Wednesday 14 March 2012

P7_TC1-COD(2011)0039

Position of the European Parliament adopted at first reading on 14 March 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

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

Whereas:

A number of basic regulations relating to the common commercial policy provide that acts implementing the common commercial policy are to be adopted by the Council in accordance with procedures set down in the various instruments concerned or by the Commission subject to specific procedures and control by the Council. Such procedures are not subject to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (2) .

It is appropriate to amend those basic regulations in order to ensure consistency with the provisions introduced by the Treaty of Lisbon. This should be done, where appropriate, through the granting of delegated powers to the Commission and by applying certain procedures set out in Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (3) .

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (29) .

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 (28) , [AM 3]

Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (26) ,

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (25) ,

Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (24) ,

Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences for the period from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (23) ,

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 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 (22) ,

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 (21) ,

Council Regulation (EC) No 140/2008 of 19 November 2007 on certain procedures for applying the Stabilisation 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 (20) ,

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 (19) ,

Council Regulation (EC) No 1616/2006 of 23 October 2006 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, and for applying the Interim Agreement between the European Community and the Republic of Albania (18) ,

Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (17) , [AM 2]

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 (16) ,

Council Regulation (EC) No 452/2003 of 6 March 2003 on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures (15) ,

Council Regulation (EC) No 427/2003 of 3 March 2003 on a transitional product-specific safeguard mechanism for imports originating in the People's Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries (14) ,

Council Regulation (EC) No 153/2002 of 21 January 2002 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, and for applying the Interim Agreement between the European Community and the Former Yugoslav Republic of Macedonia (13) ,

Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part and for applying the Interim Agreement between the European Community and the Republic of Croatia (12) ,

Council Regulation (EC) No 1515/2001 of 23 July 2001 on the measures that may be taken by the Community following a report adopted by the WTO Dispute Settlement Body concerning anti-dumping and anti-subsidy matters (11) ,

Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (10) ,

Council Regulation (EC) No 385/96 of 29 January 1996 on protection against injurious pricing of vessels (9) ,

Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (8) ,

Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (7) , [AM 1]

Regulation (EEC) No 1692/73 of the Council of 25 June 1973 on the safeguard measures provided for in the Agreement between the European Economic Community and the Kingdom of Norway (6) ,

Regulation (EEC) No 2843/72 of the Council of 19 December 1972 on the safeguard measures provided for in the Agreement between the European Economic Community and the Republic of Iceland (5) ,

Regulation (EEC) No 2841/72 of the Council of 19 December 1972 on the safeguard measures provided for in the Agreement between the European Economic Community and the Swiss Confederation (4) ,

The following regulations should therefore be amended accordingly:

In order to ensure legal certainty, 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,

HAVE ADOPTED THIS REGULATION:

Article 1

The Regulations listed in the Annex to this Regulation are hereby adapted, in accordance with the Annex, to Article 290 of the Treaty or to the applicable provisions of Regulation (EU) No 182/2011.

Article 2

References to provisions of the instruments in the Annex shall be construed as being made to those provisions as adapted by this Regulation.

References made to the former names of committees shall be construed as being made to the new names as provided for by this Regulation.

Throughout the Regulations listed in the Annex, any reference to ‘European Community’, ‘Community’, ‘European Communities’ or ‘Communities’ shall be understood as a reference to the European Union or Union; any reference to the words ‘common market’ shall be understood as a reference to ‘internal market’; any reference to the words ‘Committee provided for in Article 113’, ‘Committee provided for in Article 133’, ‘Committee referred to in Article 113’ and ‘Committee referred to in Article 133’ shall be understood as a reference to ‘Committee provided for in Article 207’; any reference to the words ‘Article 113 of the Treaty’ or ‘Article 133 of the Treaty’ shall be understood as a reference to ‘Article 207 of the Treaty’. [AM 4]

Article 3

This Regulation shall not affect procedures initiated for the adoption of measures provided for in the Regulations listed in the Annex whenever, on or before the entry into force of this Regulation:

consultation is required under one of the Regulations and such consultations have been initiated; or,

a proposal is required under one of the Regulations and the Commission has adopted such a proposal.

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.

(1) Position of the European Parliament of 14 March 2012.

(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ L 55, 28.2.2011, p. 13.

(4) OJ L 300, 31.12.1972, p. 284.

(5) OJ L 301, 31.12.1972, p. 162.

(6) OJ L 171, 27.6.1973, p. 103.

(7) OJ L 318, 20.12.1993, p. 18 .

(8) OJ L 349, 31.12.1994, p. 71.

(9) OJ L 56, 6.3.1996, p. 21.

(10) OJ L 309, 29.11.1996, p. 1.

(11) OJ L 201, 26.7.2001, p. 10.

(12) OJ L 304, 21.11.2001, p. 1.

(13) OJ L 25, 29.1.2002, p. 16.

(14) OJ L 65, 8.3.2003, p. 1.

(15) OJ L 69, 13.3.2003, p. 8.

(16) OJ L 110, 30.4.2005, p. 1.

(17) OJ L 200, 30.7.2005, p.1 .

(18) OJ L 300, 31.10.2006, p. 1.

(19) OJ L 348, 31.12.2007, p. 1.

(20) OJ L 43, 19.2.2008, p. 1.

(21) OJ L 20, 24.1.2008, p. 1.

(22) OJ L 169, 30.6.2008, p. 1.

(23) OJ L 211, 6.8.2008, p. 1.

(24) OJ L 188, 18.7.2009, p. 93.

(25) OJ L 84, 31.3.2009, p. 1.

(26) OJ L 185, 17.7.2009, p. 1.

(27) OJ L 291, 7.11.2009, p. 1.

(28) OJ L 328, 15.12.2009, p. 1 .

(29) OJ L 343, 22.12.2009, p. 51.

Wednesday 14 March 2012

ANNEX

List of Regulations falling under the common commercial policy and adapted to Article 290 of the Treaty or to the applicable provisions of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (1).

1. REGULATION (EEC) NO 2841/72 OF THE COUNCIL OF 19 DECEMBER 1972 ON THE SAFEGUARD MEASURES PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SWISS CONFEDERATION (2)

As regards Regulation (EEC) No 2841/72, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EEC) No 2841/72 is amended as follows:

-1. The following Recital 3a is inserted: " Whereas, in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures for the implementation of the safeguard clauses of the bilateral Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (3); [AM 5]

-1a. The following Recital 3b is inserted: " Whereas the advisory procedure should be used for the adoption of provisional measures given the effects of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures; " [AM 6]

1. Article 1 is replaced by the following: "Article 1 The Commission may decide to refer to the Joint Committee established by the Agreement between the European Economic Community and the Swiss Confederation hereinafter referred to as the ‘Agreement’ for the purpose of taking the measures provided for in Articles 22, 24, 24a and 26 of the Agreement. Where necessary, the Commission shall adopt those measures in accordance with the examination procedure referred to in Article 7(2) of this Regulation."

2. In Article 2(1), the second sentence is replaced by the following: "Where necessary, the Commission shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7(2)".

3. Article 4 is replaced by the following: "Article 4 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(2) Article 7(1a) of this Regulation. In cases of urgency, Article 7(3) shall apply. [AM 7] 2. Where the Commission is asked to take action by a Member State, it shall take a decision within a maximum period of five working days of receipt of the request."

3a. Article 5 is deleted. [AM 8]

4. The following article is added: "Article 7 1. The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (4). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 9] 2. 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 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 10] 3a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 11]

4a. The following article is added: "Article 7a 1. The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade. 2. The report shall also present a summary of the statistics and the evolution of trade with the Swiss Confederation. 3. The report shall include information on the implementation of this Regulation. 4. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement. 5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 12]

2. REGULATION (EEC) NO 2843/72 OF THE COUNCIL OF 19 DECEMBER 1972 ON THE SAFEGUARD MEASURES PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF ICELAND (5)

As regards Regulation (EEC) No 2843/72, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EEC) No 2843/72 is amended as follows:

-1. The following Recital 3a is inserted: " Whereas, in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures for the implementation of the safeguard clauses of the bilateral Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (6); [AM 13]

-1a. The following Recital 3b is inserted: " Whereas the advisory procedure should be used for the adoption of provisional measures given the effects of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures; " [AM 14]

1. Article 1 is replaced by the following: "Article 1 The Commission may decide to refer to the Joint Committee established by the Agreement between the European Economic Community and the Republic of Iceland hereinafter referred to as the ‘Agreement’ for the purpose of taking the measures provided for in Articles 23, 25, 25a and 27 of the Agreement. Where necessary, the Commission shall adopt those measures in accordance with the examination procedure referred to in Article 7(2) of this Regulation."

2. In Article 2(1), the second sentence is replaced by the following: "Where necessary, the Commission shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7(2)."

3. Article 4 is replaced by the following: "Article 4 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 25, 25a and 27 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 28(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(2) Article 7(1a) of this Regulation. In cases of urgency, Article 7(3) shall apply. [AM 15] 2. Where the Commission is asked to take action by a Member State, it shall take a decision within a maximum period of five working days of receipt of the request."

3a. Article 5 is deleted . [AM 16]

4. The following article is added: "Article 7 1. The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (7). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 17] 2. 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 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 18] 3a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 19]

4a. The following article is added: "Article 7a 1. The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade. 2. The report shall also present a summary of the statistics and the evolution of trade with Republic of Iceland. 3. The report shall include information on the implementation of this Regulation. 4. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement. 5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 20]

3. REGULATION (EEC) NO 1692/73 OF THE COUNCIL OF 25 JUNE 1973 ON THE SAFEGUARD MEASURES PROVIDED FOR IN THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF NORWAY (8)

As regards Regulation (EEC) No 1692/73, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EEC) No 1692/73 is amended as follows:

-1. The following Recital 3a is inserted: " Whereas, in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures for the implementation of the safeguard clauses of the bilateral Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (9); [AM 21]

-1a. The following Recital 3b is inserted: " Whereas the advisory procedure should be used for the adoption of provisional measures given the effects of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures; " [AM 22]

1. Article 1 is replaced by the following: "Article 1 The Commission may decide to refer to the Joint Committee established by the Agreement between the European Economic Community and the Kingdom of Norway hereinafter referred to as the ‘Agreement’ for the purpose of taking the measures provided for in Articles 22, 24, 24a and 26 of the Agreement. Where necessary, the Commission shall adopt these measures in accordance with the examination procedure referred to in Article 7(2) of this Regulation."

2. In Article 2(1), the second sentence is replaced by the following: "Where necessary, the Commission shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7(2)."

3. Article 4 is replaced by the following: "Article 4 1. Where exceptional circumstances require immediate action in the situations referred to in Articles 24, 24a and 26 of the Agreement or in the case of export aids that have a direct and immediate effect on trade, the precautionary measures provided for in Article 27(3)(e) of the Agreement may be adopted by the Commission in accordance with the advisory procedure referred to in Article 7(2) Article 7(1a ) of this Regulation. In cases of urgency, Article 7(3) shall apply. [AM 23] 2. Where the Commission is asked to take action by a Member State, it shall take a decision within a maximum period of five working days of receipt of the request."

3a. Article 5 is deleted. [AM 24]

4. The following article is added: "Article 7 1. The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (10). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 25] 2. 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 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 26] 3a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 27]

4a. The following article is added: "Article 7a 1. The Commission shall present a biannual report on the application and implementation of the Agreement to the European Parliament. The report shall include information about the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade. 2. The report shall also present a summary of the statistics and the evolution of trade with the Kingdom of Norway. 3. The report shall include information on the implementation of this Regulation. 4. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement. 5. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 28]

3A. COUNCIL REGULATION (EC) NO 3448/93 OF 6 DECEMBER 1993 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS (11) [AM 29]

As regards Regulation (EC) No 3448/93, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting detailed rules and amending Annex B to that Regulation. Moreover, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 3448/93 is amended as follows:

[AM 30]

1. The following Recital 17a is inserted: " Whereas, 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 should be delegated to the Commission in respect of adopting detailed rules for applying paragraphs 1 to 3 of Article 6 pursuant to Article 6(4), detailed rules for determining and managing reduced agricultural components pursuant to Article 7(2), and amending Table 2 of Annex B. It is of particular importance that the Commission 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; " [AM 31]

2. Recital 18 is replaced by the following: " Whereas, in order to ensure uniform conditions for the adoption of various measures and adopting detailed rules for communication between the Commission and Member States, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (12); [AM 32]

3. In Article 2, paragraph 4 is replaced by the following: " 4. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules for application of this Regulation. " [AM 33]

4. In Article 6(4), the first subparagraph is replaced by the following: " 4. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules for applying this Article. " [AM 34]

5. In Article 7(2), the introductory wording is replaced by the following: " 2. Where a preferential agreement provides for a reduction in the agricultural component, whether or not within the limits of a tariff quota, the Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules for determining and managing such reduced agricultural components, provided that the agreement specifies: " [AM 35]

6. In Article 7, paragraph 3 is replaced by the following: " 3. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed rules necessary for initiating and managing reductions in the non-agricultural components of the charge. " [AM 36]

7. Article 8 is amended as follows: (a) Paragraph 3 is replaced by the following: " 3. The common implementing rules for the refund arrangements referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 16(2). " (b) In paragraph 4, second subparagraph is replaced by the following: " These amounts shall be established in accordance with the examination procedure referred to in Article 16(2). The implementing rules which may be necessary pursuant to this paragraph, and in particular measures to ensure that goods declared for export under a preferential arrangement are not in fact exported under a non-preferential arrangement or vice versa, shall be adopted in accordance with the same procedure. " (c) Paragraph 6 is replaced by the following: " 6. The amount below which small exporters may be exempted from presentation of certificates under the export refund arrangements shall be set at EUR 50 000 per year. This ceiling may be adjusted, in accordance with the examination procedure referred to in Article 16(2). " [AM 37]

8. Article 9 is replaced by the following: "Article 9 Where, pursuant to a regulation on the common organisation of a particular market, levies, charges or other measures are applied to exports of an agricultural product listed in Annex A, appropriate measures with regard to certain goods the export of which is likely to hinder achievement of the objective in the agricultural sector in question, because of the high content of the agricultural product concerned and the uses to which they may be put, may be decided, in accordance with the examination procedure referred to in Article 16(2), taking due account of the specific interest of the processing industry. In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). " [AM 38]

9. In Article 10a(4), the first subparagraph is replaced by the following: " 4. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed implementing rules. " [AM 39]

10. In Article 11(1), the third subparagraph is replaced by the following: " The detailed rules for the application of the second subparagraph, making it possible to determine the basic products to be admitted under inward processing arrangements and check and plan the quantities thereof, shall guarantee greater clarity for operators through prior publication of indicative import quantities for each individual COM. These shall be published on a regular basis, depending on the use of such quantities. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b concerning detailed application rules. " [AM 40]

11. In Article 12, paragraph 2 is replaced by the following: " 2. The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b to amend Table 2 of Annex B in order to adapt it to the agreements concluded by the Union. " [AM 41]

12. In Article 13(2), the second subparagraph is replaced by the following: " The Commission shall be empowered to adopt delegated acts in accordance with Articles 14a and 14b to amend this Regulation. " [AM 42]

13. Article 14 is replaced by the following: "Article 14 1. The threshold or thresholds below which the amounts established in accordance with Articles 6 and 7 shall be fixed at zero may be laid down in accordance with the examination procedure referred to in Article 16(2). In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). The non-application of these agricultural components may be made subject to special conditions, in accordance with the same procedure, in order to avoid creating artificial trade flows. 2. A threshold below which Member States may refrain from applying amounts to be granted or levied pursuant to this Regulation, in connection with a given economic transaction, may be established in accordance with the examination procedure referred to in Article 16(2) if the balance of these amounts is lower than the threshold. In case of urgency the Commission shall adopt immediately applicable provisional measures in accordance with the procedure referred to Article 16(3). " [AM 43]

14. The following article is inserted: "Article 14a The Commission shall be empowered to adopt delegated acts in accordance with Article 14b concerning detailed rules for applying Article 4(1) and (2), for applying paragraphs 1 to 3 of Article 6 pursuant to Article 6(4), for determining and managing reduced agricultural components pursuant to Article 7(2), and to amend Table 2 of Annex B. " [AM 44]

15. The following article is inserted: "Article 14b 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for a period of five years from … (13). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision 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 four months at the initiative of the European Parliament or the Council. [AM 319]

16. Article 16 is replaced by the following: "Article 16 1. The Commission shall be assisted by a committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I (hereinafter referred to as 'the Committee'). 2. 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 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. 4. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. " [AM 320]

17. Article 17 is deleted. [AM 46]

18. Article 18 is replaced by the following: "Article 18 The measures necessary to adapt this Regulation to amendments made to the Regulations on the common organisation of the market in agricultural products in order to maintain the existing arrangements shall be adopted in accordance with the examination procedure referred to in Article 16(2). " [AM 47]

19. Article 20 is replaced by the following: "Article 20 The Member States shall communicate to the Commission the information necessary for implementing this Regulation, on the one hand, on imports, exports and, even where appropriate, production of the goods and, on the other, on the administrative implementing measures adopted. The detailed rules for communication of this information shall be laid down in accordance with the examination procedure referred to in Article 16(2). " [AM 48]

4. COUNCIL REGULATION (EC) NO 3286/94 OF 22 DECEMBER 1994 LAYING DOWN COMMUNITY PROCEDURES IN THE FIELD OF THE COMMON COMMERCIAL POLICY IN ORDER TO ENSURE THE EXERCISE OF THE COMMUNITY’S RIGHTS UNDER INTERNATIONAL TRADE RULES, IN PARTICULAR THOSE ESTABLISHED UNDER THE AUSPICES OF THE WORLD TRADE ORGANIZATION (14)

As regards Regulation (EC) No 3286/94, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 3286/94 is amended as follows:

-1. The following Recital 4a is inserted: " Whereas, in order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (15); [AM 49]

-1a. The following Recital 4b is inserted: " Whereas the advisory procedure should be used for the suspension of ongoing examinations given the effects of those measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures; " [AM 50]

-1b. Recital 9 is replaced by the following: " Whereas regard should be paid to the institutional and procedural provisions of Article 207 of the Treaty; whereas, therefore, the European Parliament and the committee established pursuant to that Article should be kept informed of the development of individual cases, in order to enable them to consider their broader policy implications; " [AM 51]

-1c. Recital 10 is replaced by the following: " Whereas, moreover, to the extent that an agreement with a third country appears to be the most appropriate means to resolve a dispute arising from an obstacle to trade, negotiations to this end should be conducted in accordance with the procedures established in Article 207 of the Treaty, in particular in consultation with the committee established thereby and with the European Parliament; " [AM 52]

1. In Article 5, paragraph 3 is replaced by the following: "3. Where it becomes apparent that the complaint does not provide sufficient evidence to justify initiating an investigation, then the complainant shall be so informed."

2. In Article 6, paragraph 4 is replaced by the following: "4. Where it becomes apparent that the request does not provide sufficient evidence to justify initiating an investigation, then the Member State shall be so informed."

3. Article 7 is amended as follows: (a) The heading of the Article is replaced by the heading "Committee procedure" (b) Paragraph 1 is replaced by the following: "1. (a) The Commission shall be assisted by the Trade Barriers Committee, hereinafter referred to as ‘the Committee’. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. (aa) Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 53] (b) Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. (ba) Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. " [AM 54] (c) In paragraph 2, the first two sentences are deleted. (d) Paragraphs 3 and 4 are deleted.

4. In Article 8(1), the introductory wording is replaced by the following: "1. Where it is apparent to the Commission that there is sufficient evidence to justify initiating an examination procedure and that it is necessary in the interest of the Union, the Commission shall act as follows:".

5. In Article 9(2), point (a) is replaced by the following: "(a) Neither the Commission, nor Member States, nor the officials of any of these, shall reveal any information of a confidential nature received pursuant to this Regulation, or any information provided on a confidential basis by a party to an examination procedure, without specific permission from the party submitting such information."

6. Article 11 is amended as follows: (a) Paragraph 1 is replaced by the following: "1. When it is found as a result of the examination procedure that the interests of the Union do not require any action to be taken, the procedure shall be terminated by the Commission acting in accordance with the examination procedure referred to in Article 7(1)(b). The chair may obtain the committee's opinion by means of the written procedure referred to in Article 7(1)(ba). " [AM 55] (b) In paragraph 2, point (a) is replaced by the following: "(a) When, after an examination procedure, the third country or countries concerned take(s) measures which are considered satisfactory, and therefore no action by the Union is required, the procedure may be suspended by the Commission acting in accordance with the advisory procedure referred to in Article 7(1)(b) Article 7(1)(aa) ." [AM 56] (c) Paragraph 3 is replaced by the following: "3. Where, either after an examination procedure, or at any time before, during and after an international dispute settlement procedure, it appears that the most appropriate means to resolve a dispute arising from an obstacle to trade is the conclusion of an agreement with the third country or countries concerned, which may change the substantive rights of the Union and of the third country or countries concerned, the procedure shall be suspended by the Commission acting in accordance with the advisory procedure referred to in Article 7(1)(b) Article 7(1)(aa) , and negotiations shall be carried out in accordance with the provisions of Article 207 of the Treaty." [AM 57]

7. Article 13 is replaced by the following: "Article 13 Decision-making procedures 1. Where the Union, as a result of a complaint pursuant to Articles 3 or 4, or of a referral pursuant to Article 6, follows formal international consultation or dispute settlement procedures, decisions relating to the initiation, conduct or termination of such procedures shall be taken by the Commission. 2. Where the Union, having acted in accordance with Article 12(2), has to take a decision on the measures of commercial policy to be adopted pursuant to Article 11(2)(c) or pursuant to Article 12, it shall act, without delay, in accordance with Article 207 of the Treaty and, as appropriate, any applicable procedures."

7a. The following article is inserted: "Article 13a Report The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission and the Trade Barriers Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 58]

8. Article 14 is deleted.

5. COUNCIL REGULATION (EC) NO 385/96 OF 29 JANUARY 1996 ON PROTECTION AGAINST INJURIOUS PRICING OF VESSELS (16)

As regards Regulation (EC) No 385/96, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 385/96 is amended as follows:

-1. Recital 25 is replaced by the following: "(25) Whereas, in order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (17). [AM 59]

1. In Article 5, paragraph 11 is replaced by the following: "11. Without prejudice to Article 15(2), where it is apparent that there is sufficient evidence to justify initiating a proceeding the Commission shall do so within 45 days of the lodging of the complaint, or, in case of initiation pursuant to paragraph 8, no later than six months from the time the sale of the vessel was known or should have been known, and shall publish a notice in the Official Journal of the European Union. Where insufficient evidence has been presented, the complainant shall be so informed within 45 days of the date on which the complaint is lodged with the Commission."

2. Article 7 is amended as follows: (a) Paragraph 2 is replaced by the following: "2. Where measures are unnecessary the investigation or proceedings shall be terminated. The Commission shall terminate the investigation in accordance with the examination procedure referred to in Article 10(2). The chair may obtain the committee's opinion by means of the written procedure referred to in Article 10(2a). " [AM 60] (b) Paragraph 4 is replaced by the following: "4. Where the facts as finally established show that there is injurious pricing and injury caused thereby, an injurious pricing charge shall be imposed on the shipbuilder by the Commission, in accordance with the examination procedure referred to in Article 10(2). The amount of the injurious pricing charge shall be equal to the margin of injurious pricing established. The Commission shall take the necessary measures for the implementation of its decision, in particular the collection of the injurious pricing charge."

3. In Article 8, the first paragraph is replaced by the following: "The investigation may be terminated without the imposition of an injurious pricing charge if the shipbuilder definitively and unconditionally voids the sale of the injuriously priced vessel or complies with an alternative equivalent remedy accepted by the Commission."

4. In Article 9, paragraph 1 is replaced by the following: "1. If the shipbuilder concerned does not pay the injurious pricing charge imposed under Article 7, countermeasures under the form of denial of loading and unloading rights shall be imposed by the Commission on the vessels built by the shipbuilder in question."

5. Article 10 is replaced by the following: "Article 10 Committee procedure 1. The Commission shall be assisted by the Injurious Pricing of Vessels 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 5 of Regulation (EU) No 182/2011 shall apply. 2a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. " [AM 61]

6. In Article 13, paragraph 5 is replaced by the following: “5. The Commission and Member States, or the officials of any of these, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from the supplier. Exchanges of information between the Commission and Member States, or any internal documents prepared by the authorities of the Union or its Member States, shall not be divulged except as specifically provided for in this Regulation.”

7. In Article 14, paragraph 3 is replaced by the following: “3. Disclosure shall be effected in writing. It shall be effected, due regard being had to the need to protect confidential information, as soon as possible and, normally, not less than one month before a definitive decision. Where the Commission is not in a position to disclose certain facts or considerations at that time, these shall be disclosed as soon as possible thereafter. Disclosure shall not prejudice any subsequent decision which may be taken by the Commission but, where such a decision is based on any different facts and considerations, these shall be disclosed as soon as possible.”

7a. The following article is inserted: "Article 14a Report The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission and the Injurious Pricing of Vessels Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 62]

6. COUNCIL REGULATION (EC) NO 2271/96 OF 22 NOVEMBER 1996 PROTECTING AGAINST THE EFFECTS OF THE EXTRA-TERRITORIAL APPLICATION OF LEGISLATION ADOPTED BY A THIRD COUNTRY, AND ACTIONS BASED THEREON OR RESULTING THEREFROM (18)

As regards Regulation (EC) No 2271/96, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the Annex to that Regulation. Moreover, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 2271/96 is amended as follows:

-1. Recital 9 is replaced by the following: "(9) Whereas, in order to ensure uniform conditions for establishing criteria for the authorisation of persons to comply fully or partially, to the extent that non-compliance would seriously damage their interests or those of the Union, with any requirement or prohibition, including requests of foreign courts, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (19); [AM 63]

-1a. The following Recital 9a is inserted: " (9a) Whereas, 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 should be delegated to the Commission in respect of adding or deleting laws to or from the list in the Annex to 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:" [AM 64]

1. In Article 1, the second paragraph is replaced by the following: "Acting in accordance with the relevant provisions of the Treaty and notwithstanding the provisions of Article 7(c), the Commission may adopt delegated acts in accordance with Articles 11a, 11b and 11c to add or delete laws to or from the Annex to this Regulation."

2. Article 8 is replaced by the following: "Article 8 1. For the purposes of implementating Article 7(b) and (c), the Commission shall be assisted by the Committee on Extra-territorial Legislation. That Those implementing acts shall be adopted in accordance with the examination procedure referred to in paragraph 2 of this Article. The committee shall be a committee within the meaning of Regulation (EU) No […./2011] 182/2011 . [AM 65] 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 2a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. " [AM 66]

3. The following articles are inserted: "Article 11a 1. The powers The Commission shall be empowered to adopt the delegated acts in accordance with referred to in Article 1 shall be conferred on the Commission for an indeterminate period of time concerning the addition or deletion of laws to or from the Annex to this Regulation . 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 11b and 11c. [AM 67] Article 11b 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. [AM 68] 2. The institution which has commenced an internal procedure for deciding whether to revoke the power to adopt delegated acts shall endeavour referred to inform in Article 1 shall be conferred on the other institution and the Commission within for a reasonable time period of five years from … (20) . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the final decision is taken, indicating end of the delegated powers which could five-year period. The delegation of power shall be subject to revocation and possible reasons tacitly extended for a revocation periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period . [AM 321] 3. The decision of revocation shall put an end to the delegation of the powers The delegation of power referred to in Article 1 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect immediately 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 the any delegated acts already in force. It shall be published in the Official Journal of the European Union. 3a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. [AM 68] 3b. A delegated act adopted pursuant to Article 1 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or of the Council. [AM 322] Article 11c 1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act." [AM 69]

7. COUNCIL REGULATION (EC) NO 1515/2001 OF 23 JULY 2001 ON THE MEASURES THAT MAY BE TAKEN BY THE COMMUNITY FOLLOWING A REPORT ADOPTED BY THE WTO DISPUTE SETTLEMENT BODY CONCERNING ANTI-DUMPING AND ANTI-SUBSIDY MATTERS (21)

As regards Regulation (EC) No 1515/2001, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 1515/2001 is amended as follows:

-1. The following recital is added: " (6a) In order to ensure uniform conditions for adopting or suspending measures to comply with the recommendations and rulings of the WTO Dispute Settlement Body, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (22). [AM 70]

-1a. The following recital is added: "(6b) The advisory procedure should be used for the suspension of measures for a limited period of time given the effects of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures." [AM 71]

1. Article 1 is amended as follows: (a) In paragraph 1, the introductory wording is replaced by the following: "1. Whenever the DSB adopts a Report concerning a Union measure taken pursuant to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (23), Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (24) or to this Regulation ("disputed measure"), the Commission may take one or more of the following measures, whichever it considers appropriate, in accordance with the examination procedure referred to in Article 3a(2): (aa) In paragraph 1, point (b) is replaced by the following: "(b) adopt any other special measures implementing a legislative act which are deemed to be appropriate in the circumstances." [AM 72] (b) Paragraph 3 is replaced by the following: "3. Insofar as it is appropriate to conduct a review before or at the same time as taking any measures under paragraph 1, that review shall be initiated by the Commission." (c) Paragraph 4 is replaced by the following: "4. Insofar as it is appropriate to suspend the disputed or amended measure, such suspension shall be granted for a limited period of time by the Commission, acting in accordance with the advisory procedure referred to in Article 3a(2) Article 3a(1a) ." [AM 73]

2. Article 2 is amended as follows: (a) Paragraph 1 is replaced by the following: "1. The Commission may also take any of the measures mentioned in Article 1(1) in order to take into account the legal interpretations made in a report adopted by the DSB with regard to a non-disputed measure, if it considers this appropriate." (b) Paragraph 3 is replaced by the following: "3. Insofar as it is appropriate to conduct a review before or at the same time as taking any measures under paragraph 1, that review shall be initiated by the Commission." (c) Paragraph 4 is replaced by the following: "4. Insofar as it is appropriate to suspend the non-disputed or amended measure, that suspension shall be granted for a limited period of time by the Commission, acting in accordance with the advisory procedure referred to in Article 3a(2) Article 3a(1a) ." [AM 74]

3. The following article is inserted: "Article 3a 1. The Commission shall be assisted by the Anti-Dumping Committee established by Article 15(1) of Regulation (EC) No 1225/2009 or by the Anti-subsidy Committee established by Article 25(1) of Regulation (EC) No 597/2009 as the case may be. These committees shall be committees within the meaning of Regulation (EU) No 182/2011. 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 75] 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 2a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. " [AM 76]

3a. The following article is inserted: "Article 3b The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities, proceedings, and decisions of the Commission, of the Anti-Dumping Committee, and of the Anti-Subsidy Committee. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 77]

8. COUNCIL REGULATION (EC) NO 2248/2001 OF 19 NOVEMBER 2001 ON CERTAIN PROCEDURES FOR APPLYING THE STABILISATION AND ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF CROATIA, OF THE OTHER PART AND FOR APPLYING THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF CROATIA (25)

As regards Regulation (EC) No 2248/2001, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 2248/2001 is amended as follows:

-1. Recital 6 is replaced by the following: " (6) Implementing Acts of the Commission amending the Combined Nomenclature and TARIC codes do not entail any substantive changes. " [AM 78]

-1a. Recital 10 is replaced by the following: " (10) In order to ensure uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (26). [AM 79]

-1b. The following recital is added: " (10a) The advisory procedure should be used for the adoption of immediate measures in case of exceptional and critical circumstances given the effects of those measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures. " [AM 80]

-1c. The following recital is added: " (10b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 25(4)(b) and Article 26(4) of the Interim Agreement, and thereafter Article 38(4)(b) and Article 39(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require. " [AM 81]

-1d. Article 2 is replaced by the following: "Article 2 Concessions on baby-beef Detailed rules for the implementation of Article 14(2) of the Interim Agreement, and thereafter Article 27(2) of the Stabilisation and Association Agreement, concerning the tariff quota for ‘baby-beef’ products shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. " [AM 82]

-1e. Article 3 is deleted. [AM 83]

-1f. Article 4 is replaced by the following: "Article 4 Concessions on fishery products Detailed rules for the implementation of Article 15(1) of the Interim Agreement, and thereafter Article 28(1) of the Stabilisation and Association Agreement, concerning the tariff quotas for fish and fishery products listed in Annex Va of both Agreements, shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. " [AM 84]

-1g. Article 5 is deleted. [AM 85]

-1h. Article 7 is replaced by the following: "Article 7 Technical adaptations Amendments and technical adaptations to the detailed rules on implementation adopted pursuant to this Regulation, which are necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, exchanges of letters or other acts between the Union and Croatia, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 7fa(5). " [AM 86]

1. Article 7a is amended as follows: (a) The following paragraphs 3a and 3b are inserted: "3a. Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/2011] shall apply. 3b. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof." (a) Paragraphs 2, 3 and 4 are deleted. [AM 87] (b) In paragraph 6, the first subparagraph is replaced by the following: "On the completion of the consultations, and if no other arrangement proves possible, the Commission may decide in accordance with the examination procedure referred to in Article 7a(3a) Article 7fa(5) of this Regulation either not to act or to adopt appropriate measures provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement. In cases of urgency, Article 7a(3b) Article 7fa(7) of this Regulation shall apply." [AM 88] (c) Paragraphs 7, 8 and 9 are deleted.

2. Article 7b is replaced by the following: "Article 7b Exceptional and critical circumstances Where exceptional and critical circumstances arise within the meaning of Article 25(4)(b) and Article 26(4) of the Interim Agreement, and thereafter Article 38(4)(b) and Article 39(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 25 and 26 of the Interim Agreement, and thereafter Articles 38 and 39 of the Stabilisation and Association Agreement, in accordance with the advisory procedure referred to in Article 7a(3a) Article 7fa(4) of this Regulation. In cases of urgency, Article 7a(3b) Article 7fa(6) shall apply. [AM 89] If the Commission receives a request from a Member State, it shall take a decision thereon within five working days of receipt of the request."

3. In Article 7e, the second sentence of paragraph 1 is replaced by the following: "Where necessary it shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7a(3a) Article 7fa(5) , except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (27) applies, where measures shall be taken in accordance with the procedures laid down in that Regulation. [AM 90]

3a. Article 7f is amended as follows: (a) Paragraph 3 is replaced by the following: "3. Pending a mutually satisfactory solution having been reached in the consultations referred to in paragraph 2 of this Article, the Commission may decide on other appropriate measures it deems necessary in accordance with Article 30 of the Interim Agreement, and thereafter Article 43 of the Stabilisation and Association Agreement, as well as with the examination procedure referred to in Article 7fa(5) of this Regulation." (b) Paragraphs 4, 5, and 6 are deleted. [AM 91]

3b. The following article is inserted: "Article 7fa Committee procedure 1. For the purposes of Article 2 the Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. For the purpose of Article 4 the Commission shall be assisted by the Customs Code Committee established by Article 248a of Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 3. For the purpose of Articles 7a, 7b, 7e and 7f the Commission shall be assisted by the Advisory Committee established by Article 4 of Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports (28). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 6. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. 7. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 5 thereof. 8. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 92]

9. COUNCIL REGULATION (EC) NO 153/2002 OF 21 JANUARY 2002 ON CERTAIN PROCEDURES FOR APPLYING THE STABILISATION AND ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, OF THE OTHER PART, AND FOR APPLYING THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA (29),

As regards Regulation (EC) No 153/2002, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 153/2002 is amended as follows:

-1. Recital 6 is replaced by the following: " (6) Implementing Acts of the Commission amending the Combined Nomenclature and TARIC codes do not entail any substantive changes. " [AM 93]

-1a. Recital 11 is replaced by the following: " (11) In order to ensure uniform conditions for adopting detailed rules for the implementation of various provisions of the Stabilisation and Association Agreement, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (30). [AM 94]

-1b. The following recital is added: " (11a) The advisory procedure should be used for the adoption of immediate measures in case of exceptional and critical circumstances given the effects of those measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures. " [AM 95]

-1c. The following recital is added: " (11b) The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances arising within the meaning of Article 24(4)(b) and Article 25(4) of the Interim Agreement, and thereafter Article 37(4)(b) and Article 38(4) of the Stabilisation and Association Agreement, imperative grounds of urgency so require. " [AM 96]

-1d. Article 2 is replaced by the following: "Article 2 Concessions on baby-beef Detailed rules for the implementation of Article 14(2) of the Interim Agreement, and thereafter Article 27(2) of the Stabilisation and Association Agreement, concerning the tariff quota for ‘baby-beef’ products shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. " [AM 97]

-1e. Article 3 is deleted. [AM 98]

-1f. Article 4 is replaced by the following: "Article 4 Further concessions If additional concessions for fishery products are granted within tariff quotas, pursuant to Article 29 of the Stabilisation and Association Agreement and to Article 16 of the Interim Agreement, detailed rules for the implementation of these tariff quotas shall be adopted by the Commission in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. " [AM 99]

-1g. Article 5 is deleted. [AM 100]

-1h. Article 7 is replaced by the following: "Article 7 Technical adaptations Amendments and technical adaptations to the detailed rules on implementation adopted pursuant to this Regulation, which are necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, exchanges of letters or other acts between the Union and the Former Yugoslav Republic of Macedonia, and which shall not entail any substantive changes, shall be adopted in accordance with the examination procedure referred to in Article 7fa(5) of this Regulation. " [AM 101]

1. Article 7a is amended as follows: (a) The following paragraphs 3a and 3b are inserted: "3a. Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/2011] shall apply. 3b. Where reference is made to this paragraph, Article [8] of Regulation (EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof." (a) Paragraphs 2, 3 and 4 are deleted. [AM 102] (b) In paragraph 6, the first subparagraph is replaced by the following: "On the completion of the consultations, and if no other arrangement proves possible, the Commission may decide in accordance with the examination procedure referred to in Article 7a(3a) Article 7fa(5) of this Regulation either not to act or to adopt appropriate measures provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement. In cases of urgency, Article 7a(3b) Article 7fa(7) of this Regulation shall apply." [AM 103] (c) Paragraphs 7, 8 and 9 are deleted.

2. Article 7b is replaced by the following: "Article 7b Exceptional and critical circumstances Where exceptional and critical circumstances arise within the meaning of Article 24(4)(b) and Article 25(4) of the Interim Agreement, and thereafter Article 37(4)(b) and Article 38(4) of the Stabilisation and Association Agreement, the Commission may take immediate measures as provided for in Articles 24 and 25 of the Interim Agreement, and thereafter Articles 37 and 38 of the Stabilisation and Association Agreement, in accordance with the advisory procedure referred to in Article 7a(3a) Article 7fa(4) of this Regulation. In cases of urgency, Article 7a(3b) Article 7fa(6) shall apply. [AM 104] If the Commission receives a request from a Member State, it shall take a decision thereon within five working days of receipt of the request."

3. In Article 7e, the second sentence of paragraph 1 is replaced by the following: "Where necessary it shall adopt safeguard measures in accordance with the examination procedure referred to in Article 7a(3a) Article 7fa(5) , except in the cases of aid to which Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (31) applies, where measures shall be taken in accordance with the procedures laid down in that Regulation. [AM 105]

3a. Article 7f is amended as follows: (a) Paragraph 3 is replaced by the following: " 3. Pending a mutually satisfactory solution having been reached in the consultations referred to in paragraph 2 of this Article, the Commission may decide on other appropriate measures it deems necessary in accordance with Article 30 of the Interim Agreement, and thereafter Article 43 of the Stabilisation and Association Agreement, as well as with the examination procedure referred to in Article 7fa(5) of this Regulation. " (b) Paragraphs 4, 5, and 6 are deleted. [AM 106]

3b. The following article is inserted: "Article 7fa Committee procedure 1. For the purposes of Article 2 the Commission shall be assisted by the Committee provided for in Article 42 of Regulation (EC) No 1254/1999. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. For the purpose of Article 4 the Commission shall be assisted by the Customs Code Committee established by Article 248a of Regulation (EEC) No 2913/92. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 3. For the purpose of Articles 7a, 7b, 7e and 7f the Commission shall be assisted by the Advisory Committee established by Article 4 of Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports (32). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 5. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 6. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 4 thereof. 7. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011 shall apply in conjunction with Article 5 thereof. 8. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 107]

10. COUNCIL REGULATION (EC) NO 427/2003 OF 3 MARCH 2003 ON A TRANSITIONAL PRODUCT-SPECIFIC SAFEGUARD MECHANISM FOR IMPORTS ORIGINATING IN THE PEOPLE'S REPUBLIC OF CHINA AND AMENDING REGULATION (EC) NO 519/94 ON COMMON RULES FOR IMPORTS FROM CERTAIN THIRD COUNTRIES (33)

As regards Regulation (EC) No 427/2003, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending Annex I to Regulation (EC) No 625/2009. Moreover , implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of Regulation (EC) No 427/2003 in accordance with Regulation (EU) No [xxxx/2011] 182/2011 . [AM 108]

Accordingly, Regulation (EC) No 427/2003 is amended as follows:

-1. The following recital is inserted: " (21a) In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amendments of Annex I to Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (34), in order to remove countries from the list of third countries contained in that Annex when they become members of the WTO. 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. [AM 109]

-1a. Recital 22 is replaced by the following: " (22) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (35). [AM 110]

-1b. The following recital is inserted: " (22a) The advisory procedure should be used for the adoption of surveillance and provisional measures given the effects of those measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures. " [AM 111]

-1c. In Article 5, paragraph 1 is replaced by the following: " 1. An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission's own initiative if it is apparent to the Commission that there is sufficient evidence to justify the initiation of an investigation. " [AM 112]

-1d. In Article 5, the following paragraph is inserted: " 2a. The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 1(1) are met. The request shall generally contain the following information: the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. An investigation may also be initiated in the event that there is a surge of imports concentrated in one or several Member States, provided that there is sufficient evidence that the conditions for initiation are met, as determined on the basis of factors referred to in Article 2(2) and Article 3. " [AM 113]

1. In Article 5, paragraph 4 is replaced by the following: "4. Where it is apparent that there is sufficient evidence to justify initiating a proceeding and any consultations under paragraph 3 have not led to a mutually satisfactory solution, the Commission shall publish a notice in the Official Journal of the European Union."

1a. The following article is inserted: "Article 6a Prior surveillance measures 1. Where the trend in imports of a product originating in the People's Republic of China is such that it could lead to one of the situations referred to in Articles 2 and 3, imports of that product may be subject to prior surveillance measures. 2. In the event that there is a surge of imports of products falling into sensitive sectors concentrated in one or several Member States, the Commission may introduce prior surveillance measures. 3. Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 15(1a). 4. Prior surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second 6-month period following the first 6 months after the measures were introduced. " [AM 114]

2. Article 7 is amended as follows: (a) In paragraph 1, the second and third sentences are replaced by the following: "The Commission shall take such provisional measures in accordance with the advisory procedure referred to in Article 15(2) Article 15(1a) . In cases of urgency, Article 15(3) shall apply." [AM 115] (b) Paragraph 3 is deleted.

3. Article 8 is replaced by the following: "Article 8 Termination without measures Where bilateral safeguard measures are deemed unnecessary the investigation or proceeding shall be terminated in accordance with the examination procedure referred to in Article 15(2)."

4. Article 9 is amended as follows: (a) Paragraph 2 is replaced by the following: "2. If the consultations referred to in paragraph 1 of this Article do not lead to a mutually satisfactory solution within 60 days of the receipt of a request for consultations, a definitive safeguard or trade diversion measure shall be imposed in accordance with the examination procedure referred to in Article 15(2)." (b) Paragraphs 3 to 6 are deleted.

4a. In Article 12, paragraph 3 is replaced by the following: " 3. While any safeguard measure is in operation, consultations shall be held within the Committee, either at the request of a Member State or on the initiative of the Commission, in order to examine the effects of the measure and to ascertain whether its application is still necessary. " [AM 117]

5. In Article 12, paragraph 4 is replaced by the following: "4. Where the Commission considers that any safeguard measure should be revoked or amended, it shall revoke or amend the safeguard measures in accordance with the examination procedure referred to in Article 15(2) ." [AM 118]

6. In Article 14, paragraph 4 is replaced by the following: "4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission for a period of nine months. The suspension may be extended for a further period, not exceeding one year, in accordance with the advisory procedure referred to in Article 15(2) Article 15(1a) . Measures may only be suspended where market conditions have temporarily changed to an extent that market disruption would be unlikely to resume as a result of the suspension. Measures may, at any time and after consultation, be reinstated if the reason for suspension is no longer applicable." [AM 119]

6a. The following article is inserted: "Article 14a Conferral of powers The Commission shall be empowered to adopt delegated acts in accordance with Article 14b concerning amendments of Annex I to Regulation (EC) No 625/2009, in order to remove countries from the list of third countries contained in that Annex when they become members of the WTO. " [AM 120]

6b. The following article is inserted: "Article 14b Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 22(3) shall be conferred on the Commission for a period of five years from … (36). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 22(3) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 22(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or the Council. [AM 323]

7. Article 15 is replaced by the following: "Article 15 Committee procedure 1. The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (37). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1a. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. [AM 122] 2. 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 8 of Regulation (EU) No [xxxx/2011] 182/2011 shall apply in conjunction with Article [5] Article 4 thereof. [AM 123] 4. Pursuant to Article 3(5) of Regulation (EU) No 182/2011 where recourse is made to written procedure, such procedure shall be terminated without result where, within the time limit set down by the chair, the chair so decides or a majority of committee members as defined in Article 5(1) of Regulation (EU) No 182/2011 so request.

8. In Article 17, paragraph 5 is replaced by the following: "5. The Commission and the Member States, or the officials of any of these, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from the supplier. Exchanges of information between the Commission and Member States, or any information relating to consultations made pursuant to Article 12, or consultations described in Article 5(3) and Article 9(1), or any internal documents prepared by the authorities of the Union or its Member States, shall not be divulged to the public or any party to the proceeding except as specifically provided for in this Regulation."

9. In Article 18(4), the fourth sentence is replaced by the following: "Disclosure shall not prejudice any subsequent decision which may be taken by the Commission but where such a decision is based on any different facts and considerations, these shall be disclosed as soon as possible."

10. In Article 19, paragraphs 5 and 6 are replaced by the following: "5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Committee. 6. The parties which have acted in conformity with paragraph 2 may request the facts and considerations on which final decisions are likely to be taken to be made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission."

10a. The following article is inserted: "Article 19a Report 1. The Commission shall present an annual report on the application and implementation of this Regulation to the European Parliament. The report shall include information about the activities of the Commission, the Committee, and all other bodies responsible for implementing this Regulation and fulfilment of the obligations arising therefrom, including obligations concerning barriers to trade. 2. The report shall also present a summary of the statistics and the evolution of trade with China. 3. The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the application of this Regulation. 4. No later than six months after presenting the report to the European Parliament, the Commission shall make the report public. " [AM 124]

10b. In Article 22, paragraph 3 is deleted. [AM 125]

11. COUNCIL REGULATION (EC) NO 452/2003 OF 6 MARCH 2003 ON MEASURES THAT THE COMMUNITY MAY TAKE IN RELATION TO THE COMBINED EFFECT OF ANTI-DUMPING OR ANTI-SUBSIDY MEASURES WITH SAFEGUARD MEASURES (38)

As regards Regulation (EC) No 452/2003, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 452/2003 is amended as follows:

-1. The following recital is inserted: " (10a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (39). [AM 126]

1. In Article 1(1), the introductory wording is replaced by the following: "Where the Commission considers that a combination of anti-dumping or anti-subsidy measures with safeguard tariff measures on the same imports could lead to effects greater than is desirable in terms of the Union's trade defence policy, it may adopt such of the following measures implementing a legislative act as it deems appropriate in accordance with the examination procedure referred to in Article 2a(2):" [AM 127]

2. The following article is inserted: "Article 2a 1. The Commission shall be assisted by the Anti-Dumping Committee established by Article 15(1) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (40). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 2a. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request. [AM 128]

12. 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 (41)

As regards Regulation (EC) No 673/2005, the power to repeal that Regulation is given to the Council. This power should be removed, and Article 207 of the Treaty should apply to the repeal of this Regulation.

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

Article 7 is deleted.

12A. COUNCIL REGULATION (EC) NO 1236/2005 OF 27 JUNE 2005 CONCERNING TRADE IN CERTAIN GOODS WHICH COULD BE USED FOR CAPITAL PUNISHMENT, TORTURE OR OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (42) [AM 129]

As regards Regulation (EC) No 1236/2005, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the Annexes to that Regulation.

Accordingly, Regulation (EC) No 1236/2005 is amended as follows:

[AM 130]

1. Recital 25 is replaced by the following: " (25) In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending Annexes II, III, IV and V to 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. " [AM 131]

2. In Article 12, paragraph 2 is replaced by the following: " 2. The Commission shall be empowered to adopt delegated acts in accordance with Article 15a to amend Annexes II, III, IV and V. " [AM 132]

3. Article 15 is deleted. [AM 133]

4. The following article is inserted: "Article 15a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 15 shall be conferred on the Commission for a period of five years from … (43). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 15 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or the Council. [AM 324]

5. Article 16 is deleted. [AM 135]

13. COUNCIL REGULATION (EC) NO 1616/2006 OF 23 OCTOBER 2006 ON CERTAIN PROCEDURES FOR APPLYING THE STABILISATION AND ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES, OF THE ONE PART, AND THE REPUBLIC OF ALBANIA, OF THE OTHER PART, AND FOR APPLYING THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE REPUBLIC OF ALBANIA (44)

As regards Regulation (EC) No 1616/2006, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

Accordingly, Regulation (EC) No 1616/2006 is amended as follows:

-