
during its preparatory work, in cluding at expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 1342/2007 is amended as follows: 1. Article 5 is replaced by the following: 
                                                
 
23 OJ L 300, 17.11.2007, p. 1. 
 
EN 24   EN "Article  5 
For the purposes of applyi ng Article 3(3) and (4) and the second subparagraph of 
10(1) of the Agreement, the Commission shal l be empowered to adopt delegated acts 
in accordance with Article 31a of this Regul ation to make the necessary adjustments 
to the quantitative limits set out in Annex V. 
Where a delay in action would cause damage  which would be difficult to repair and 
therefore, imperative grounds of urgency so  require, the proce dure provided for in 
Article 31b shall apply to delegated act s adopted pursuant to this Article." 
2. In Article 6, paragraph 3 is  replaced by the following: 
"3. If the Union and the Russian Federation fail to arrive at a satisfactory solution 
and if the Commission notes that there is clear evidence of circumvention, the 
Commission shall be empowered to adopt  delegated acts in  accordance with 
Article 31a concerning adjustments to  Annex V for the purpose of deducting 
from the quantitative limits an equivalent  volume of products originating in the 
Russian Federation. 
Where a delay in action woul d cause damage which would be difficult to repair 
and therefore, imperative grounds of  urgency so require, the procedure 
provided for in Article 31b shall apply to delegated acts adopted pursuant to 
this paragraph." 
3. Article 12 is replaced by the following: 
"Where a classification decision adopted in accordance with the Union procedures in 
force referred to in Article 11 involves a product group subject to a quantitative limit, 
the Commission shall, where necessary, in itiate consultations without delay in 
accordance with Article 9, in order to reach  agreement on any necessary adjustments 
to the corresponding quantitative limits pr ovided for in Annex V. The Commission 
shall be empowered to adopt delegate d acts in accordance with Article 31a 
concerning adjustments to A nnex V for this purpose." 
4. The following Articles 31a and 31b are inse rted after the head ing of Chapter IV: 
“Article 31a 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to  in Articles 5, 6(3) and 12 shall be 
conferred on the Commission for an indeterminate period of time. 
3. The delegation of powers referred to in  Articles 5, 6(3) and 12 may be revoked 
at any time by the European Parliame nt or by the Council. A decision of 
revocation shall put an end to the dele gation of the power specified in that 
decision. It shall take effect the day fo llowing the publication of the decision in 
 
EN 25   EN the Official Journal of the European Union  or at a later date specified therein. 
It shall not affect the validity of a ny 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 Artic les 5, 6(3) and 12 shall enter into 
force only if no objection has been expressed either by the European 
Parliament or the Council within a period of 2 months of notif ication of that act 
to the European Parliament and the Counc il or if, before the expiry of that 
period, the European Parliament and the Council have both informed the 
Commission that they will not object . That period shall be extended by 2 
months at the initiative of the Eu ropean Parliament or the Council." 
Article 31b 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e Council may object to a delegated act in 
accordance with the procedure referred to in Article 31a(5). In such a case, the 
Commission shall repeal the act without delay following the notification of the 
decision to object by the Europ ean Parliament or the Council." 
6. C OUNCIL REGULATION (EC)  NO 1528/2007  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 AGREEMENTS24 
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, th e power to adopt acts in accordance with Article 290 of the 
Treaty on the Functioning of the European Unio n should be delegated to the Commission in 
respect of technical amendments to that Regulation. It is of particular importance that the 
Commission carry out appropriate  consultations during its pr eparatory work, including at 
expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 1528/2007 is amended as follows: 
                                                 
24 OJ L 348, 31.12.2007, p. 1. 
 
EN 26   EN 1. Article 4 is amended as follows: 
(a) In paragraph 3, the second sentence is deleted; (b) The following paragraphs 4 and 5 are added: 
"4. The Commission shall be empowe red to adopt delegated acts in 
accordance with Article [insert the nu mber of the Article(s) laying down 
the procedure for the adoption of dele gated acts, currently Articles 24a to 
24c of proposal COM(2011) 82 final] concerning technical amendments 
to Annex II necessary as a result of the application of that Annex. 
5. Decisions on the management of An nex II may be adopted in accordance 
with the procedure referred to in Article 247 and 247a of Regulation 
(EEC) No 2913/92(*). 
___________________ (*) OJ L 302, 19.10.1992, p. 1." 2. Article 23 is replaced by the following: 
"Article  23 
Adaptation to technical developments 
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article [insert the number of the Artic le(s) laying down the procedure for the 
adoption of delegated acts, currently Arti cles 24a to 24c of proposal COM(2011) 82 
final] concerning technical amendments to  Articles 5 and 8 to 22 which may be 
required as a result of diffe rences between this Regulat ion and agreements signed 
with provisional application or concluded in accordance with Article 218 of the 
Treaty with the regions or states listed in Annex I." 
7. C
OUNCIL 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/EC25 
As regards Regulation (EC) No 55/2008, in order to permit the adjustment of the regulation, 
the power to adopt acts in accordance with Arti cle 290 of the Treaty on the Functioning of the 
European Union should be delega ted to the Commission in respect of amendments required in 
light of changes in customs codes or for the conc lusion of agreements with Moldova. It is of 
particular importance that th e Commission carry out appropria te consultati ons during its 
preparatory work, including at expert level. 
                                                 
25 OJ L 20, 24.1.2008, p. 1. 
 
EN 27   EN The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 55/2008 is amended as follows: 1. Article 7 is replaced by the following: 
"Article 7  
Conferment of powers 
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 8b in order to make the necessary amendments and adjustments to the provisions of this Regul ation as a result of: 
(a) amendments to the Combined Nomenclature codes and to the TARIC 
subdivisions; 
(b) the conclusion of other agreemen ts between the Union and Moldova." 
2. The following Article 8b is inserted: 
“Article 8b 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in Article 7 shall be conferred on the 
Commission for an indeterminate period of time. 
3. The delegation of powers 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 the power sp ecified 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 Artic le 7 shall enter in to force only if no 
objection has been expressed either by th e European Parliament or the Council 
within a period of 2 mont hs 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 extende d by 2 months at the initiative of the 
European Parliament or the Council. 
 
EN 28   EN 8. C OUNCIL REGULATION (EC)  NO 732/2008  OF 22 JULY 2008  APPLYING A SCHEME 
OF GENERALISED TARIFF PREFERENCES FOR THE PERIOD FROM 1 JANUARY 2009  TO 
31 DECEMBER 2011  AND AMENDING REGULATIONS (EC)  NO 552/97,  (EC)  NO 
1933/2006  AND COMMISSION REGULATIONS (EC)  NO 1100/2006  AND (EC)  NO 
964/200726 
As regards Regulation (EC) No 732/2008, in or der for its Annexes to be adapted to 
developments, 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 
certain adjustments to the Annexe s. It is of particular impor tance that the Commission carry 
out appropriate consultations during its preparatory work, including at expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 732/2008 is amended as follows: 1. In Article 10, paragraph 2 is replaced by the following: 
“2. The Commission shall be empowered to  adopt delegated acts in accordance 
with Article 27a in order to decide, af ter having examined the request, whether 
to grant the requesting country th e special incentive arrangement for 
sustainable development and good gove rnance and to amend Annex I 
accordingly. 
Where a delay in action woul d cause damage which would be difficult to repair 
and therefore, imperative grounds of  urgency so require, the procedure 
provided for in Article 27b shall apply to delegated acts adopted pursuant to 
this paragraph.” 
2. In Article 11, paragraph 8 is replaced by the following: 
“8. When a country is excluded by the UN from the list of the least-developed 
countries, it shall be withdrawn from th e list of the beneficiaries of the 
arrangement. The Commission shall be empowered to adopt delegated acts in accordance with Article 27a in  order to remove a country from the arrangement 
by amending Annex I and to establish a tr ansitional period of at least three 
years.” 
3. Article 25 is replaced by the following: 
“Article  25 
The Commission shall be empowered to a dopt delegated acts in  accordance with 
Article 27a in order to adopt amendmen ts to the Annexes made necessary: 
(a) by amendments to the Combined Nomenclature; 
                                                
 
26 OJ L 211, 6.2.2008, p. 1. 
 
EN 29   EN (b) by changes in the international stat us or classification of countries or 
territories; 
(c) by the application of Article 3(2); (d) if a country has reached the thre sholds set out in Article 3(1).” 
4. The following Articles 27a and 27b are inserted: 
“Article 27a 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in Articles 10(2), 11(8) and 25 shall be 
conferred on the Commission for an indeterminate period of time. 
3. The delegation of powers referred to in Articles 10( 2), 11(8) and 25 may be 
revoked at any time by the European Parl iament or by the Council. A decision 
of revocation shall put an end to the de legation of the power specified in that 
decision. It shall take effect the day fo llowing 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 a ny 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 s 10(2), 11(8) and 25 shall enter 
into force only if no objection has b een expressed either by the European 
Parliament or the Council within a period of 2 months of notif ication of that act 
to the European Parliament and the Counc il or if, before the expiry of that 
period, the European Parliament and the Council have both informed the 
Commission that they will not object . That period shall be extended by 2 
months at the initiative of the Eu ropean Parliament or the Council. 
Article 27b 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e Council may object to a delegated act in 
accordance with the procedure referred to in Article 27a(5). In such a case, the 
Commission shall repeal the act without delay following the notification of the 
decision to object by the Europ ean Parliament or the Council." 
 
EN 30   EN 9. C OUNCIL REGULATION (EC)  NO 1340/2008  OF 8 DECEMBER 2008  ON TRADE IN 
CERTAIN STEEL PRODUCTS BETWEEN THE EUROPEAN COMMUNITY AND THE 
REPUBLIC OF KAZAKHSTAN27 
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. It is of partic ular importance that the Commission carry out 
appropriate consultations dur ing its preparatory work, in cluding at expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 1340/2008 is amended as follows: 1. In Article 5, paragraph 3 is  replaced by the following: 
"3. Should the Union and the Republic of Kaza khstan 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 origina ting in the Republic of Kazakhstan and 
to amend Annex V accordingly. 
Where a delay in action woul d 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 
this paragraph." 
2. The following Articles 16a and 16b are inserted: 
“Article 16a 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in Article 5(3) shall be conferred on the 
Commission for an indeterminate period of time. 
3. The delegation of powers referred to in  Article 5(3) may be revoked at any 
time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of th e power specified in that decision. It 
shall take effect the day following th e publication of th e decision in the Official 
Journal of the European Union  or at a later date specified therein. It shall not 
affect the validity of any delega ted acts already in force.  
                                                
 
27 OJ L 348, 24.12.2008, p. 1. 
 
EN 31   EN 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 Artic le 5(3) shall enter into force only if 
no objection has been expressed either by the European Parliament or the 
Council within a period of 2 months of no tification 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 extende d by 2 months at the initiative of the 
European Parliament or the Council. 
Article 16b 
Urgency procedure 
1. Delegated acts adopted under this Article  shall enter into force without delay 
and shall apply as long as no object ion 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 th e 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 Europ ean Parliament or the Council." 
10. C
OUNCIL REGULATION (EC)  NO 1215/2009  OF 30 NOVEMBER 2009  INTRODUCING 
EXCEPTIONAL TRADE MEASURES FOR COUNTRIES AND TERRITORIES PARTICIPATING IN OR LINKED TO THE 
EUROPEAN UNION ’S STABILISATION AND 
ASSOCIATION PROCESS28 
As regards Regulation (EC) No 1215/2009, in order to permit the adjustment of the 
Regulation, the power to adopt acts in accord ance 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 the countries a nd territories covered by that Re gulation. It is of particular 
importance that the Commission carry out appropr iate consultations dur ing its preparatory 
work, including at expert level. 
The Commission, when preparing and drawi ng up delegated acts, should ensure a 
simultaneous, timely and appropriate transmissi on of relevant documents to the European 
Parliament and Council. 
Accordingly, Regulation (EC) No 1215/2009 is amended as follows: 1. Article 7 is replaced by the following: 
                                                
 
28 OJ L 328, 15.12.2009, p. 1. 
 
EN 32   EN "Article  7 
Conferment of powers 
The Commission shall be empowered to adopt delegated acts in accordance with the 
procedure referred to in Article 8b in order to make the necessary amendments and 
adjustments to the provisions of this Regulation as a result of: 
(a) amendments to the Combined Nomenclature codes and to the TARIC 
subdivisions; 
(b) the conclusion of other agreements between the Union and the countries and 
territories referred to in Article 1. 
2. The following Article 8b is inserted: 
“Article 8b 
Exercise of the delegation 
1. The power to adopt delega ted acts is conferred on the Commission subject to 
the conditions laid down in this Article.  
2. The delegation of power referred to in Article 7 shall be conferred on the 
Commission for an indeterminate period of time. 
3. The delegation of powers 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 the power sp ecified 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 Artic le 7 shall enter in to force only if no 
objection has been expressed either by th e European Parliament or the Council 
within a period of 2 mont hs 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 extende d by 2 months at the initiative of the 
European Parliament or the Council.” 
 
EN 33   EN LEGISLATIVE FINANCIAL STATEM ENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE  
1. NAME  OF THE  PROPOSAL: 
Proposal for a Regulation of the European Parliament and of the Council amending 
certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures. 
2. BUDGET
 LINES: 
Not applicable. 
3. FINANCIAL  IMPACT: 
; Proposal has no financial implications. 
4. ANTI-FRAUD  MEASURES: 
Not applicable.