Proposal for a REGULATION 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
Date: 2011-03-07
Institutions: European Commission
Subjects: Treaty of Lisbon, common commercial policy, competence of the institution, export monitoring, export policy, export restriction, import price, quantitative restriction

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EUROPEAN COMMISSION 

Brussels, 7.3.2011 
COM(2011) 82 final 

2011/0039 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain regulations relating to the common commercial policy as regards the 
procedures for the adoption of certain measures 

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EXPLANATORY MEMORANDUM 

1. 

INTRODUCTION  

The  entry  into  force  of  the  Treaty  of  Lisbon  has  led  to  significant  changes  both  in  the 
framework for the adoption of delegated and implementing acts and for the conduct of trade 
policy. 

As regards the adoption of delegated and implementing acts the Treaty on the Functioning of 
the  European  Union  (hereinafter  "the  Treaty")  clearly  distinguishes  between  delegated  and 
implementing acts. 

–  The  provisions  of  the  Treaty  on  delegated  acts,  which  are  set  out  in  Article  290  of  the 
Treaty on the Functioning of the European Union, provide for the legislator to control the 
exercise  of  the  Commission's  powers  by  means  of  a  right  of  revocation  and/or  a  right  of 
objection.  

–  The provisions of the Treaty on implementing acts, which are set out in Article 291, do not 
provide any role for the European Parliament and the Council to control the Commission's 
exercise  of  implementing  powers.  Such  control  can  only  be  exercised  by  the  Member 
States. A legal framework is required to establish the mechanisms of such control. 

As  regards  trade  policy,  the  Treaty  of  Lisbon  makes  the  European  Parliament  co-legislator 
and its consent is required for the conclusion of agreements. 

On  9  March  2010  the  Commission  adopted  a  proposal  for  a  regulation  of  the  European 
Parliament  and  of  the  Council  laying  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of  implementing 
powers1.  One  of  the  key  objectives  of  this  proposal  is  to  provide  that  the  control  of  the 
Commission's  exercise  of  its  implementing  powers  is  conducted  not  by  the  Council  or  the 
European Parliament but by the Member States as is required by Article 291 of the Treaty. In 
the  proposal,  this  is  achieved  by  the  creation  of  procedures  (the  advisory  and  examination 
procedures)  whereby  the  Commission's  implementing  acts  are  subject  to  control  by  the 
Member  States  combined  with  an  automatic  alignment2  of  existing  procedures  established 
under  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the 
exercise  of  implementing  powers  conferred  on  the  Commission3.  In  this  manner,  the 
Commission's  proposal  will  bring 
the  Commission's 
implementing  acts  in  those  areas  where  the  procedures  laid  down  in  Council  Decision 
1999/468/EC  apply  in  line  with  the  requirements  of  Article  291  whereby  it  is  the  Member 
States and not the legislators that exercise such control. These main features were preserved in 
the  text  adopted  in  the  first  reading  legislative  resolution  of  the  European  Parliament  on  16 
December 2010 and in the undertakings given by the Council representative in its letter of 1 
December 2010. The Regulation of the European Parliament and of the Council laying down 
the rules and general principles concerning mechanisms for control by Member States of the 
Commission’s  exercise  of  implementing  power  is  expected  to  enter  into  force  on  1st  March 
2011. 

the  exercise  of  control  over 

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3 

COM(2010)83 final of 9.3.2010, 2010/0051 (COD). 
See Article 10 of the Commission's proposal. 
OJ L 184, 17.7.1999, p. 23. 

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As noted in the Commission's proposal of 9 March 20104, the adaptation of existing basic acts 
provided for in Article 135 will not operate, however, for a significant number of basic acts in 
the field of the common commercial policy. These basic acts were not previously subject to 
the  procedures  laid  down  in  Council  Decision  1999/468/EC  of  28  June  1999.  The  current 
proposal addresses procedures for the control or adoption of acts in twenty four basic acts in 
the  field  of  the  common  commercial  policy  not  previously  subject  to  Council  Decision 
1999/468/EC. 

There is another act which would in principle fall under the scope of this proposal. This act is 
Council Regulation (EEC) No 1842/71 of 21 June 1971 on protective measures provided for 
in the additional protocol to the Association Agreement between the EEC and Turkey and to 
the  interim  agreement  between  the  EEC  and  Turkey6.  However,  versions  of  this  act  are  not 
available  in  a  significant  number  of  official  languages  of  the  Union.  As  a  consequence, 
amending  the  act  also  requires  the  establishment  of  versions  of  the  Regulation  in  the 
languages which are currently unavailable. Rather than fold this exercise into this proposal, it 
is  considered  preferable  that  the  Regulation  be  replaced.  At  the  time  of  replacement,  the 
Commission  will  address  the  relevant  decision-making  issues  (which  are  otherwise  very 
similar to those arising for Council Regulation (EEC) No 2841/72 of 19 December 1972 on 
the  safeguard  measures  provided  for  in  the  Agreement  between  the  European  Economic 
Community and the Swiss Confederation). The Commission will take the necessary steps in 
this regard as soon as possible. 

2. 

POWERS FOR THE COUNCIL TO OVERRULE THE COMMISSION 

Of those twenty four acts in the field of the common commercial policy not subject to Council 
Decision  1999/468/EC  and  covered  by  this  proposal  twenty  provide  for  the  Commission  to 
adopt  implementing  acts,  typically  but  not  exclusively,  safeguard  or  provisional  measures, 
and provide for the  Council  to  overrule  such acts  by  a  qualified  majority  within  a  specified 
period  of  time.  This  list  of  basic  acts  covered  by  this  proposal  with  such  procedures  is  as 
follows: 

–  Council  Regulation  (EEC)  No  2841/72  of  19 December  1972  on  the  safeguard  measures 
provided for in the Agreement between the European Economic Community and the Swiss 
Confederation7, 

–  Council  Regulation  (EEC)  No  2843/72  of  19 December  1972  on  the  safeguard  measures 
provided  for  in  the  Agreement  between  the  European  Economic  Community  and  the 
Republic of Iceland8,  

–  Council  Regulation  (EEC)  No  1692/73  of  25  June  1973  on  the  safeguard  measures 
provided  for  in  the  Agreement  between  the  European  Economic  Community  and  the 
Kingdom of Norway9,  

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See the final paragraph of the Explanatory Memorandum. 
The  numbering  throughout  this  proposal  refers  to  the  Regulation  as  contained  in  the  Parliament's 
legislative resolution of 16 December 2010. 
OJ L 192, 26.8.1971, p. 14. 
OJ L 300, 31.12.1972, p. 284. 
OJ L 301, 31.12.1972, p. 162. 
OJ L 171, 27.6.1973, p. 103. 

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–  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 Organization10, 

–  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 therefrom11,  

–  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, as amended12,  

–  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 as amended13,  

–  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 China14,  

–  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 Albania15, 

–  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 Agreements16, 

–  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/EC17,  

–  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 

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15 
16 
17 

OJ L 349, 31.12.1994, p. 71. 
OJ L 309, 29.11.1996, p. 1. 
OJ L 304, 21.11.2001, p. 1. 
OJ L 25, 29.01.2002, p. 16. 
OJ L 65, 8.3.2003, p. 1. 
OJ L 300, 31.10.2006, p. 1. 
OJ L 348, 31.12.2007, p. 1. 
OJ L 20, 24.1.2008, p. 1. 

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part,  and  for  applying  the  Interim  Agreement  between  the  European  Community,  of  the 
one part, and the Republic of Montenegro, of the other part18, 

–  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 part19 

–  Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised 

tariff preferences for the period from 1 January 2009 to 31 December 201120,  

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

imports21,  

–  Council  Regulation  (EC)  No 597/2009  of  11 June  2009  on  protection  against  subsidised 

imports from countries not members of the European Community22, 

–  Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from 

certain third countries23, 

–  Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for 

exports24,  

–  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 process25,  

–  Council  Regulation  (EC)  No  1225/2009  of  30 November  2009  on  protection  against 

dumped imports from countries not members of the European Community26, 

Given these basic acts will not be affected by the adaptation of existing basic acts provided 
for  in  the  Commission's  proposal  for  a  Regulation  on  the  rules  and  general  principles 
concerning  mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers it is appropriate that these acts be amended so as to render the decision-
making  procedures  consistent  with  the  new  framework.  Where  these  acts  provide  for  the 
Council  to  reject  or  amend  a  Commission  decision  by  qualified  majority,  the  Commission 
proposes that the examination procedure be used.  

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25 
26 

OJ L 43, 19.2.2008, p. 1. 
OJ L 169, 30.6.2008, p. 1. 
OJ L 211, 6.8.2008, p. 1. 
OJ L 84, 31.3.2009, p. 1. 
OJ L 188, 18.7.2009, p. 93. 
OJ L 185, 17.7.2009, p. 1. 
OJ L 291, 7.11.2009, p. 1. 
OJ L 328, 15.12.2009, p. 1. 
OJ L 343, 22.12.2009, p. 51. 

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3. 

RESERVATIONS OF POWER FOR THE COUNCIL 

In sixteen of the twenty four basic acts, the Council reserved the right to adopt measures to 
itself.  In  the  view  of  the  Commission,  these  acts  include  a  substantial  number  of 
implementing  powers  but  also  powers  to  supplement  or  amend  the  basic  acts  in  question, 
references to the possibility to act on the general legal basis of Article 207 (previously 133) of 
the Treaty and to repeal the legislation in question. 

As  regards  those  acts  which  are  considered  to  be  implementing  powers,  Article  291  TFEU 
provides that the Council may reserve implementing powers to itself "in duly justified specific 
cases". The Court of Justice has ruled that in respect of a similarly worded possibility that "the 
Council may reserve the right to exercise implementing powers directly only in specific cases, 
and it must state in detail the grounds for such a decision. That means that the Council must 
properly  explain,  by  reference  to  the  nature  and  content  of  the  basic  instrument  to  be 
implemented  or  amended,  why  exception  is  being  made  to  the  rule  that,  under  the  system 
established by the Treaty, when measures implementing a basic instrument need to be taken at 
Community level, it is the Commission which, in the normal course of events, is responsible 
for exercising that power."27  

The Commission has re-examined these acts in the light of the entry into force of the Treaty 
of Lisbon, and in particular, in the light of the status given to the European Parliament as co-
legislator in the common commercial policy. It notes that none of the basic acts state in detail 
why measures should be adopted by the Council rather than the Commission. In light of the 
fact  that  the  Commission  is  already  granted  implementing  powers  for  the  execution  of  the 
common commercial policy, including in trade defence measures, and including  provisional 
measures, the Commission takes the view that these reservations of powers need to be revised 
and  aligned  on  the  rules  and  general  principles  concerning  mechanisms  for  control  by 
Member States of the Commission’s exercise of implementing powers to be adopted pursuant 
to Article 291(3) of the Treaty.  

The  Commission's  amendments  to  the  following  acts  are  intended  to  bring  about  such  a 
change: 

–  Council  Regulation  (EC)  No  385/96  of  29  January  1996  on  protection  against  injurious 

pricing of vessels,  

–  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, 

–  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,  

–  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,  

27 

Paras  50-51,  Case  C-257/01  Commission  v  Council  [ECR]  2005  p.  I-00345.  See  also  Case  C-133/06 
European Parliament v Council [ECR] 2008 p. I-03189. 

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–  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, 

–  Council  Regulation  (EC)  No  55/2008  of  21  January  2008  introducing  autonomous  trade 
preferences for the Republic of Moldova and amending Regulation (EC) No 980/2005 and 
Commission Decision 2005/924/EC,  

–  Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised 

tariff preferences for the period from 1 January 2009 to 31 December 2011,  

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

imports,  

–  Council  Regulation  (EC)  No 597/2009  of  11 June  2009  on  protection  against  subsidised 

imports from countries not members of the European Community, 

–  Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from 

certain third countries, 

–  Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for 

exports,  

–  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,  

–  Council  Regulation  (EC)  No  1225/2009  of  30 November  2009  on  protection  against 

dumped imports from countries not members of the European Community, 

Where the powers reserved to the Council do not concern the adoption of implementing acts, 
but  rather  the  adoption  of  amendments  to  the  basic  act,  the  Commission  proposes  that 
delegated powers be granted to the Commission. The amendments proposed to the following 
acts are intended to bring about this result: 

–  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,  

–  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, 

Finally, in one basic act the Council is required to adopt a measure on the basis of Article 133 
EC (now Article 207 of the Treaty) and in another basic act the Council is required to repeal 
the  measure  on  the  occurrence  of  certain  events.  It  is  necessary  to  revise  these  provisions, 
since, while the Council had in the past reserved powers for itself, in effect the measures that 
would  be  adopted  pursuant  to  these  provisions  would  not  be  considered  either  delegated  or 
implementing acts, but rather basic acts, or amendments thereto, subject now to Article 207 of 
the Treaty. The relevant acts are: 

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–  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, 

–  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. 

4. 

OTHER  ADJUSTMENTS  RELATED  TO  THE  APPLICATION  OF  THE  REGULATION 
LAYING  DOWN  THE  RULES  AND  GENERAL  PRINCIPLES  CONCERNING  MECHANISMS 
FOR  CONTROL  BY  THE  MEMBER  STATES  OF  THE  COMMISSION'S  IMPLEMENTING 
POWERS  

A  number  of  the  acts  covered  by  this  regulation  provide  for  the  Commission  to  consult  the 
committee  before  adopting  implementing  acts  or  before  acting  in  some  other  way.  The 
Commission takes the view that either the Commission adopts implementing acts subject to 
control by the Member States through the use of the advisory or examination procedure or it 
does so without any control. As a consequence, the Commission proposes to remove instances 
in these acts which provide for consultation of the relevant committees where the results of 
the  consultation  do  not  have  legal  effects  as  regards  the  Commission's  exercise  of 
implementing powers. 

The  Regulation  of  the  European  Parliament  and  of  the  Council  laying  down  the  rules  and 
general principles concerning mechanisms for control by Member States of the Commission’s 
exercise  of  implementing  power  sets  out  specific  procedures  for  the  adoption  of  definitive 
anti-dumping  and  countervailing  duties.  The  Commission  expects  that  in  most  cases  the 
procedures foreseen in that Regulation can be implemented quickly and efficiently, within the 
current time framework. However, in certain exceptional circumstances, having regard to the 
complexity of the investigation, application of the new regulation may have consequences on 
the length of time necessary to adopt implementing acts. Therefore, it is appropriate to adapt 
certain time periods in Council Regulation (EC) No 597/2009 of 11 June 2009 on protection 
against  subsidised  imports  from  countries  not  members  of  the  European  Community  and  in 
Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped 
imports  from  countries  not  members  of  the  European  Community.  In  particular,  it  is 
appropriate to permit the extension, no later than 8 months from the notice of initiation, of the 
maximum  length  of  time  for  the  imposition  of  provisional  measures  to  12  months  from  the 
initiation  of  the  investigation  in  exceptional  cases  in  the  light  of  the  complexity  of  the 
investigation. It is also appropriate to permit the extension, no later than 9 months from the 
notice  of  initiation,  of  the  maximum  length  of  time  for  the  investigation  to  18  months  in 
exceptional cases in the light of the complexity of the investigation, in line with the relevant 
WTO Agreements. Whilst respecting the right of interested parties to be fully informed and to 
provide comments on the results of investigations, it is also appropriate to make adjustments 
to the rules on disclosure. 

5. 

RELATIONSHIP TO OTHER PROPOSALS 

The Commission has already adopted, since the entry into force of the Treaty of Lisbon, two 
proposals in the field of the common commercial policy which if adopted would amend basic 
acts providing either a power of the Council to control the Commission's implementing acts or 
a  power  to  adopt  implementing  acts.  In  the  Explanatory  Memoranda  accompanying  those 

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proposals, the Commission announced its intention to present a proposal revising all relevant 
procedures in the common commercial policy and therefore to deal with the issue of decision 
making procedures on a horizontal basis.28  

Further,  it  is  recalled  that  the  current  proposal  deals  only  with  those  decision-making 
procedures  in  acts  under  the  common  commercial  policy  which  are  not  currently  subject  to 
Council  Decision  1999/468/EC.  There  are  a  number  of  decision-making  procedures  in  the 
common commercial policy, including some found in the acts subject to this proposal, which 
are  in  fact  subject  to  Council  Decision  1999/468/EC  (including  Council  Regulation  (EC) 
No 732/2008  of  22  July  2008  applying  a  scheme  of  generalised  tariff  preferences  for  the 
period from 1 January 2009 to 31 December 2011). As set out in the Commission's Statement 
accompanying  the  European  Parliament's  legislative  resolution,  it  is  the  Commission's 
intention  to  proceed  with  a  review  of  these  acts  in  order  to  determine  whether  the  powers 
provided to the Commission fall under the scope of Article 290 or Article 291 of the Treaty. 
The  Commission  will  expeditiously  make  a  proposal  amending  these  acts  as  necessary,  in 
order to introduce delegated acts. The fact that this proposal does not address those decision-
making  procedures  subject  to  Council  Decision  1999/468/EC  should  not  be  understood  as 
implying that the Commission considers that these should be considered as implementing acts 
subject to Article 291 of the Treaty. 

The result of the adoption of the current proposal, and the review of the existing procedures 
based on Council Decision 1999/468/EC, will be a substantial number of amendments to the 
acts  in  question.  In  order  to  improve  legibility  of  the  acts  concerned,  the  Commission  has 
proposed  to  replace  whole  sentences  or  paragraphs  even  where  only  a  limited  number  of 
words  in  the  sentence  or  paragraph  are  in  reality  being  amended.  Further,  the  Commission 
will  propose  a  codification  of  the  acts  as  expeditiously  as  possible  once  the  two  horizontal 
proposals are adopted. 

6. 

OVERALL OBJECTIVES 

In  bringing  forward  this  proposal,  the  Commission  has  sought  to  reflect  the  changes  in  the 
legal framework and institutional balance brought about by the entry into force of the Lisbon 
Treaty.  Aligning  the  control  of  the  Commission's  exercise  of  implementing  powers  on  the 
Regulation on the rules and general principles concerning mechanisms for control by Member 
States  of  the  Commission’s  exercise  of  implementing  powers  will  bring  additional 
advantages.  In  particular,  it  will  permit  a  more  effective  and  efficient  exercise  of  the 
Commission's  implementing  powers  and  so  contribute  to  a  more  effective  and  efficient 
common  commercial  policy.  In  aligning  the  procedures  on  the  standard  procedures,  it  will 
also permit a more ready understanding of the procedures applicable in trade policy and the 
transparency provisions of the horizontal regulation will increase the overall transparency of 
the conduct of trade policy.  

28 

See paragraph 11 of the Explanatory Memorandum to the Commission's proposal for a Regulation of 
the  European  Parliament  and  of  the  Council  amending  Council  Regulation  (EC)  No  1215/2009 
introducing  exceptional  trade  measures  for  countries  and  territories  participating  in  or  linked  to  the 
European Union's Stabilisation and Association process (COM (2010) 54 2010/36/COD) and paragraph 
6  of  the  Explanatory  memorandum  to  the  Commission's  Proposal  for  a  Regulation  of  the  European 
Parliament and of the Council amending Council Regulation (EC) No 732/2008 applying a scheme of 
generalised  tariff  preferences  for  the  period  from  1  January  2009  to  31  December  2011 
(COM (2010) 142 2010/0140/COD). 

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2011/0039 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain regulations relating to the common commercial policy as regards the 
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, 

Whereas: 

(1) 

(2) 

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 
according  to  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 
Commission29. 

It  is  appropriate  to  amend  those  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  [xxxx/2011]  of 
[xx/yy/2011] of the European Parliament and of the Council laying down the rules and 
general  principles  concerning  mechanisms  for  control  by  Member  States  of  the 
Commission’s exercise of implementing powers30. 

(3) 

The following regulations should therefore be amended accordingly:  

–  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 Confederation31, 

29 
30 
31 

OJ L 184, 17.7.1999, p. 23. 
OJ L… 
OJ L 300, 31.12.1972, p. 284. 

EN 

10 

   EN 

                                                 
–  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 Iceland32,  

–  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 Norway33,  

–  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 Organization34, 

–  Council  Regulation  (EC)  No  385/96  of  29  January  1996  on  protection  against 

injurious pricing of vessels35,  

–  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 therefrom36,  

–  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 matters37, 

–  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 Croatia38,  

–  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 
Macedonia39, 

–  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 
China40,  

32 
33 
34 
35 
36 
37 
38 
39 
40 

OJ L 301, 31.12.1972, p. 162. 
OJ L 171, 27.6.1973, p. 103. 
OJ L 349, 31.12.1994, p. 71. 
OJ L 56, 6.3.1996, p. 21. 
OJ L 309, 29.11.1996, p. 1. 
OJ L 201, 26.7.2001, p. 10. 
OJ L 304, 21.11.2001, p. 1. 
OJ L 25, 29.01.2002 p. 16. 
OJ L 65, 8.3.2003, p. 1. 

EN 

11 

   EN 

                                                 
–  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 measures41,  

–  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 
America42, 

–  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 Albania43, 

–  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 
the  establishment  of,  Economic  Partnership 
Agreements44, 

leading 

to 

–  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/EC45,  

–  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 part46, 

–  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 part47, 

–  Council  Regulation  (EC)  No 732/2008  of  22 July  2008  applying  a  scheme  of 
generalised tariff preferences for the period from 1 January 2009 to 31 December 
201148,  

41 
42 
43 
44 
45 
46 
47 
48 

OJ L 69, 13.3.2003, p. 8. 
OJ L 110, 30.4.2005, p. 1. 
OJ L 300, 31.10.2006, p. 1. 
OJ L 348, 31.12.2007, p. 1. 
OJ L 20, 24.1.2008, p. 1. 
OJ L 43, 19.2.2008, p. 1. 
OJ L 169, 30.6.2008, p. 1. 
OJ L 211, 6.8.2008, p. 1. 

EN 

12 

   EN 

                                                 
–  Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules 

for imports49,  

–  Council  Regulation  (EC)  No 597/2009  of  11 June  2009  on  protection  against 
subsidised imports from countries not members of the European Community50, 

–  Council  Regulation  (EC)  No 625/2009  of  7 July  2009  on  common  rules  for 

imports from certain third countries51, 

–  Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common 

rules for exports52,  

–  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 process53,  

–  Council  Regulation  (EC)  No  1225/2009  of  30 November  2009  on  protection 
the  European 

imports  from  countries  not  members  of 

against  dumped 
Community54. 

(4) 

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  are  hereby  adapted,  in  accordance  with  the  Annex,  to 
Article 290 of the Treaty or to the applicable provisions of Regulation (EU) No [xxxx/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. 

49 
50 
51 
52 
53 
54 

OJ L 84, 31.3.2009, p. 1. 
OJ L 188, 18.7.2009, p. 93. 
OJ L 185, 17.7.2009, p. 1. 
OJ L 291, 7.11.2009, p. 1. 
OJ L 328, 15.12.2009, p. 1. 
OJ L 343, 22.12.2009, p. 51. 

EN 

13 

   EN 

                                                 
Article 3 

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

(a) 

the Commission has adopted an act; or 

(b) 

(c) 

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. 

This Regulation shall enter into force on the 30th day following that of its publication in the 
Official Journal of the European Union. 

Article 4 

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

Done at Brussels, […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

14 

   EN 

 
 
 
 
 
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  [xxxx/2011]  of  the 
European  Parliament  and  of  the  Council  laying  down  the  rules  and  general  principles 
concerning  mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers55. 

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

56 

As regards Regulation (EEC) No 2841/72, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers57. 

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

1. 

Article 1 is replaced by the following: 

the  European  Economic  Community  and 

"The  Commission  may  decide  to  refer  to  the  Joint  Committee  established  by  the 
Agreement  between 
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  these  measures  in  accordance  with  the 
procedure referred to in Article 7(2)." 

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 procedure referred to in Article 7(2)". 

3. 

Article 4 is replaced by the following: 

"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 procedure referred to in Article 7(2). In 
cases of urgency, Article 7(3) shall apply. 

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." 

55 
56 
57 

OJ L… 
OJ L 300, 31.12.1972, p. 284. 
OJ L… 

EN 

15 

   EN 

                                                 
4. 

The following Article 7 is added: 

"Article 7 

Committee 

1. 

The Commission shall be assisted by the Committee on Safeguards established 
by  Article  4(1)  of  Council  Regulation  (EC)  No  260/200958.  That  Committee 
shall be a Committee within the meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof.” 

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

59 

As regards Regulation (EEC) No 2843/72, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers60. 

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

1. 

Article 1 is replaced by the following: 

"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 these measures in accordance with the procedure referred to 
in Article 7(2)." 

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 procedure referred to in Article 7(2)." 

3. 

Article 4 is replaced by the following: 

"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 

58 
59 
60 

OJ L 84, 31.3.2009, p. 1. 
OJ L 301, 31.12.1972, p. 162. 
OJ L… 

EN 

16 

   EN 

                                                 
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 procedure referred to in Article 7(2). In 
cases of urgency, Article 7(3) shall apply. 

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." 

4. 

The following Article 7 is added: 

"Article 7 

Committee 

1. 

The Commission shall be assisted by the Committee on Safeguards established 
by  Article  4(1)  of  Council  Regulation  (EC)  No  260/200961.  That  Committee 
shall be a Committee within the meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof.” 

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

62 

As regards Regulation (EEC) No 1692/73, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers63. 

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

1. 

Article 1 is replaced by the following: 

"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 
procedure referred to in Article 7(2)." 

61 
62 
63 

OJ L 84, 31.3.2009, p. 1. 
OJ L 171, 26.6.1973, p. 103. 
OJ L… 

EN 

17 

   EN 

                                                 
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 procedure referred to in Article 7(2)." 

3. 

Article 4 is replaced by the following: 

"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 procedure referred to in Article 7(2). In 
cases of urgency, Article 7(3) shall apply. 

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." 

4. 

The following Article 7 is added: 

"Article 7 

Committee 

1. 

The Commission shall be assisted by the Committee on Safeguards established 
by  Article  4(1)  of  Council  Regulation  (EC)  No  260/200964.  That  Committee 
shall be a Committee within the meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof.” 

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

65 

As regards Regulation (EC) No 3286/94, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers66. 

64 
65 
66 

OJ L 84, 31.3.2009, p. 1. 
OJ L 349, 31.12.1994, p. 71. 
OJ L… 

EN 

18 

   EN 

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

1. 

Article 5(3) is replaced by the following: 

"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. 

Article 6(4) is replaced by the following: 

"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" 

(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  […./2011]. 

(b) Where reference is made to this paragraph, Article [5] of Regulation 
(EU) No [xxxx/2011] shall apply." 

(c) 

In paragraph 2, the first two sentences are deleted. 

(d)  Paragraphs 3 and 4 are deleted. 

4. 

In Article 8(1), the introductory phrase 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. 

Article 9(2)(a) is replaced by the following: 

"2. 

(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 
procedure referred to in Article 7(1)(b)." 

(b)  Paragraph 2(a) is replaced by the following: 

EN 

19 

   EN 

 
"2. 

(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  procedure 
referred to in Article 7(1)(b)."; 

(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 
procedure referred to in Article 7(1)(b), and negotiations shall be carried 
out according to the provisions of Article 207 of the Treaty." 

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." 

Article 14 is deleted. 

COUNCIL  REGULATION  (EC)  NO  385/96  OF  29  JANUARY  1996  ON  PROTECTION 
67 
AGAINST INJURIOUS PRICING OF VESSELS

8. 

5. 

As regards Regulation (EC) No 385/96, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers68. 

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

67 
68 

OJ L 56, 6.3.1996, p. 21. 
OJ L… 

EN 

20 

   EN 

                                                 
1. 

Article 5(11) is replaced by the following: 

"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: 

"Where  measures  are  unnecessary  the  investigation  or  proceedings  shall  be 
terminated. The Commission shall terminate the investigation in accordance with the 
procedure referred to in Article 10(2)." 

(b)  Paragraph 4 is replaced by the following: 

"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 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. 

Article 9(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 

EN 

21 

   EN 

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 […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply." 

6. 

Article 13(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. 

Article 14(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  decision  is  based  on  any  different  facts  and 
considerations, these shall be disclosed as soon as possible.”  

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

69 

As  regards  Regulation  (EC)  No  2271/96,  the  Commission  should  be  empowered  to  adopt 
delegated acts in accordance with Article 290 of the Treaty for the purpose of amending the 
Annex to that Regulation. 

The  measures  necessary  for  the  implementation  of  Regulation  (EC)  No  2271/96  should  be 
adopted in accordance with Regulation (EU) No [xxxx/2011] of [xx/yy/2011] of the European 
Parliament  and  of  the  Council  laying  down  the  rules  and  general  principles  concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of  implementing 
powers70. 

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

1. 

In Article 1, the second subparagraph is replaced by the following: 

69 
70 

OJ L 309, 29.11.1996, p. 1. 
OJ L… 

EN 

22 

   EN 

                                                 
"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 the implementation of Article 7(b) and (c), the Commission 
shall  be  assisted  by  the  Committee  on  Extra-territorial  Legislation.  That 
Committee  shall  be  a  Committee  within  the  meaning  of  Regulation  (EU)  No 
[…./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply." 

3. 

The following Articles 11a, 11b and 11c are inserted: 

"Article 11a 

1. 

The  powers  to  adopt  the  delegated  acts  referred  to  in  Article  1  shall  be 
conferred on the Commission for an indeterminate period of time. 

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. 

Article 11b 

1. 

2. 

3. 

The  delegation  of  power  referred  to  in  the  second  subparagraph  of  Article  1 
may be revoked at any time by the European Parliament or by the Council. 

The  institution  which  has  commenced  an  internal  procedure  for  deciding 
whether to revoke the delegation of power shall endeavour to inform the other 
institution  and  the  Commission  within  a  reasonable  time  before  the  final 
decision  is  taken,  indicating  the  delegated  powers  which  could  be  subject  to 
revocation and possible reasons for a revocation. 

The  decision  of  revocation  shall  put  an  end  to  the  delegation  of  the  powers 
specified  in  that  decision.  It  shall  take  effect  immediately  or  at  a  later  date 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official Journal of the European Union. 

EN 

23 

   EN 

 
Article 11c 

1. 

2. 

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. 

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." 

EN 

24 

   EN 

 
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

71 

As regards Regulation (EC) No 1515/2001, the Commission should be empowered to adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers72. 

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

1. 

Article 1 is amended as follows: 

(a) 

In paragraph 1, the introductory phrase 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, Regulation (EC) No 
597/2009  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  procedure  referred  to  in  Article 
3a(2)." 

(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, such 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  procedure  referred  to  in 
Article 3a(2)." 

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: 

71 
72 

OJ L 201, 26.7.2001, p. 10. 
OJ L… 

EN 

25 

   EN 

                                                 
"3. 

Insofar as it is appropriate to conduct a review before or at the same time 
as taking any measures under paragraph 1, such 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, such suspension shall be granted for a limited period of time by 
the  Commission,  acting  in  accordance  with  the  procedure  referred  to  in 
Article 3a(2)." 

3. 

The following Article 3a is inserted: 

"Article 3a 

1. 

2. 

8. 

The  Commission  shall  be  assisted  by  the  Anti-Dumping  Committee  established  by 
Article  15(1)  of  Council  Regulation  (EC)  No  1225/2009  or  by  the  Anti-subsidy 
Committee established by Article 25(1) of Council Regulation (EC) No 597/2009 as 
the  case  may  be.  These  Committees  shall  be  Committees  within  the  meaning  of 
Regulation (EU) No […./2011]. 

Where  reference  is  made  to  this  paragraph,  Article  [5]  of  Regulation  (EU)  No 
[xxxx/2011] shall apply." 

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

73 

As regards Regulation (EC) No 2248/2001, the Commission should be empowered to adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers74. 

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

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. 

73 
74 

OJ L 304, 21.11.2001, p. 1. 
OJ L… 

EN 

26 

   EN 

                                                 
3b.  Where  reference  is  made  to  this  paragraph,  Article  [8]  of  Regulation 
(EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof." 

(b)  The first subparagraph of paragraph 6 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  procedure 
referred to in Article 7a(3a) 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) shall apply." 

(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 procedure referred 
to in Article 7a(3a). In cases of urgency, Article 7a(3b) shall apply. 

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 procedure 
referred to in Article 7a(3a), 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 Community75 applies, where measures shall 
be taken according to the procedures laid down in that Regulation." 

75 

OJ L 188, 18.7.2009, p. 93. 

EN 

27 

   EN 

 
 
 
 
                                                 
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

76, 

As regards Regulation (EC) No 153/2002, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers77. 

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

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." 

(b)  The first subparagraph of paragraph 6 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  procedure 
referred to in Article 7a(3a) 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) shall apply." 

(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 

76 
77 

OJ L 25, 29.01.2002 p. 16. 
OJ L… 

EN 

28 

   EN 

 
 
 
                                                 
38 of the Stabilisation and Association Agreement, in accordance with the procedure referred 
to in Article 7a(3a). In cases of urgency, Article 7a(3b) shall apply. 

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 procedure 
referred to in Article 7a(3a), 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 Community78 applies, where measures shall 
be taken according to the procedures laid down in that Regulation." 

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

79 

As regards Regulation (EC) No 427/2003, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers80. 

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

1. 

Article 5(4) is replaced by the following: 

"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." 

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 
procedure referred to in Article 15(2). In cases of urgency, Article 15(3) shall apply." 

(b)  Paragraph 3 is deleted. 

3. 

Article 8 is replaced by the following: 

78 
79 
80 

OJ L 188, 18.7.2009, p. 93. 
OJ L 65, 8.3.2003, p. 1. 
OJ L… 

EN 

29 

   EN 

 
 
 
 
                                                 
"Article 8 

Termination without measures 

Where bilateral safeguard measures are deemed unnecessary the investigation or proceeding 
shall be terminated in accordance with the 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 procedure referred to in 
Article 15(2)." 

(b)  Paragraphs 3 to 6 are deleted. 

5. 

Article 12(4) is replaced by the following: 

"Where the Commission considers that any safeguard measure should be revoked or 
amended, it shall revoke or amend the safeguard measures." 

6. 

Article 14(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 procedure referred to in Article 15(2). 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." 

7. 

Article 15 is replaced by the following: 

"Article 15 

Committee 

1. 

The Commission shall be assisted by the Committee on Safeguards established 
by  Article  4(1)  of  Council  Regulation  (EC)  No  260/200981.  That  Committee 
shall be a Committee within the meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

81 

OJ L 84, 31.3.2009, p. 1. 

EN 

30 

   EN 

                                                 
3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof. 

4. 

Pursuant  to  Article  3(5)  of  Regulation  (EU)  No  […./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 […./2011] so requests." 

8. 

Article 17(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  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." 

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

82 

As regards Regulation (EC) No 452/2003, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 

82 

OJ L 69, 13.3.2003, p. 8. 

EN 

31 

   EN 

 
                                                 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers83. 

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

1. 

In Article 1(1), the introductory phrase 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 as it deems appropriate in accordance with the 
procedure referred to in Article 2a(2):". 

2. 

The following Article 2a 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 1225/200984. That Committee 
shall be a Committee within the meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply." 

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

85 

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

Accordingly, Article 7 of Regulation (EC) No 673/2005 is deleted. 

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

86 

As regards Regulation (EC) No 1616/2006, the Commission should be empowered to adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 

83 
84 
85 
86 

OJ L… 
OJ L 343, 22.12.2009, p. 51. 
OJ L 110, 30.4.2005, p. 1. 
OJ L 300, 31.10.2006, p. 1. 

EN 

32 

   EN 

                                                 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers87. 

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

1. 

In Article 7, the third, fourth and fifth paragraphs are replaced by the following: 

"The  Commission  shall  take  such  measures  in  accordance  with  the  procedure 
referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply." 

2. 

Article 8(2) is replaced by the following: 

"2.  The  Commission  shall  take  such  measures  in  accordance  with  the  procedure 
referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply." 

3. 

The following Article 8a is inserted: 

"Article 8a 

Committee 

1. 

For the purposes of Articles 7 and 8 the Commission shall be assisted by the 
Committee  on  Safeguards  established  by  Article  4(1)  of  Council  Regulation 
(EC) No 260/200988. That Committee shall be a Committee within the meaning 
of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof." 

14. 

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 
IN  AGREEMENTS  ESTABLISHING,  OR  LEADING  TO  THE 
PROVIDED  FOR 
ESTABLISHMENT OF, ECONOMIC PARTNERSHIP AGREEMENTS

89 

As regards Regulation (EC) No 1528/2007, the Commission should be empowered to adopt 
delegated  acts  in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European Union for the purpose of amending Annex I to that Regulation. 

The measures necessary for the implementation of Regulation (EC) No 1528/2007 should be 
adopted in accordance with Regulation (EU) No [xxxx/2011] of [xx/yy/2011] of the European 
Parliament  and  of  the  Council  laying  down  the  rules  and  general  principles  concerning 

87 
88 
89 

OJ L… 
OJ L 84, 31.3.2009, p. 1. 
OJ L 348, 31.12.2007, p. 1. 

EN 

33 

   EN 

                                                 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of  implementing 
powers90. 

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

1. 

Article 2 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

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

(b) 

In paragraph 3, the introductory phrase is replaced by the following: 

"3.  Such  region  or  state  will  remain  on  the  list  in  Annex  I  unless  the 
Commission adopts a delegated act in accordance with Articles 24a, 24b 
and 24c amending Annex I to remove a region or state from that Annex, 
in particular where:" 

2. 

Article 14 is amended as follows: 

(a)  Paragraph 3 is replaced by the following: 

"3.  Where  it  is  apparent  that  there  is  sufficient  evidence  to  justify  the 
initiation  of  a  proceeding,  the  Commission  shall  publish  a  notice  in  the 
Official Journal of the European Union. Initiation shall take place within 
one month of the receipt of information from a Member State." 

(b) 

In paragraph 4, the first sentence is replaced by the following: 

"4. 

If the Commission takes the view that the circumstances set out in Article 
12 exist, it shall immediately notify the region or states listed in Annex I 
concerned of its intention to initiate an investigation." 

3. 

Article 16 is amended as follows: 

(a) 

In paragraph 1, the second and third sentences are replaced by the following:

"Provisional  measures  shall  be  adopted  in  accordance  with  the  procedure 
referred to in Article 21(2). In cases of urgency, Article 21(3) shall apply." 

(b) 

In paragraph 2, the second sentence is deleted. 

(c)  Paragraph 4 is deleted.  

4. 

Article 17 is replaced by the following: 

90 

OJ L… 

EN 

34 

   EN 

 
 
  
                                                 
"Article 17 

Termination of investigation and proceeding without measures 

Where bilateral safeguard measures are deemed unnecessary the investigation and proceeding 
shall be terminated in accordance with the procedure referred to in Article 21(2)." 

5. 

Article 18 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2. 

If the consultations referred to in paragraph 1 do not lead to a mutually 
satisfactory  solution  within  thirty  days  of  the  matter's  being  referred  to 
the  region  or  state  concerned,  a  decision  to  impose  definitive  bilateral 
safeguard measures shall be taken by the Commission in accordance with 
the procedure referred to in Article 21(2) within twenty working days of 
the end of the consultation period." 

(b)  Paragraphs 3 and 4 are deleted. 

6. 

Article 20(2) is replaced by the following: 

"2.  The  decision  to  impose  surveillance  shall  be  taken  by  the  Commission  in 

accordance with the procedure referred to in Article 21(2)." 

7. 

Article 21 is replaced by the following: 

"Article 21 

Committee 

1. 

For  the  purposes  of  this  Chapter,  the  Commission  shall  be  assisted  by  the 
Committee  established  by  Article  4(1)  of  Council  Regulation  (EC)  No 
260/200991.  That  Committee  shall  be  a  Committee  within  the  meaning  of 
Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof. 

4. 

In the case of products falling under CN code 1701, the Committee referred to 
in paragraph 1 shall be assisted by the Committee established by Article 195 of 
Council Regulation (EC) No 1234/200792." 

8. 

The following Articles 24a, 24b and 24c are inserted: 

91 
92 

OJ L 84, 31.3.2009, p. 1. 
OJ L 299, 16.11.2007, p. 1. 

EN 

35 

   EN 

                                                 
"Article 24a 

Exercise of the delegation 

1. 

The powers to adopt the delegated acts referred to in Article 2(2) and (3) shall 
be conferred on the Commission for an indeterminate period of time. 

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 24b and 24c. 

1. 

2. 

3. 

1. 

2. 

Article 24b 

Revocation of the delegation 

The delegation of power referred to in Article 2(2) and (3) may be revoked at 
any time by the European Parliament or by the Council. 

The institution which has commenced internal procedure for deciding whether 
to  revoke  the  delegation  of  power  shall  endeavour  to  inform  the  other 
institution  and  the  Commission  within  a  reasonable  time  before  the  final 
decision  is  taken,  indicating  the  delegated  powers  which  could  be  subject  to 
revocation and possible reasons for a revocation. 

The  decision  of  revocation  shall  put  an  end  to  the  delegation  of  the  powers 
specified  in  that  decision.  It  shall  take  effect  immediately  or  at  a  later  date 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official Journal of the European Union. 

Article 24c 

Objections to delegated acts 

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. 

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 the adopted delegated act, 
it shall not enter into force. The institution which objects shall state the reasons 
for objecting to the delegated act." 

EN 

36 

   EN 

 
15. 

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

93 

As regards Regulation (EC) No 140/2008, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers94. 

Accordingly, Regulation (EC) No 140/2008 is amended as follows: 

1. 

In Article 7, the third, fourth and fifth paragraphs are replaced by the following: 

"The  Commission  shall  take  such  measures  in  accordance  with  the  procedure 
referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply." 

2. 

Article 8(2) is replaced by the following: 

"2.  The  Commission  shall  take  such  measures  in  accordance  with  the  procedure 
referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply."  

3. 

The following Article 8a is inserted: 

"Article 8a 

Committee 

1. 

For the purposes of Articles 7 and 8 the Commission shall be assisted by the 
Committee  on  Safeguards  established  by  Article  4(1)  of  Council  Regulation 
(EC) No 260/200995. That Committee shall be a Committee within the meaning 
of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof." 

16. 

COUNCIL  REGULATION  (EC)  NO  55/2008  OF  21  JANUARY  2008  INTRODUCING 
AUTONOMOUS  TRADE  PREFERENCES  FOR  THE  REPUBLIC  OF  MOLDOVA  AND 

93 
94 
95 

OJ L 43, 19.2.2008, p. 1. 
OJ L… 
OJ L 84, 31.3.2009, p. 1. 

EN 

37 

   EN 

                                                 
AMENDING  REGULATION  (EC)  NO  980/2005  AND  COMMISSION  DECISION 
2005/924/EC96 

As regards Regulation (EC) No 55/2008, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers97. 

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

1. 

Article 10 is amended as follows: 

(a)  The introductory phrase of paragraph 1 is replaced by the following: 

"1.  Where  the  Commission  finds  that  there  is  sufficient  evidence  of  fraud, 
irregularities  or  systematic  failure  by  Moldova  to  comply,  or  to  ensure 
compliance,  with  the  rules  of  origin  of  products  and  the  procedures 
related thereto and to provide administrative cooperation as referred to in 
Article  2(1),  or  a  failure  to  comply  with  any  of  the  other  conditions 
defined  in  Article  2(1),  it  may  take  measures  in  accordance  with  the 
procedure referred to in Article 11a(2) to suspend in whole or in part the 
preferential arrangements provided for in this Regulation for a period of 
not more than six months, provided that it has first:" 

(b)  Paragraph 2 is deleted. 

2. 

Article 11(1) is replaced by the following 

"1.  Where a product originating in Moldova is imported on terms which cause, or 
threaten  to  cause,  serious  difficulties  to  a  Union  producer  of  like  or  directly 
competing  products,  Common  Customs  Tariff  duties  on  that  product  may  be 
reintroduced at any time by the Commission in accordance with the procedure 
referred to in Article 11a(2)." 

3. 

The following Article 11a is inserted: 

"Article 11a 

Committee 

1. 

For  the  purposes  of  Article  11,  the  Commission  shall  be  assisted  by  the 
Committee  on  Safeguards  established  by  Article  4(1)  of  Council  Regulation 
(EC) No 260/200998. That Committee shall be a Committee within the meaning 
of Regulation (EU) No […./2011]. 

96 
97 
98 

OJ L 20, 24.1.2008, p. 1. 
OJ L… 
OJ L 84, 31.3.2009, p. 1. 

EN 

38 

   EN 

                                                 
2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply." 

17. 

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

99 

As regards Regulation (EC) No 594/2008, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers100. 

Accordingly, Regulation (EC) No 594/2008 is amended as follows: 

1. 

In Article 7, the third, fourth and fifth paragraphs are replaced by the following: 

"The  Commission  shall  adopt  such  measures  in  accordance  with  the  procedure 
referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply."  

2. 

Article 8(2) is replaced by the following: 

"2.  The  Commission  shall  adopt  such  measures  in  accordance  with  the  procedure 
referred to in Article 8a(2). In cases of urgency, Article 8a(3) shall apply."  

3. 

The following Article 8a is inserted: 

"Article 8a 

Committee 

1. 

For the purposes of Articles 7 and 8 the Commission shall be assisted by the 
Committee  on  Safeguards  established  by  Article  4(1)  of  Council  Regulation 
(EC)  No  260/2009101.  That  Committee  shall  be  a  Committee  within  the 
meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof." 

99 
100 
101 

OJ L 169, 30.6.2008, p. 1. 
OJ L… 
OJ L 84, 31.3.2009, p. 1. 

EN 

39 

   EN 

                                                 
18. 

COUNCIL REGULATION (EC) NO 732/2008  OF 22 JULY 2008  APPLYING  A  SCHEME 
OF GENERALISED TARIFF PREFERENCES FOR THE PERIOD FROM 1 JANUARY 2009 TO 
31  DECEMBER  2011  AND  AMENDING  REGULATIONS  (EC)  NO  552/97,  (EC)  NO 
1933/2006  AND  COMMISSION  REGULATIONS  (EC)  NO  1100/2006  AND  (EC)  NO 
964/2007102

As regards Regulation (EC) No 732/2008, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers103. 

Accordingly, Regulation (EC) No 732/2008 is amended as follows: 

1. 

Article 16 is amended as follows: 

(a) 

In paragraph 3, the introductory phrase is replaced by the following: 

"3.  The Commission may suspend the preferential arrangements provided for 
in this Regulation, in respect of all or of certain products originating in a 
beneficiary  country,  in  accordance  with  the  procedure  referred  to  in 
Article  27(6),  where  it  considers  that  there  is  sufficient  evidence  that 
temporary  withdrawal  would  be  justified  for  the  reasons  referred  to  in 
paragraphs 1 and 2, provided that it has first:" 

(b)  Paragraph 4 is deleted. 

2. 

Article 17 is replaced by the following: 

"Article 17 

1.  Where  the  Commission  or  a  Member  State  receives  information  that  may 
justify  temporary  withdrawal  and  where  the  Commission  or  a  Member  State 
considers that there are sufficient grounds for an investigation, it shall inform 
the Committee referred to in Article 27. 

2. 

The  Commission  may  decide,  within  one  month  and  in  accordance  with  the 
procedure referred to in Article 27(5), to initiate an investigation." 

3. 

Article 19 is amended as follows: 

(a) 

In paragraph 3, the second sentence is replaced by the following: 

"The Commission shall notify the beneficiary country concerned of this decision and 
shall publish a notice in the Official Journal of the European Union, announcing that 
it intends to temporarily withdraw the preferential arrangements in respect of all or of 
certain  products  originating  in  a  beneficiary  country,  unless,  before  the  end  of  the 
period, the beneficiary country concerned makes a commitment to take the measures 

102 
103 

OJ L 211, 6.8.2008, p. 1. 
OJ L… 

EN 

40 

   EN 

  
 
                                                 
necessary to conform, in a reasonable period of time, with the conventions referred to 
in Part A of Annex III." 

(b)  Paragraph 4 is replaced by the following: 

"4.  Where the Commission considers temporary withdrawal to be necessary, 
it  shall  decide  in  accordance  with  the  procedure  referred  to  in  Article 
27(6). In the case referred to in paragraph 3, the Commission shall act at 
the end of the period referred to in that paragraph." 

(c)  Paragraph 5 is replaced by the following: 

"5.  Where the Commission decides on temporary withdrawal, such decision 
shall enter into force six months after it is taken, unless the Commission 
decides before then that the reasons justifying it no longer prevail." 

4. 

Article 20 is amended as follows: 

(a)  Paragraph 5 is replaced by the following: 

"5.  The investigation shall be completed within six months from the date of 
publication  of  the  notice  referred  to  in  paragraph  2.  The  Commission 
may,  in  the  case  of  exceptional  circumstances,  extend  this  period  in 
accordance with the procedure referred to in Article 27(5)." 

(b)  Paragraph 6 is replaced by the following: 

"6.  The Commission shall  take  a decision  within  one  month,  in  accordance 
with the procedure referred to in Article 27(6). Such decision shall enter 
into  force  within  one  month  from  the  date  of  its  publication  in  the 
Official Journal of the European Union." 

(c)  Paragraph 7 is replaced by the following: 

"7.  Where  exceptional  circumstances  requiring  immediate  action  make  an 
investigation  impossible,  the  Commission  may,  in  accordance  with  the 
procedure referred to in Article 27(7), take any preventive measure which 
is strictly necessary." 

5. 

Article 21 is replaced by the following: 

"Where imports of products included in Annex I to the Treaty cause, or threaten to 
cause,  serious  disturbance  to  Union  markets,  in  particular  to  one  or  more  of  the 
outermost regions, or these markets’ regulatory mechanisms, the Commission, on its 
own  initiative  or  at  the  request  of  a  Member  State,  may  suspend  the  preferential 
arrangements in respect of the products concerned in accordance with the procedure 
referred  to  in  Article  27(6)  after  consulting  the  management  committee  for  the 
relevant common market organisation." 

Article 22(2) is deleted. 

In Article 27, the following paragraphs 6 and 7 are added: 

41 

   EN 

6. 

7. 

EN 

 
 
"6.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

7.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof." 

19. 

COUNCIL  REGULATION  (EC)  NO  597/2009  OF  11  JUNE  2009  ON  PROTECTION 
AGAINST SUBSIDISED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN 
COMMUNITY

104 

As regards Regulation (EC) No 597/2009, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers105. 

Accordingly, Regulation (EC) No 597/2009 is amended as follows: 

1. 

Article 10(11) is replaced by the following: 

"11.  Where  it  is  apparent  that  there  is  sufficient  evidence  to  justify  initiating 
proceedings,  the  Commission  shall  do  so  within  45  days  of  the  lodging  of  the 
complaint 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 11(9) is replaced by the following:  

"9.  For  proceedings  pursuant  to  Article  10(11),  an  investigation  shall,  whenever 
possible,  be  concluded  within  one  year.  In  any  event,  such  investigations  shall  be 
concluded  within  13  months  of  initiation,  in  accordance  with  the  findings  made 
pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 
for  definitive  action.  In  exceptional  cases,  having  regard  to  the  complexity  of  the 
investigation, the Commission may decide, no later than 8 months after the initiation 
of the investigation, to extend this time limit, for a period up to, but in no case longer 
than, 18 months." 

3. 

Article 12 is amended as follows: 

(a) 

In paragraph 1, the second subparagraph is replaced by the following: 

"The provisional duties shall be imposed no earlier than 60 days, and no later 
than  9  months,  from  the  initiation  of  the  proceedings.  In  exceptional  cases, 
having  regard  to  the  complexity  of  the  investigation,  the  Commission  may 
decide, no later than 8 months after the initiation of the investigation, to extend 
this time limit, to a period up to, but in no case longer than, 12 months." 

104 
105 

OJ L 188, 18.7.2009, p. 93. 
OJ L… 

EN 

42 

   EN 

 
 
                                                 
(b)  Paragraph 3 is replaced by the following: 

"3.  The Commission shall adopt provisional measures in accordance with the 

procedure referred to in Article 25(3)." 

(c)  Paragraph 5 is deleted. 

4. 

Article 13 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  Upon  condition 

that  a  provisional  affirmative  determination  of 
subsidisation  and  injury  has  been  made,  the  Commission  may  accept 
satisfactory voluntary undertakings offers under which: 

(a) 

(b) 

the country of origin and/or export agrees to eliminate or limit the 
subsidy or take other measures concerning its effects; or 

any  exporter  undertakes  to  revise  its  prices  or  to  cease  exports  to 
the  area  in  question  as  long  as  such  exports  benefit  from 
countervailable  subsidies,  so  that  the  Commission  is  satisfied  that 
the injurious effect of the subsidies is thereby eliminated. 

In  such  a  case  and  as  long  as  such  undertakings  are  in  force,  the 
provisional duties imposed by the Commission in accordance with 
Article 12(3) and the definitive duties imposed in accordance with 
Article 15(1) shall not apply to the relevant imports of the product 
concerned  manufactured  by  the  companies  referred  to  in  the 
Commission  decision  accepting  undertakings  and 
in  any 
subsequent amendment of such decision. 

Price increases under such undertakings shall not be higher than is 
necessary  to  offset  the  amount  of  countervailable  subsidies,  and 
should be less than the amount of countervailable subsidies if such 
increases  would  be  adequate  to  remove  the  injury  to  the  Union 
industry."; 

(b)  Paragraph 5 is replaced by the following: 

"5.  Where  undertakings  are  accepted  the  investigation  shall  be  terminated. 
The Commission shall terminate the investigation in accordance with the 
procedure referred to in Article 25(2)."; 

(c) 

In paragraph 9, the first subparagraph is replaced by the following: 

"9. 

In  case  of  breach  or  withdrawal  of  undertakings  by  any  party  to  the 
undertaking, or in case of withdrawal of acceptance of the undertaking by 
the  Commission,  the  acceptance  of  the  undertaking  shall  be  withdrawn 
by Commission Decision or Commission Regulation, as appropriate, and 
the  provisional  duty  which  has  been  imposed  by  the  Commission  in 
accordance with Article 12 or the definitive duty which has been imposed 
in accordance with Article 15(1), shall apply, provided that the exporter 

EN 

43 

   EN 

 
 
 
 
concerned, or the country of origin and/or export has, except in the case 
of  withdrawal  of  the  undertaking  by  the  exporter  or  such  country,  been 
given an opportunity to comment."; 

(d)  Paragraph 10 is replaced by the following: 

"10.  A provisional duty may be imposed in accordance with Article 12 on the 
basis  of  the  best  information  available,  where  there  is  reason  to  believe 
that an undertaking is being breached, or in case of breach or withdrawal 
of  an  undertaking  where  the  investigation  which  led  to  the  undertaking 
has not been concluded." 

5. 

Article 14(2) is replaced by the following: 

"Where  protective  measures  are  unnecessary  the  investigation  or  proceedings  shall 
be terminated. The Commission shall terminate the investigation in accordance with 
the procedure referred to in Article 25(2)." 

6. 

Article 15(1) is amended as follows: 

(a)  The first subparagraph is replaced by the following: 

"1.  Where 

the  facts  as  finally  established  show 

the  existence  of 
countervailable  subsidies  and  injury  caused  thereby,  and  the  Union 
interest calls for intervention in accordance with Article 31, a definitive 
countervailing  duty  shall  be  imposed  by  the  Commission  acting  in 
accordance  with  the  procedure  referred  to  in  Article  25(2).  Where 
provisional  duties  are  in  force,  the  Commission  shall  initiate  this 
procedure no later than one month before the expiry of such duties."; 

(b)  The second and third subparagraphs are deleted. 

7. 

In Article 16(2), the first subparagraph is replaced by the following: 

"2.  Where a provisional duty has been applied and the facts as finally established 
show  the  existence  of  countervailable  subsidies  and  injury,  the  Commission 
shall  decide,  irrespective  of  whether  a  definitive  countervailing  duty  is  to  be 
imposed,  what  proportion  of  the  provisional  duty  is  to  be  definitively 
collected." 

8. 

In Article 20, the second subparagraph is replaced by the following: 

"Such  a  review  shall  be  initiated  after  Union  producers  have  been  given  an 
opportunity to comment." 

9. 

In Article 21(4), the first subparagraph is replaced by the following: 

"4.  The  Commission  shall  decide  whether  and  to  what  extent  the  application 
should  be  granted,  or  it  may  decide  at  any  time  to  initiate  an  interim  review, 
whereupon  the  information  and  findings  from  such  review,  carried  out  in 
accordance  with  the  provisions  applicable  for  such  reviews,  shall  be  used  to 
determine whether and to what extent a refund is justified." 

EN 

44 

   EN 

 
10. 

Article 22 is amended as follows: 

(a) 

In paragraph 1, the second subparagraph is replaced by the following:  

"Reviews carried out pursuant to Articles 18 and 19 shall be carried out expeditiously 
and  shall  normally  be  concluded  within  12  months  of  the  date  of  initiation  of  the 
review.  In  any  event,  reviews  pursuant  to  Articles  18  and  19  shall  be  concluded 
within 15 months of initiation. In exceptional cases, having regard to the complexity 
of  the  investigation,  the  Commission  may  decide,  no  later  than  9  months  after  the 
initiation of the investigation, to extend this time limit, for a period up to, but in no 
case longer than, 18 months." 

(b) 

In paragraph 1 the fifth subparagraph is deleted; 

(c)  Paragraph 2 is replaced by the following: 

"2. Reviews pursuant to Articles 18, 19 and 20 shall be initiated by the Commission." 

11. 

Article 23 is amended as follows: 

(a) 

In paragraph 4, the first subparagraph is replaced by the following: 

"Investigations  shall  be  initiated  pursuant  to  this  Article  on  the  initiative  of  the 
Commission  or  at  the  request  of  a  Member  State  or  of  any  interested  party  on  the 
basis  of  sufficient  evidence  regarding  the  factors  set  out  in  paragraphs  1,  2  and  3. 
Initiations  shall  be  made  by  Commission  Regulation  which  may  also  instruct  the 
customs authorities to make imports subject to registration in accordance with Article 
24(5) or to request guarantees." 

(b) 

In paragraph 4, the third subparagraph is replaced by the following: 

"If the facts as finally ascertained justify the extension of measures, this shall be done 
by  the  Commission  acting  in  accordance  with  the  procedure  referred  to  in  Article 
25(2)." 

(c) 

In paragraph 6, the fourth subparagraph is replaced by the following: 

"These  exemptions  are  granted  by  decision  of  the  Commission  and  shall 
remain valid for the period and under the conditions set down therein." 

12. 

Article 24 is amended as follows: 

(a)  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,  by  the  Commission  acting  in  accordance  with  the 
procedure referred to in Article 25(2).  

Measures  may  only  be  suspended  where  market  conditions  have 
temporarily changed to an extent that injury would be unlikely to resume 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
as  a  result  of  the  suspension,  and  provided  that  the  Union  industry  has 
been  given  an  opportunity  to  comment  and  these  comments  have  been 
taken into account. Measures may, at any time, be reinstated if the reason 
for suspension is no longer applicable." 

(b)  The first subparagraph of paragraph 5 is replaced by the following: 

"The  Commission  may  direct  the  customs  authorities  to  take  the  appropriate 
steps to register imports, so that measures may subsequently be applied against 
those imports from the date of such registration." 

13. 

Article 25 is replaced by the following: 

"Committee 

1. 

The  Commission  shall  be  assisted  by  the  Anti-subsidy  Committee, 
referred  to  as  the  Committee.  That  Committee  shall  be  a  Committee 
within the meaning of Regulation (EU) No […./2011]. 

2.  Where  reference  is  made  to  this  paragraph,  Article  [5]  of  Regulation 

(EU) No [xxxx/2011] shall apply. 

3.  Where  reference  is  made  to  this  paragraph,  Article  [8]  of  Regulation 
(EU) No [xxxx/2011] shall apply in conjunction with Article [5] thereof. 

4. 

Pursuant  to  Article  3(5)  of  Regulation  (EU)  No  […./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 […./2011] so requests." 

14. 

Article 29(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  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." 

15. 

Article 30 is amended as follows: 

(a)  Paragraph 4 is replaced by the following: 

"Final disclosure shall be given in writing. It shall be made, due regard being had to 
the protection of confidential information, as soon as possible and, normally, no later 
than one month prior to the initiation of the procedures set out in Articles 14 or 15. 
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.  

EN 

46 

   EN 

 
 
 
 
Disclosure  shall  not  prejudice  any  subsequent  decision  which  may  be  taken  by  the 
Commission  but  where  such  decision  is  based  on  any  different  facts  and 
considerations, these shall be disclosed as soon as possible." 

(b)  Paragraph 5 is replaced by the following: 

"Representations  made  after  final  disclosure  is  given  shall  be  taken  into  consideration 
only if received within a period to be set by the Commission in each case, which shall be at 
least  10  days,  due  consideration  being  given  to  the  urgency  of  the  matter.  A  shorter 
period can be set whenever a final disclosure has already been made." 

16. 

Article 31 is amended as follows: 

(a)  Paragraph 4 is replaced by the following:  

"4.  The  parties  which  have  acted  in  conformity  with  paragraph  2  may  provide
 comments on the application of any provisional duties. Such comments shall be 
received  within  15  days  of  the  application  of  such  measures  if  they  are  to  be 
taken  into account  and they, or appropriate summaries thereof, shall be made 
available to other parties who shall be entitled to respond to such comments". 

(b)  Paragraph 5 is 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." 

(c) 

In paragraph 6, the second sentence is replaced by the following: 

"Such  information  shall  be  made  available  to  the  extent  possible  and  without 
prejudice to any subsequent decision taken by the Commission." 

20. 

COUNCIL REGULATION (EC) NO 260/2009 OF 26 FEBRUARY 2009 ON THE COMMON 
RULES FOR IMPORTS

106 

As regards Regulation (EC) No 260/2009, the Commission should be empowered to adopt the 
measures necessary for the implementation of that Regulation in accordance with Regulation 
(EU) No [xxxx/2011] of [xx/yy/2011] of the European Parliament and of the Council laying 
down the rules and general principles concerning mechanisms for control by Member States 
of the Commission’s exercise of implementing powers107. 

Accordingly, Regulation (EC) No 260/2009 is amended as follows: 

1. 

2. 

Article 3 is deleted.  

Article 4 is replaced by the following: 

"Committee 

106 
107 

OJ L 84, 31.3.2009, p. 1. 
OJ L… 

EN 

47 

   EN 

 
 
 
 
 
 
 
                                                 
1. 

The Commission shall be assisted by a Committee on Safeguards,  referred to 
as the Committee. That Committee shall be a Committee within the meaning of 
Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof. 

4. 

Pursuant  to  Article  3(5)  of  Regulation  (EU)  No  […./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 […./2011] so requests." 

3. 

Article 6 is amended as follows: 

(a) 

In paragraph 1 the first sentence is replaced by the following: 

"Where  it  is  apparent  to  the  Commission  that  there  is  sufficient  evidence  to  justify 
the  initiation  of  an  investigation,  the  Commission  shall  initiate  an  investigation 
within one month of receipt of information from a Member State and publish a notice 
in the Official Journal of the European Union." 

(b) 

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

"The Commission shall seek all information it deems to be necessary and, where it 
considers it appropriate endeavour to check this information with importers, traders, 
agents, producers, trade associations and organisations." 

(c) Paragraph 7 is replaced by the following: 

"Where it appears to the Commission that there is insufficient evidence to justify an 
investigation, it shall inform the Member States of its decision within one month of 
receipt of the information from the Member States." 

4. 

Article 7(2) is replaced by the following: 

"2.  Where  the  Commission  considers,  within  nine  months  of  the  initiation  of  the 
investigation, that no Union surveillance or safeguard measures are necessary, 
the investigation shall be terminated within a month." 

5. 

Article 9(2) is replaced by the following: 

"2.  Neither  the  Commission,  nor  the  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  without 
specific permission from the supplier of such information." 

6. 

Article 11(2) is replaced by the following: 

EN 

48 

   EN 

 
 
 
 
 
 
"2.  The  decision  to  impose  surveillance  shall  be  taken  by  the  Commission 

according to the procedure laid down in Article 16(6)." 

7. 

Article 13 is replaced by the following: 

"Article 13 

Where import of a product has not been made subject to prior Union surveillance the 
Commission, in accordance with Article 18, may introduce surveillance confined to 
imports into one or more regions of the Union." 

8. 

In Article 16, paragraphs 6 and 7 are replaced by the following: 

"6.  Where intervention by the Commission has been requested by a Member State, 
the Commission, acting in accordance with the procedure referred to in Article 
4(2) shall take a decision within a maximum of five working days of receipt of 
such a request. In cases of urgency, Article 4(3) shall apply." 

9. 

Article 17 is replaced by the following: 

"Article 17 

Where the interests of the Union so require, Commission, acting in accordance with 
the  procedure  referred  to  in  Article  4(2)  and  the  terms  of  Chapter  III,  may  adopt 
appropriate  measures  to  prevent  a  product  being  imported  into  the  Union  in  such 
greatly  increased  quantities  and/or  on  such  terms  or  conditions  as  to  cause,  or 
threaten  to  cause,  serious  injury  to  Union  producers  of  like  or  directly  competing 
products. 

Article 16(2) to (5) shall apply." 

10. 

Article 21(2) is replaced by the following: 

"2.  Where  the  Commission  considers  that  any  surveillance  or  safeguard  measure 
referred to in Articles 11, 13, 16, 17 and 18 should be revoked or amended, it 
shall,  acting  in  accordance  with  the  procedure  referred  to  in  Article  4(2), 
revoke or amend the measures." 

11. 

Article 23 is replaced by the following: 

"Article 23 

Where  the  interests  of  the  Union  so  require,  the  Commission,  acting  in  accordance 
with  the  procedure  referred  to  in  Article  4(2),  may  adopt  appropriate  measures  to 
allow the rights and obligations of the Union or of all its Member States, in particular 
those relating to trade in commodities, to be exercised and fulfilled at international 
level." 

EN 

49 

   EN 

 
 
21. 

COUNCIL REGULATION (EC) NO 625/2009 OF 7 JULY 2009 ON COMMON RULES FOR 
IMPORTS FROM CERTAIN THIRD COUNTRIES

108 

As  regards  Regulation  (EC)  No.  625/2009,  the  Commission  should  be  empowered  to  adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers109. 

Accordingly, Regulation (EC) No 625/2009 is amended as follows: 

1. 

2. 

Article 3 is deleted. 

Article 4 is replaced by the following: 

"Committee 

1. 

The Commission shall be assisted by the Committee on Safeguards established 
by Article 4(1) of Council Regulation (EC) No 260/2009110, referred to as the 
Committee.  That  Committee  shall  be  a  Committee  within  the  meaning  of 
Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof. 

4. 

Pursuant  to  Article  3(5)  of  Regulation  (EU)  No  […./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 […./2011] so requests." 

3. 

Article 5 is amended as follows: 

(a) 

In paragraph 1 the first sentence is replaced by the following: 

"Where it is apparent to the Commission that there is sufficient evidence to justify an 
investigation,  the  Commission  shall  initiate  an  investigation  within  one  month  of 
receipt  of  information  from  a  Member  State  and  publish  a  notice  in  the  Official 
Journal of the European Union." 

(b) 

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

"The Commission shall seek all information it deems to be necessary and, where it 
considers it appropriate endeavour to check this information with importers, traders, 
agents, producers, trade associations and organisations." 

108 
109 
110 

OJ L 185, 17.7.2009, p. 1. 
OJ L… 
OJ L 84, 31.3.2009, p. 1. 

EN 

50 

   EN 

 
 
 
 
                                                 
(c)  Paragraph 6 is replaced by the following: 

"6.  Where  it  appears  to  the  Commission  that  there  is  insufficient  evidence  to 
justify an investigation, it shall inform the Member States of its decision within 
one month of receipt of the information from the Member States." 

4. 

In Article 6(2) the first sentence is replaced by the following: 

"Where,  within  nine  months  of  the  initiation  of  the  investigation,  the  Commission 
considers  that  no  Union  surveillance  or  safeguard  measures  are  necessary,  the 
investigation shall be terminated." 

5. 

Article 7(2) is replaced by the following: 

"2.  The Commission, the Member States and the officials of any of these, shall not 
reveal  any  information  of  a  confidential  nature  received  in  pursuance  of  this 
Regulation,  or  any  information  provided  on  a  confidential  basis,  without 
specific permission from the supplier of such information."  

6. 

Article 12 is replaced by the following: 

"Article 12 

Where import of a product has not been made subject to prior Union surveillance, the 
Commission may introduce, in accordance with Article 17, surveillance confined to 
imports into one or more regions of the Union." 

7. 

Article 15 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"The measures adopted shall be communicated forthwith to the Member States 
and shall take effect immediately."; 

(b)  Paragraphs 4, 5 and 6 are replaced by the following: 

"4.  Where intervention by the Commission has been requested by a Member State, 
the Commission, acting in accordance with the procedure referred to in Article 
4(2), shall take a decision within a maximum of five working days of receipt of 
such a request. In cases of urgency, Article 4(3) shall apply." 

8. 

Article 16(1) is replaced by the following: 

"1.  The Commission may, in particular in the situation referred to in Article 15(1), 
adopt appropriate measures acting in accordance with the procedure referred to 
in Article 4(2)." 

9. 

Article 18(2) is replaced by the following: 

"2.  Where  the  Commission  considers  that  any  surveillance  or  safeguard  measure 
referred to in Chapters IV and V should be revoked or amended, it shall revoke 
or amend the measures." 

EN 

51 

   EN 

 
 
 
 
22. 

COUNCIL  REGULATION  (EC)  NO  1061/2009  OF  19  OCTOBER  2009  ESTABLISHING 
COMMON RULES FOR EXPORTS

111 

As regards Regulation (EC) No 1061/2009, the Commission should be empowered to adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers112. 

Accordingly, Regulation (EC) No 1061/2009 is amended as follows: 

1. 

2. 

Article 3 is deleted. 

Article 4 is replaced by the following: 

"1.  The  Commission  shall  be  assisted  by  a  Committee  on  common  rules  for 
exports,  referred  to  as  the  Committee.  That  Committee  shall  be  a  Committee 
within the meaning of Regulation (EU) No […./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof." 

3. 

Article 6 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1. 

In  order  to  prevent  a  critical  situation  from  arising  on  account  of  a 
shortage of essential products, or to remedy such a situation, and where 
Union  interests  call  for  immediate  intervention,  the  Commission,  acting 
at  the  request  of  a  Member  State  or  on  its  own  initiative,  and  taking 
account of the nature of the products and of the other particular features 
of the transactions in question, may make the export of a product subject 
to the production of an export authorisation, the granting of which shall 
be  governed  by  such  provisions  and  subject  to  such  limits  as  the 
Commission shall lay down in accordance with the procedure referred to 
in Article 4(2). In cases of urgency, Article 4(3) shall apply.";  

(b) 

In paragraph 4, the second sentence is deleted; 

(c)  Paragraphs 5 and 6 are replaced by the following: 

"5.  Where  the  Commission  has  acted  pursuant  to  paragraph  1,  it  shall,  not 
later than 12 working days following the entry into force of the measure 
which  it  has  taken  decide  whether  to  adopt  appropriate  measures  as 
provided  for  in  Article  7.  If,  at  the  end  of  6  weeks  following  the  entry 

111 
112 

OJ L 291, 7.11.2009, p. 1. 
OJ L… 

EN 

52 

   EN 

 
                                                 
into force of the measure, no measures have been adopted, the measure in 
question shall be deemed revoked." 

4. 

In Article 7(1), the introductory phrase is replaced by the following: 

"Where  the  interests  of  the  Union  so  require,  the  Commission  may,  acting  in 
accordance  with  the  procedure  referred  to  in  Article  4(2),  adopt  appropriate 
measures:" 

5. 

Article 8(2) is replaced by the following: 

"2.  Where the Commission considers that any measure provided for in Article 6 or 
in Article 7 should be revoked or amended, it shall act in accordance with the 
procedure referred to in Article 4(2)." 

23. 

COUNCIL REGULATION (EC) NO 1215/2009 OF 30 NOVEMBER 2009 INTRODUCING 
EXCEPTIONAL 
TERRITORIES 
PARTICIPATING  IN  OR  LINKED  TO  THE  EUROPEAN  UNION’S  STABILISATION  AND 
ASSOCIATION PROCESS

FOR  COUNTRIES  AND 

TRADE  MEASURES 

113 

As regards Regulation (EC) No 1215/2009, the Commission should be empowered to adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers114. 

Accordingly, Regulation (EC) No 1215/2009 is amended as follows: 

1. 

Article 2 is amended as follows: 

(a) 

In paragraph 2, the second subparagraph is deleted; 

(b)  The following paragraph 3 is added: 

"3. 

In the event of non-compliance in respect of paragraphs 1 or 2, the benefits of 
this  Regulation  for  the  country  may  be  suspended,  in  whole  or  in  part,  in 
accordance with the procedure referred to in Article 8a(2)." 

2. 

The following Article 8a is inserted: 

"Article 8a 

Committee 

1. 

For the purposes of Articles 2 and 10, the Commission shall be assisted by the 
Western  Balkans  Implementation  Committee.  That  Committee  shall  be  a 
Committee within the meaning of Regulation (EU) No […./2011]. 

113 
114 

OJ L 328, 15.12.2009, p. 1. 
OJ L… 

EN 

53 

   EN 

 
 
                                                 
2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply." 

3. 

Article 10 is amended as follows: 

(a)  Paragraph 1 is amended as follows: 

(1) 

Point (a) is replaced by the following: 

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

(2) 

The following second subparagraph is added: 

"The  measures  referred  to  in  the  first  subparagraph  shall  be  adopted  in  accordance 
with the procedure referred to in Article 8a(2)."; 

(b)  Paragraph 2 is deleted; 

(c)  Paragraph 3 is replaced by the following: 

"On conclusion of the period of suspension, the Commission shall decide either 
to  terminate  the  provisional  suspension  measure  or  to  extend  the  suspension 
measure in accordance with paragraph 1." 

24. 

COUNCIL  REGULATION  (EC)  NO  1225/2009  OF  30  NOVEMBER  2009  ON 
PROTECTION AGAINST  DUMPED IMPORTS FROM COUNTRIES NOT  MEMBERS OF THE 
EUROPEAN COMMUNITY

115 

As regards Regulation (EC) No 1225/2009, the Commission should be empowered to adopt 
the  measures  necessary  for  the  implementation  of  that  Regulation  in  accordance  with 
Regulation  (EU)  No  [xxxx/2011]  of  [xx/yy/2011]  of  the  European  Parliament  and  of  the 
Council laying down the rules and general principles concerning mechanisms for control by 
Member States of the Commission’s exercise of implementing powers116. 

Accordingly, Regulation (EC) No 1225/2009 is amended as follows: 

1. 

In Article 2(7) the final subparagraph is replaced by the following: 

the 
"A  determination  by 
abovementioned  criteria  shall  be  made  within  six  months  of  the  initiation  of  the 
investigation  after  the  Union  industry  has  been  given  an  opportunity  to  comment. 
This determination shall remain in force throughout the investigation." 

the  Commission  whether 

the  producer  meets 

2. 

Article 5(9) is replaced by the following: 

"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 and shall publish a notice in the Official Journal of the European Union. 

115 
116 

OJ L 343, 22.12.2009, p. 51. 
OJ L… 

EN 

54 

   EN 

 
 
 
 
 
 
                                                 
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." 

3. 

Article 6(9) is replaced by the following:  

"For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever 
possible,  be  concluded  within  one  year.  In  any  event,  such  investigations  shall  be 
concluded  within  15  months  of  initiation,  in  accordance  with  the  findings  made 
pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for 
definitive  action.  In  exceptional  cases,  having  regard  to  the  complexity  of  the 
investigation, the Commission may decide, no later than 9 months after the initiation 
of the investigation, to extend this time limit, for a period up to, but in no case longer 
than, 18 months." 

4. 

Article 7 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"Provisional duties may be imposed if proceedings have been initiated in accordance 
with  Article  5,  if  a  notice  has  been  given  to  that  effect  and  interested  parties  have 
been  given  an  adequate  opportunity  to  submit  information  and  make  comments  in 
accordance  with  Article  5(10),  if  a  provisional  affirmative  determination  has  been 
made  of  dumping  and  consequent  injury  to  the  Union  industry,  and  if  the  Union 
interest calls for intervention to prevent such injury. The provisional duties shall be 
imposed no earlier than 60 days and no later than 9 months from the initiation of the 
proceedings.  In  exceptional  cases,  having  regard  to  the  complexity  of  the 
investigation, the Commission may decide, no later than 8 months after the initiation 
of the investigation, to extend this time limit, to a period up to, but in no case longer 
than, 12 months." 

(b)  Paragraph 4 is replaced by the following: 

"4.  The  Commission  shall  take  provisional  measures  in  accordance  with  the 
procedure referred to in Article 15(3). " 

(c)  Paragraph 6 is deleted. 

5. 

Article 8 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  Upon condition that a provisional affirmative determination of dumping 
and  injury  has  been  made,  the  Commission  may  accept  satisfactory 
voluntary  undertaking  offers  submitted  by  any  exporter  to  revise  its 
prices  or  to  cease  exports  at  dumped  prices,  if  it  is  satisfied  that  the 
injurious effect of the dumping is thereby eliminated. In such a case and 
as long as such undertakings are in force, provisional duties imposed by 
the  Commission  in  accordance  with  Article  7(1)  or  definitive  duties 
imposed  in  accordance  with  Article  9(4)  as  the  case  may  be  shall  not 
apply to the relevant imports of the product concerned manufactured by 
the  companies  referred  to  in  the  Commission  decision  accepting 

EN 

55 

   EN 

 
 
 
undertakings,  as  subsequently  amended.  Price  increases  under  such 
undertakings  shall  not  be  higher  than  necessary  to  eliminate  the  margin 
of dumping and they should be less than the margin of dumping if such 
increases would be adequate to remove the injury to the Union industry."; 

(b)  Paragraph 5 is replaced by the following: 

"5.  Where  undertakings  are  accepted,  the  investigation  shall  be  terminated. 
The Commission shall terminate the investigation in accordance with the 
procedure referred to in Article 15(2)." 

(c) 

In paragraph 9, the first subparagraph is replaced by the following: 

"9. 

In  case  of  breach  or  withdrawal  of  undertakings  by  any  party  to  the 
undertaking, or in case of withdrawal of acceptance of the undertaking by 
the  Commission,  the  acceptance  of  the  undertaking  shall  be  withdrawn 
by Commission Decision or Commission Regulation, as appropriate, and 
the  provisional  duty  which  has  been  imposed  by  the  Commission  in 
accordance with Article 7 or the definitive duty which has been imposed 
in  accordance  with  Article  9(4)  shall  automatically  apply,  provided  that 
the exporter concerned has, except where he himself has withdrawn the 
undertaking, been given an opportunity to comment."; 

(d)  Paragraph 10 is replaced by the following: 

"10.  A provisional duty may be imposed in accordance with Article 7 on the 
basis  of  the  best  information  available,  where  there  is  reason  to  believe 
that an undertaking is being breached, or in case of breach or withdrawal 
of  an  undertaking  where  the  investigation  which  led  to  the  undertaking 
has not been concluded." 

6. 

Article 9 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

"2.  Where  protective  measures  are  unnecessary 

investigation  or 
proceeding  shall  be  terminated.  The  Commission  shall  terminate  the 
investigation  in  accordance  with  the  procedure  referred  to  in  Article 
15(2)."; 

the 

(b)  Paragraph 4 is replaced by the following: 

"4.  Where  the  facts  as  finally  established  show  that  there  is  dumping  and 
injury  caused  thereby,  and  the  Union  interest  calls  for  intervention  in 
accordance  with  Article  21,  a  definitive  anti-dumping  duty  shall  be 
imposed  by  the  Commission  acting  in  accordance  with  the  procedure 
referred  to  in  Article  15(2).  Where  provisional  duties  are  in  force,  the 
Commission shall initiate this procedure no later than one month before 
the expiry of such duties. The amount of the anti-dumping duty shall not 
exceed the margin of dumping established but it should be less than the 
margin if such lesser duty would be adequate to remove the injury to the 
Union industry." 

EN 

56 

   EN 

7. 

In Article 10(2), the first sentence is replaced by the following: 

"2.  Where a provisional duty has been applied and the facts as finally established 
show  that  there  is  dumping  and  injury,  the  Commission  shall  decide, 
irrespective of whether a definitive anti-dumping duty is to be imposed, what 
proportion of the provisional duty is to be definitively collected." 

8. 

Article 11 is amended as follows: 

(a) 

In paragraph 4, the first sentence of the third subparagraph is replaced with: 

"A  review  for  a  new  exporter  shall  be  initiated  and  carried  out  on  an 
accelerated  basis  after  Union  producers  have  been  given  an  opportunity  to 
comment." 

(b) 

In  paragraph  5,  the  first  and  second  subparagraphs  are  replaced  with  the 
following: 

"The relevant provisions of this Regulation with regard to procedures and the 
conduct of investigations, excluding those relating to time-limits, shall apply to 
any review carried out pursuant to paragraphs 2, 3 and 4. Reviews carried out 
pursuant  to  paragraphs  2  and  3  shall  be  carried  out  expeditiously  and  shall 
normally be concluded within 12 months of the date of initiation of the review. 
In any event, reviews pursuant to paragraphs 2 and 3 shall be concluded within 
15 months of initiation. In exceptional cases, having regard to the complexity 
of the investigation, the Commission may decide, no later than 9 months after 
the initiation of the investigation, to extend this time limit, for a period up to, 
but in no case longer than, 18 months. Reviews pursuant to paragraph 4 shall in 
all cases be concluded within nine months of the date of initiation. If a review 
carried out pursuant to paragraph 2 is initiated while a review under paragraph 
3 in ongoing in the same proceeding, the review pursuant to paragraph 3 shall 
be concluded at the same time as the review pursuant to paragraph 2." 

(c)  Paragraph 6 is replaced with the following: 

"Reviews pursuant to this Article shall be initiated by the Commission. Where 
warranted  by  reviews,  measures  shall  be  repealed  or  maintained  pursuant  to 
paragraph 2, or repealed, maintained or amended pursuant to paragraphs 3 and 
4.  Where  measures  are  repealed  for  individual  exporters,  but  not  for  the 
country as a whole, such exporters shall remain subject to the proceeding and 
may, automatically, be reinvestigated in any subsequent review carried out for 
that country pursuant to this Article."; 

(d) 

In paragraph 8, the first sentence of the fourth subparagraph is replaced by the 
following: 

"The  Commission  shall  decide  whether  and  to  what  extent  the  application 
should  be  granted,  or  it  may  decide  at  any  time  to  initiate  an  interim  review, 
whereupon  the  information  and  findings  from  such  review  carried  out  in 
accordance  with  the  provisions  applicable  for  such  reviews,  shall  be  used  to 
determine whether and to what extent a refund is justified." 

EN 

57 

   EN 

 
 
 
 
9. 

Article 12 is amended as follows: 

(a) 

In paragraph 1, the first subparagraph is replaced by the following: 

"Where  the  Union  industry  or  any  other  interested  party  submit,  normally 
within  two  years  from  the  entry  into  force  of  the  measures,  sufficient 
information showing that, after the original investigation period and prior to or 
following  the  imposition  of  measures,  export  prices  have  decreased  or  that 
there has been no movement, or insufficient movement in the resale prices or 
subsequent  selling  prices  of  the  imported  product  in  the  Union,  the 
investigation may be reopened to examine whether the measure has had effects 
on the abovementioned prices." 

(b)  Paragraph 3 is replaced by the following: 

"3.  Where  a  reinvestigation  pursuant  to  this  Article  shows  increased 
dumping,  the  measures  in  force  may,  be  amended  by  the  Commission 
acting  in  accordance  with  the  procedure  referred  to  in  Article  15(2),  in 
accordance  with  the  new  findings  on  export  prices.  The  amount  of  the 
anti-dumping  duty  imposed  pursuant  to  this  Article  shall  not  exceed 
twice the amount of the duty imposed initially." 

(c) 

In  paragraph  4,  the  first  and  second  subparagraphs  are  replaced  by  the 
following: 

"The relevant provisions of Articles 5 and 6 shall apply to any reinvestigation 
carried  out  pursuant  to  this  Article,  except  that  such  reinvestigation  shall  be 
carried out expeditiously and shall normally be concluded within nine months 
of 
the  reinvestigation.  In  any  event,  such 
reinvestigations shall in all cases be concluded within one year of initiation of 
the reinvestigation." 

the  date  of 

initiation  of 

10. 

Article 13 is amended as follows: 

(a)  Paragraph 3 is replaced by the following: 

"Investigations shall be initiated pursuant to this Article on the initiative of the 
Commission or at the request of a Member State or any interested party on the 
basis  of  sufficient  evidence  regarding  the  factors  set  out  in  paragraph  1. 
Initiations  shall  be  made  by  Commission  Regulation  which  may  also  instruct 
the  customs  authorities  to  make  imports  subject  to  registration  in  accordance 
with Article 14(5) or to request guarantees. Investigations shall be carried out 
by the Commission, which may be assisted by customs authorities and shall be 
concluded within nine months. When the facts as finally ascertained justify the 
extension  of  measures,  this  shall  be  done  by  the  Commission  acting  in 
accordance with the procedure referred to in Article 15(2). The extension shall 
take effect from the date on which registration was imposed pursuant to Article 
14(5)  or  on  which  guarantees  were  requested.  The  relevant  procedural 
provisions  of  this  Regulation  with  regard  to  initiations  and  the  conduct  of 
investigations shall apply pursuant to this Article."; 

(b) 

In paragraph 4, the second subparagraph is replaced by the following: 

EN 

58 

   EN 

 
 
 
"These  exemptions  shall  be  granted  by  decision  of  the  Commission  and  shall 
remain valid for the period and under the conditions set down therein." 

11. 

Article 14 is amended as follows: 

(a)  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,  by  the  Commission  acting  in  accordance  with  the 
procedure referred to in Article 15(2). Measures may only be suspended 
where  market  conditions  have  temporarily  changed  to  an  extent  that 
injury  would  be  unlikely  to  resume  as  a  result  of  the  suspension,  and 
provided  that  the  Union  industry  has  been  given  an  opportunity  to 
comment  and  these  comments  have  been  taken  into  account.  Measures 
may, at any time be reinstated if the reason for suspension is no longer 
applicable." 

(b) 

In paragraph 5 the first sentence is replaced by the following 

"5.  The  Commission  may  direct  the  customs  authorities  to  take  the 
appropriate steps to register imports, so that measures may subsequently 
be applied against those imports from the date of such registration." 

12. 

Article 15 is replaced by the following: 

"Committee 

1. 

The  Commission  shall  be  assisted  by  the  Anti-Dumping  Committee.  That 
Committee  shall  be  a  Committee  within  the  meaning  of  Regulation  (EU)  No 
[…./2011]. 

2.  Where reference is made to this paragraph, Article [5] of Regulation (EU) No 

[xxxx/2011] shall apply. 

3.  Where reference is made to this paragraph, Article [8] of Regulation (EU) No 

[xxxx/2011] shall apply in conjunction with Article [5] thereof. 

4. 

Pursuant  to  Article  3(5)  of  Regulation  (EU)  No  […./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 […./2011] so requests." 

13. 

Article 19(5) is replaced by the following: 

"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 

EN 

59 

   EN 

 
 
 
 
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." 

14. 

Article 20 is amended as follows: 

(a)  Paragraph 4 is replaced by the following: 

"Final disclosure shall be given in writing. It shall be made, due regard being had to 
the protection of confidential information, as soon as possible and, normally, no later 
than one month prior to the initiation of the procedures set out in Article 9. 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  decision  is  based  on  any  different  facts  and  considerations,  these  shall  be 
disclosed as soon as possible." 

(b)  Paragraph 5 is replaced by the following: 

"Representations  made  after  final  disclosure  is  given  shall  be  taken  into  consideration 
only if received within a period to be set by the Commission in each case, which shall be at 
least  10  days,  due  consideration  being  given  to  the  urgency  of  the  matter.  A  shorter 
period can be set whenever a final disclosure has already been made." 

15. 

Article 21 is amended as follows: 

(a)  Paragraph 4 is replaced by the following: 

"4.  The  parties  which  have  acted  in  conformity  with  paragraph  2  may 
provide  comments  on  the  application  of  any  provisional  duties.  Such 
comments  shall  be  received  within  15  days  of  the  application  of  such 
measures  if  they  are  to  be  taken  into  account  and  they,  or  appropriate 
summaries thereof, shall be made available to other parties who shall be 
entitled to respond to such comments". 

(b)  Paragraph 5 is 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." 

(c) 

In paragraph 6, the second sentence is replaced by the following: 

"Such  information  shall  be  made  available  to  the  extent  possible  and  without 
prejudice to any subsequent decision taken by the Commission." 

EN 

60 

   EN 

 
 
 
 
 
 
 
 
LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Regulation of the European Parliament and of the Council amending 
certain  regulations  relating  to  the  common  commercial  policy  as  regards  the 
procedures for the adoption of certain measures. 

2. 

BUDGET LINES: 

Not applicable. 

3. 

FINANCIAL IMPACT  

(cid:59) 

Proposal has no financial implications. 

4. 

ANTI-FRAUD MEASURES 

Not applicable. 

EN 

61 

   EN