Exceptional trade measures for countries and territories participating in or linked to the EU's Stabilisation and Association process ***I European Parliament amendments adopted on 11 May 2011 to the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD))
Date: 2011-05-11
Institutions: European Parliament
Subjects: Combined Nomenclature, EU agricultural market, beef, common organisation of markets, originating product, tariff quota








CE2012377EN.01025302.xml










7.12.2012   


EN


Official Journal of the European Union


CE 377/253





Wednesday 11 May 2011Exceptional trade measures for countries and territories participating in or linked to the EU's Stabilisation and Association process ***I
P7_TA(2011)0219
European Parliament amendments adopted on 11 May 2011 to the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD)) (1)

2012/C 377 E/46
(Ordinary legislative procedure: first reading)






TEXT PROPOSED BY THE COMMISSION


AMENDMENT





Amendment 12






Proposal for a regulation – amending act


Recital 7 a (new)





 










(7a)






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











Amendment 13






Proposal for a regulation – amending act


Recital 7 b (new)





 










(7b)






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











Amendment 14






Proposal for a regulation – amending act


Article 1 – point 2 a (new)

Regulation (EC) No 1215/2009
Article 2 – paragraph 2 – subparagraph 2




 










(2a)






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



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










Amendment 15






Proposal for a regulation – amending act


Article 1 – point 3

Regulation (EC) No 1215/2009
Article 3 – paragraph 2 – subparagraph 2




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




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







Amendment 16






Proposal for a regulation – amending act


Article 1 – point 4 a (new)

Regulation (EC) No 1215/2009
Article 3 – paragraph 4




 










(4a)






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



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










Amendment 17






Proposal for a regulation – amending act


Article 1 – point 5

Regulation Regulation (EC) No 1215/2009
Article 4












(5)






Article 4 is replaced by the following:



"Article 4


Implementation of tariff quota for ‧baby beef‧



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










deleted







Amendment 18






Proposal for a regulation – amending act


Article 1 – point 5 a (new)

Regulation Regulation (EC) No 1215/2009
Article 7




 










(5a)






Article 7 is replaced by the following:



"Article 7


Conferral of powers

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









(a)




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












(b)




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














(c)






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







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











Amendment 19






Proposal for a regulation – amending act


Article 1 – point 5 b (new)

Regulation Regulation (EC) No 1215/2009
Article 7 a (new)




 










(5b)






The following article is inserted:



"Article 7a


Exercise of the delegation



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




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




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




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




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











Amendment 20






Proposal for a regulation – amending act


Article 1 – point 5 c (new)

Regulation Regulation (EC) No 1215/2009
Article 7 b (new)




 










(5c)






The following article is inserted:



"Article 7b


Urgency procedure



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




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











Amendment 21






Proposal for a regulation – amending act


Article 1 – point 5 d (new)

Regulation Regulation (EC) No 1215/2009
Article 8




 










(5d)






Article 8 is replaced by the following:



‘Article 8

Committee procedure


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



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



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











Amendment 22






Proposal for a regulation – amending act


Article 1 – point 5 e (new)

Regulation Regulation (EC) No 1215/2009
Article 10 – paragraph 1




 










(5e)






Article 10(1) is amended as follows:










(a)






point (a) is replaced by the following:









"(a)




informed the Western Balkans Implementation Committee;"

















(b)






the following subparagraph is added:




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
















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

(2)  

OJ L 55, 28.2.2011, p. 13.