Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures
Date: 2011-06-15
Institutions: European Commission
Subjects: European Parliament, common commercial policy, delegation of power, drafting of EU law, import (EU)

EUROPEAN COMMISSION 

Brussels, 15.6.2011 
COM(2011) 349 final 

2011/0153 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain regulations relating to the common commercial policy as regards the 
granting of delegated powers for the adoption of certain measures  

 
 
  
 
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 the two. 

–  The  provisions  of  the  Treaty  on  delegated  acts,  which  are  set  out  in  Article  290  of  the 
Treaty on the Functioning of the European 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  establishing  the  mechanisms  of  such  control  is  set  out  in 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  the  Council  laying  down 
the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers.1 

As regards trade policy, the Treaty of Lisbon provides that the ordinary legislative procedure 
applies,  meaning  that  for  the  first  time  the  European  Parliament  is  fully  associated  in  the 
conduct of trade policy.  

In  relation  to  the  adoption  of  Regulation  (EU)  No  182/2011  the  Commission  made  the 
following statement: 

"The  Commission  will  proceed  to  an  examination  of  all  legislative  acts  in  force 
which  were  not  adapted  to  the  regulatory  procedure  with  scrutiny  before  the  entry 
into  force  of  the  Lisbon  Treaty,  in  order  to  assess  if  those  instruments  need  to  be 
adapted  to  the  regime  of  delegated  acts  introduced  by  Article  290  of  the  Treaty  on 
the Functioning of the European Union. The Commission will make the appropriate 
proposals  as  soon  as  possible  and  no  later  than  at  the  dates  mentioned  in  the 
indicative calendar annexed to this declaration."2 

The present proposal results from the Commission's examination of the legislative acts in the 
field of trade policy. Legislation in the field of trade policy has not been adapted in the past to 
the regulatory procedure with scrutiny.  

This proposal accompanies a first proposal the  Commission  has  made  on  trade  policy.  That 
proposal (COM(2011)82 final of 7 March 2011 - referred to as "Trade Omnibus I"3) amends 
certain regulations relating to the common commercial policy as regards procedures where the 

1 
2 
3 

OJ L 55, 28.2.2011 p. 13. 
OJ L 55, 28.2.2011 p. 19. 
OJ L xxx, xx.xx.xxxx, p. 4. 

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2 

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Council  was  involved  in  decision-making  which  were  not  based  on  Council  Decision 
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing 
powers  conferred  on  the  Commission.4  It  proposes  that  such  procedures  be  converted  into 
either delegated acts pursuant to Article 290 of the Treaty or implementing acts pursuant to 
Article 291. 

The  current  proposal  examines  all  remaining  decision-making  procedures  found  in  trade 
policy legislation in order to adapt them, where appropriate, to the regime for delegated acts 
set down in Article 290. In principle these are decision-making procedures based on Council 
Decision  1999/468/EC.  At  the  time  of  making  the  statement  related  to  the  adoption  of 
Regulation 182/2011 the Commission provided a list of acts in annex. As regards trade policy, 
the Commission listed the following acts5: 

– 

– 

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Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules 
for imports of certain textile products from third countries 

Council  Regulation  (EC)  No  517/94  of  7  March  1994  on  common  rules  for 
imports of textile products from certain third countries not covered by bilateral 
agreements, protocols or other arrangements, or by other specific Community 
import rules 

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 amended 

Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion 
into the European Union of certain key medicines 

Council Regulation (EC) No 673/2005 of 25 April 2005establishing additional 
customs duties on imports of certain products originating in the United States 
of America 

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 

Council  Regulation  (EC)  No  1528/2007  of  20  December  2007  applying  the 
arrangements  for  products  originating  in  certain  states  which  are  part  of  the 
African,  Caribbean  and  Pacific  (ACP)  Group  of  States  provided  for  in 
agreements  establishing,  or  leading  to  the  establishment  of,  Economic 
Partnership Agreements 

4 
5 

OJ L 184, 17.7.1999, p. 23. 
These acts are numbered 73 to 86 in the list of acts referred to in the Commission's statement. Available 
at 
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-
0488+0+DOC+XML+V0//EN&language=EN#BKMD-5.  

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– 

– 

– 

– 

– 

– 

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

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

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 

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 
964/2007 

Council  Regulation  (EC)  No  1215/2009  of  30  November  2009  introducing 
exceptional  trade  measures  for  countries  and  territories  participating  in  or 
linked to the European Union's Stabilisation and Association process 

Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering 
certain  restrictions  on  imports  of  certain  steel  products  from  the  Russian 
Federation  

Council  Regulation  (EC)  No  1340/2008  of  8  December  2008  on  trade  in 
certain  steel  products  between  the  European  Community  and  the  Republic  of 
Kazakhstan6 

The  Commission  has  examined  all  of  these  regulations.  Where  appropriate,  it  proposes  that 
certain  procedures  be  converted  into  delegated  acts.  The  next  section  explains  for  each 
regulation the approach proposed by the Commission. 

2. 

– 

ANALYSIS OF EXISTING PROCEDURES 

Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for 
imports of certain textile products from third countries 

The  Commission  carefully  examined  the  procedures  provided  for  in  this  regulation.  It 
considers that the procedures provided for in Articles 2(6), 6(2), 8, 10, 10a(3), 13(3), 15(3), 

6 

The regulations are listed here as they appeared in the list annexed to the Commission statement. In the 
rest of this proposal they are listed in chronological order by date of adoption. 

EN 

4 

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15(5),  19,  4(3)  of  Annex  IV  and  2,  3(1),  3(3)  of  Annex  VII  should  be  converted  into 
procedures  for  the  adoption  of  delegated  acts.  It  notes  that  some  of  these  articles  refer  to 
decision-making  procedures  for  the  adoption  of  safeguard  measures.  The  Commission 
considers that such measures should normally be regarded as implementing measures, except, 
as in this case, where they may lead to amendments to the relevant annexes of the regulation 
and therefore exceptionally fall to be considered as delegated acts. 

The  Commission  examined  all  other  decision-making  procedures  provided  for  in  this 
Regulation, and concludes that these procedures should be retained as implementing acts. The 
list of articles containing such procedures is as follows: Articles 2(8), 12, 15(1) and Articles 
10, 14 and 21 of Annex III. 

– 

Council  Regulation  (EC)  No  517/94  of  7  March  1994  on  common  rules  for 
imports of textile products from certain third countries not covered by bilateral 
agreements,  protocols  or  other  arrangements,  or  by  other  specific  Community 
import rules 

The  Commission  carefully  examined  the  procedures  provided  for  in  this  regulation.  It 
considers that the procedures provided for in Articles 3(3), 5(2), 12(3), 13, 16 and 28 should 
be  converted  into  procedures  for  the  adoption  of  delegated  acts.  It  notes  that  some  of  these 
articles  refer  to  decision-making  procedures  for  the  adoption  of  safeguard  measures.  The 
Commission  considers  that  such  measures  should  normally  be  regarded  as  implementing 
measures, except, as in this case, where they may lead to amendments to the relevant annexes 
of the regulation and therefore exceptionally fall to be considered as delegated acts.  

The  Commission  examined  all  other  decision-making  procedures  provided  for  in  this 
Regulation, and concludes that these procedures should be retained as implementing acts. The 
list of articles containing such procedures is as follows: Articles 6(2), 6(3), 7(1), 8(2), 11, 15, 
17(3), 17(6), 20, 21(2), 21(3), 21(4), 21(5) and 23. 

– 

Council  Regulation  (EC)  No  2248/2001  of  19  November  2001  on  certain 
procedures  for  applying  the  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 amended 

The Commission carefully examined the procedures provided for in Articles 2, 4, 7 and 7f of 
the  Regulation.  It  came  to  the  conclusion  that  none  of  these  procedures  leads  to  acts  which 
supplement or amend the basic act and which therefore require to be converted into delegated 
acts. 

– 

Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion 
into the European Union of certain key medicines 

This regulation provides that the annex to the regulation may be amended to add tiered priced 
products to the list in the annex. This should be converted into a system of delegated acts. 

– 

Council  Regulation  (EC)  No  673/2005  of  25  April  2005  establishing  additional 
customs duties on imports of certain products originating in the United States of 
America 

EN 

5 

   EN 

 
This  regulation  provides  that  the  annex  to  the  regulation  may  be  amended  to  make 
adjustments  to  the  customs  duties  applied  and  the  products  to  which  the  duties  apply.  This 
should be converted into a system of delegated acts. 

– 

Council  Regulation  (EC)  No  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 

The Commission carefully examined the procedures provided for in Articles 2, 4, and 11 of 
the  Regulation.  It  came  to  the  conclusion  that  none  of  these  procedures  leads  to  acts  which 
supplement or amend the basic act and which therefore require to be converted into delegated 
acts. 

– 

Council  Regulation  (EC)  No  1342/2007  of  22  October  2007  on  administering 
certain  restrictions  on  imports  of  certain  steel  products  from  the  Russian 
Federation  

Article  5  states  that  the  annexes  to  the  regulation  should  be  modified  as  specified  in  the 
relevant agreement with the Russian Federation. Article 6(3) provides that the annexes can be 
modified in the event of circumvention. The Commission is permitted to make such changes 
and  no  specific  procedure  is  specified.  Article  12  also  permits  the  modification  of  the 
annexes,  and  is  understood  as  permitting  the  Commission  to  modify  the  annexes.  The 
Commission considers that these procedures should be converted into delegated powers. The 
Commission regards the powers provided in Articles 14 and 15 as being implementing acts.  

– 

Council  Regulation  (EC)  No  1528/2007  of  20  December  2007  applying  the 
arrangements  for  products  originating  in  certain  states  which  are  part  of  the 
African,  Caribbean  and  Pacific  (ACP)  Group  of  States  provided  for  in 
leading  to  the  establishment  of,  Economic 
agreements  establishing,  or 
Partnership Agreements 

This regulation provides powers in Article 4(3) and Article 23 to make amendments to Annex 
II  on  rules  of  origin  and  the  regulation  as  a  whole  in  the  event  of  divergences  with 
international  agreements.  These  procedures  should  be  converted  into  procedures  for  the 
adoption  of  delegated  acts.  The  regulation  contains  a  number  of  other  procedures  currently 
subject  to  Regulation  182/2011  which  the  Commission  considers  should  be  maintained  as 
implementing  acts.  These  procedures  are  decisions  on  the  management  of  rules  of  origin 
(Article 4(3)), suspension of benefits in the event of fraud (Article 5), detailed rules  for  the 
implementation  and  management  for  implementing  the  tariff  rate  quotas  for  sugar  and  rice 
(Articles 6 and 7)7, the transitional safeguard mechanism for sugar (Article 9), the transitional 
surveillance  mechanism  for  processed  agricultural  products  (Article  10),  decisions  on 
cumulation  for  rules  of  origin  purposes  (Article  6  of  Annex  II)  and  derogations  from  the 
provisions of Annex II on rules of origin (Article 36 of Annex II). 

7 

The tariff rate quotas in question no longer apply since 1 January 2010 for rice and 1 October 2009 for 
sugar. 

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– 

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

Article  7  provides  that  the  Commission  may  make  amendments  and  technical  adjustments 
following  amendments  to  the  Combined  Nomenclature  or  the  conclusion  of  international 
agreements.  The  Commission  considers  that  this  procedure  should  be  converted  into  a 
delegated power. The other procedures should remain as implementing acts. 

– 

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

The Commission carefully examined the procedures provided for in Articles 2, 4, and 11 of 
the  Regulation.  It  came  to  the  conclusion  that  none  of  these  procedures  leads  to  acts  which 
supplement or amend the basic act and which therefore require to be converted into delegated 
acts. 

– 

Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for 
applying  the  Stabilisation  and  Association  Agreement  between  the  European 
Communities  and  their  Member  States,  of  the  one  part,  and  Bosnia  and 
Herzegovina,  of  the  other  part,  and  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 

The Commission carefully examined the procedures provided for in Articles 2, 4, and 11 of 
the  Regulation.  It  came  to  the  conclusion  that  none  of  these  procedures  leads  to  acts  which 
supplement  or  amend  the  basic  act  and  which  therefore  required  to  be  converted  into 
delegated acts. 

– 

Council  Regulation  (EC)  No  732/2008  of  22  July  2008  applying  a  scheme  of 
generalised  tariff  preferences  for  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 964/2007 

This  regulation  provides  for  the  annexes  thereto  to  be  amended  in  a  number  of  specified 
purposes as set out in Article 25 thereof. It is  appropriate  to  convert  the  system  for  making 
such  amendments  into  a  system  of  delegated  acts.  At  the  same  time,  the  regulation  also 
requires,  in  Articles  10(2)  and  11(8)  that  certain  of  these  amendments  be  preceded  by 
decisions  adopted  pursuant  to  the  examination  procedure  as  provided  for  in  Article  5  of 
Regulation  (EU)  No.  182/2011.  It  is  undesirable  in  terms  of  legal  clarity  to  require  that  the 
same  substantive  decision  be  subject  to  two  different  decision-making  procedures,  with  the 
risk  that  those  two  procedures  lead  to  different  result.  As  a  consequence,  the  Commission 
proposes  that  these  procedures  be  unified  into  a  system  of  delegated  acts.  The  procedures 
provided for in Article 11(7) should be considered as implementing act and therefore do not 
require to be converted into a system of delegated acts.  

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– 

Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in certain 
steel  products  between  the  European  Community  and  the  Republic  of 
Kazakhstan 

Article  5(3)  provides  that  the  annexes  can  be  modified  in  the  event  of  circumvention.  The 
Commission  is  permitted  to  make  such  changes  and  no  specific  procedure  is  set  out.  The 
Commission considers that this procedure should be converted into a delegated power. Other 
procedures should remain as implementing acts. 

– 

Council  Regulation  (EC)  No  1215/2009  of  30  November  2009  introducing 
exceptional  trade  measures  for  countries  and  territories  participating  in  or 
linked to the European Union's Stabilisation and Association process 

Article  7  provides  that  the  Commission  may  make  amendments  and  technical  adjustments 
following  amendments  to  the  Combined  Nomenclature  or  the  conclusion  of  international 
agreements.  The  Commission  considers  that  this  procedure  should  be  converted  into  a 
delegated power. Other procedures should remain as implementing acts. 

3. 

CONCLUSION 

The  result  of  the  adoption  of  the  two  proposals  adopted  by  the  Commission  as  regards 
decision-making procedures in trade policy 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.  The  Commission  will 
propose  a  codification  of  the  acts  as  expeditiously  as  possible  once  the  two  horizontal 
proposals are adopted. 

The Commission also notes that certain regulations, in particular  Council Regulation (EEC) 
No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from 
third countries and Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for 
imports  of  textile  products  from  certain  third countries  not  covered  by  bilateral agreements, 
protocols  or  other  arrangements,  or  by  other  specific  Community  import  rules  contain 
provisions  creating  procedures  for  the  adoption  of  delegated  or  implementing  acts  in  the 
annexes themselves. While this drafting technique is not now considered satisfactory, it would 
not be appropriate, in a proposal with a limited scope as in the present, to revisit the structure 
of the legislation.  

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2011/0153 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain regulations relating to the common commercial policy as regards the 
granting of delegated powers for the adoption of certain measures  

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  are  to  be  adopted  on  the  basis  of  the  procedures  set  out  in  Council  Decision 
1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the  exercise  of 
implementing powers conferred on the Commission8. 

An examination of legislative acts in force which were not adapted to the regulatory 
procedure with scrutiny before the entry into force of the Treaty of Lisbon is necessary 
in  order  to  ensure  consistency  with  the  provisions  introduced  by  that  Treaty.  It  is 
appropriate, in certain cases, to amend such acts in order to grant delegated powers to 
the  Commission  pursuant  to  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European Union.  

(3) 

The following regulations should therefore be amended accordingly:  

– 

– 

Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules 
for imports of certain textile products from third countries9, 

Council  Regulation  (EC)  No  517/94  of  7  March  1994  on  common  rules  for 
imports of textile products from certain third countries not covered by bilateral 
agreements, protocols or other arrangements, or by other specific Community 
import rules10, 

8 
9 
10 

OJ L 184, 17.7.1999, p. 23. 
OJ L 275, 8.11.1993, p. 1. 
OJ L 67, 10.3.1994, p. 1. 

EN 

9 

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– 

– 

– 

– 

– 

– 

– 

– 

Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion 
into the European Union of certain key medicines11, 

Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional 
customs duties on imports of certain products originating in the United States 
of America12, 

Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering 
certain  restrictions  on  imports  of  certain  steel  products  from  the  Russian 
Federation13,  

Council  Regulation  (EC)  No  1528/2007  of  20  December  2007  applying  the 
arrangements  for  products  originating  in  certain  states  which  are  part  of  the 
African,  Caribbean  and  Pacific  (ACP)  Group  of  States  provided  for  in 
agreements  establishing,  or  leading  to  the  establishment  of,  Economic 
Partnership Agreements14, 

Council  Regulation  (EC)  No  55/2008  of  21  January  2008  introducing 
autonomous  trade  preferences  for  the  Republic  of  Moldova  and  amending 
Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC15, 

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 
964/200716, 

 Council  Regulation  (EC)  No  1340/2008  of  8  December  2008  on  trade  in 
certain  steel  products  between  the  European  Community  and  the  Republic  of 
Kazakhstan17, 

Council  Regulation  (EC)  No  1215/2009  of  30  November  2009  introducing 
exceptional  trade  measures  for  countries  and  territories  participating  in  or 
linked to the European Union's Stabilisation and Association process18. 

(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, 

11 
12 
13 
14 
15 
16 
17 
18 

OJ L 135, 3.6.2003, p. 5. 
OJ L 110, 30.4.2005, p. 1. 
OJ L 300, 17.11.2007, p. 1. 
OJ L 348, 31.12.2007, p. 1. 
OJ L 20, 24.1.2008, p. 1. 
OJ L 211, 6.8.2008, p. 1. 
OJ L 348, 24.12.2008, p. 1. 
OJ L 328, 15.12.2009, p. 1. 

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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. 

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

Article 2 

Article 3 

This Regulation shall not affect the procedures for the adoption of measures provided for in 
the  Regulations  in  the  Annex  which  have  been  initiated  but  not  completed  before  the  entry 
into force of this Regulation. 

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 
[…] 

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List of Regulations falling under the common commercial policy and adapted to Article 290 
of the Treaty. 

ANNEX  

1. 

COUNCIL  REGULATION  (EEC)  NO  3030/93  OF  12  OCTOBER  1993  ON  COMMON 
RULES FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS FROM THIRD COUNTRIES

19 

As regards Regulation (EEC) No 3030/93, in order to ensure  the  appropriate functioning of 
the system for the management of imports of certain textile products, the power to adopt acts 
in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the  European  Union 
should be delegated to the Commission in respect of necessary changes to the annexes to the 
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. 

Accordingly, Regulation (EEC) No 3030/93 is amended as follows: 

1. 

In Article 2, paragraph 6 is replaced by the following:  

"6.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 16a in order to adapt the definition of quantitative limits laid down 
in  Annex  V  and  the  categories  of  products  to  which  they  apply,  where  this 
proves  necessary  to  ensure  that  any  subsequent  amendment  to  the  combined 
nomenclature  (CN)  or  any  decision  amending  the  classification  of  such 
products does not result in a reduction of such quantitative limits." 

2. 

In Article 6, paragraph 2 is replaced by the following: 

"2.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 16a to amend the annexes so as to remedy the situation referred to 
in paragraph 1, due respect being given to the terms and conditions contained 
in the relevant bilateral agreements. 

 Where  a  delay  in  the  imposition  of  measures  would  cause  damage  which 
would  be  difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so 
require, the procedure provided for in Article 16b shall apply to delegated acts 
adopted pursuant to this paragraph." 

3. 

Article 8 is amended as follows: 

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

 "The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  16a  to  grant  additional  opportunities  for  imports  during  a  given 

19 

OJ L 275, 8.11.1993, p. 1. 

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quota  year,  where,  under  particular  circumstances,  imports  over  and  above 
those referred to in Annex V are required in respect of one or more categories 
of products."; 

(b)  The following paragraph is inserted after the first paragraph: 

 “Where  a  delay  in  the  imposition  of  measures  would  cause  damage  which 
would  be  difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so 
require, the procedure provided for in Article 16b shall apply to delegated acts 
adopted pursuant to the first paragraph. The Commission shall take a decision 
within 15 working days of a request from a Member State.”; 

(c)  The penultimate paragraph is deleted. 

4. 

Article 10 is amended as follows: 

(a) 

In paragraph 7, point (b) is deleted; 

(b)  Paragraph 13 is replaced by the following: 

"13.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 

with Article 16a concerning the measures provided for in paragraphs 3 and 9. 

Where a delay in the imposition of measures would cause damage which would 
be  difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so  require, 
the procedure provided for in Article 16b shall apply to delegated acts adopted 
pursuant  to  this  paragraph.  The  Commission  shall  take  a  decision  within  10 
working days of a request from a Member State." 

5. 

Article 10a is amended as follows: 

(a)  Paragraph 2a is deleted; 

(b)  Paragraph 3 is replaced by the following: 

"3.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  16a  concerning  the  measures  provided  for  in 
paragraph  1,  with  the  exception  of  the  opening  of  consultations  as 
provided for in paragraph 1(a). 

Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and therefore imperative grounds of urgency 
so  require,  the  procedure  provided  for  in  Article  16b  shall  apply  to 
delegated acts adopted pursuant to this paragraph." 

6. 

Article 13 is amended as follows: 

(a)  The second subparagraph of paragraph 3 is replaced by the following: 

 "The  Commission  shall  decide  to  introduce  an  a  priori  or  an  a  posteriori 
surveillance system. The Commission shall be empowered to adopt delegated 

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acts  in  accordance  with  Article  16a  concerning  the  imposition  of  the  a  priori 
surveillance system."; 

(b)  The following subparagraph is added after the second subparagraph: 

 “Where  a  delay  in  the  imposition  of  measures  would  cause  damage  which 
would  be  difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so 
require, the procedure provided for in Article 16b shall apply to delegated acts 
adopted pursuant to the second subparagraph.” 

7. 

Article 15 is amended as follows: 

(a)  Paragraph 3 is replaced by the following: 

"3. 

If  the  Union  and  the  supplier  country  fail  to  arrive  at  a  satisfactory 
solution within the period stipulated in Article 16 and if the Commission 
notes that there is clear evidence of circumvention, the Commission shall 
be empowered to adopt delegated acts in accordance with the procedure 
laid  down  in  Article  16a  to  deduct  from  the  quantitative  limits  an 
equivalent  volume  of  products  originating  in  the  supplier  country 
concerned. 

Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and therefore imperative grounds of urgency 
so  require,  the  procedure  provided  for  in  Article  16b  shall  apply  to 
delegated acts adopted pursuant to this paragraph.”; 

(b)  Paragraph 5 is replaced by the following: 

"5. 

In addition, where there is evidence of the involvement of the territories 
of  third  countries  which  are  Members  of  the  WTO  but  which  are  not 
listed  in  Annex  V,  the  Commission  shall  request  consultations  with  the 
third  country  or  countries  concerned  in  accordance  with  the  procedure 
described in Article 16 in order to take appropriate action to address the 
problem. The Commission shall be empowered to adopt delegated acts in 
accordance  with  Article  16a  to  introduce  quantitative  limits  against  the 
third  country  or  countries  concerned  or  to  counteract  the  situation 
referred to in paragraph 1. 

Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and therefore imperative grounds of urgency 
so  require,  the  procedure  provided  for  in  Article  16b  shall  apply  to 
delegated acts adopted pursuant to this paragraph." 

8. 

The following Articles 16a and 16b are inserted: 

“Article 16a 

Exercise of the delegation 

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1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Articles  2(6),  6(2),  8,  10(13),  10a(3), 
13(3), 15(3) and (5) and 19 of this Regulation and in Articles 4(3) of Annex IV 
and 2, 3(1) and (3) of Annex VII to this Regulation shall be conferred on the 
Commission for an indeterminate period of time. 

The delegation  of  powers referred  to in Articles 2(6), 6(2), 8, 10(13), 10a(3), 
13(3), 15(3) and (5) and 19 of this Regulation and in Articles 4(3) of Annex IV 
and 2, 3(1) and (3) of Annex VII to this Regulation may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation shall 
put an end to the delegation of the power specified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal 
of the European Union or at a later date specified therein. It shall not affect the 
validity of any delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A  delegated  act  adopted  pursuant  to  Articles  2(6),  6(2),  8,  10(13),  10a(3), 
13(3), 15(3) and (5) and 19 of this Regulation and Articles 4(3) of Annex IV 
and 2, 3(1) and (3) of Annex VII to this Regulation shall enter into force only if 
no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 
Council within a period of 2 months of notification of that act to the European 
Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not  object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council. 

Article 16b 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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 16a(5). 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." 

9. 

Article 19 is replaced by the following: 

"Article 19 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 16a to amend the relevant Annexes where necessary to take into account the 

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conclusion,  amendment  or  expiry  of  agreements,  protocols  or  arrangements  with 
third  countries  or  amendments  made  to  Union  rules  on  statistics,  customs 
arrangements or common rules for imports". 

10. 

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

"3.  Where  it  is  established  that  the  provisions  of  this  Regulation  have  been 
contravened,  and  in  agreement  with  the  supplier  country  or  countries 
concerned,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  16a  of  this  Regulation  concerning  the  amendment  of 
the relevant Annexes to this Regulation, as necessary to prevent recurrence of 
such contravention. 

Where a delay in the imposition of measures would cause damage which would 
be  difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so  require, 
the  procedure  provided  for  in  Article  16b  of  this  Regulation  shall  apply  to 
delegated acts adopted pursuant to this paragraph.” 

11. 

In Annex VII, Article 2 is replaced by the following: 

"Article 2 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  16a  of  this  Regulation  to  subject  re-imports  not  covered  by  this  Annex  to 
specific  quantitative  limits,  provided  that  the  products  concerned  are  subject  to  the 
quantitative limits laid down in Article 2 of this Regulation. 

Where a delay in the imposition of measures would cause damage which would be 
difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so  require,  the 
procedure provided for in Article 16b of this Regulation shall apply to delegated acts 
adopted pursuant to this paragraph.” 

12. 

In Annex VII, Article 3 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

"1.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article 16a of this Regulation to effect transfers between 
categories  and  advance  use  or  carry-over  of  portions  of  specific 
quantitative limits from one year to another. 

Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and therefore imperative grounds of urgency 
so  require,  the  procedure  provided  for  in  Article  16b  of  this  Regulation 
shall apply to delegated acts adopted pursuant to this paragraph."; 

(b)  Paragraph 3 is replaced by the following: 

"3.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  16a  of  this  Regulation  to  adjust  the  specific 
quantitative limits where there is a need for additional imports. 

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Where a delay in the imposition of measures would cause damage which 
would be difficult to repair and therefore imperative grounds of urgency 
so  require,  the  procedure  provided  for  in  Article  16b  of  this  Regulation 
shall apply to delegated acts adopted pursuant to this paragraph." 

2. 

COUNCIL REGULATION (EC) NO 517/94 OF 7 MARCH 1994 ON COMMON RULES FOR 
IMPORTS  OF  TEXTILE  PRODUCTS  FROM  CERTAIN  THIRD  COUNTRIES  NOT  COVERED 
BY  BILATERAL  AGREEMENTS,  PROTOCOLS  OR  OTHER  ARRANGEMENTS,  OR  BY 
OTHER SPECIFIC COMMUNITY IMPORT RULES

20 

As regards Regulation (EC) No 517/94, in order to ensure the appropriate functioning of the 
system  for  the  management  of  imports  of  certain  textile  products  not  covered  by  bilateral 
agreements,  protocols  or  other  arrangements,  or  by  other  specific  Union  import  rules,  the 
power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European  Union  should  be  delegated  to  the  Commission  in  respect  of  necessary  changes  to 
the  annexes  to  the  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. 

Accordingly, Regulation (EC) No 517/94 is amended as follows: 

1. 

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

"3.  Any  textile  product  referred  to  in  Annex  V  and  originating  in  the  countries 
indicated  therein  may  be  imported  into  the  Union  provided  an  annual 
quantitative limit is established by the Commission. The Commission shall be 
empowered  to  adopt  delegated  acts  to  amend  the  relevant  Annexes  in 
accordance  with  Article  25a  concerning  the  establishment  of  such  annual 
quantitative limits." 

2. 

In Article 5, paragraph 2 is replaced by the following: 

"2.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  25a  concerning  the  measures  required  to  adapt  Annexes  III  to 
VII." 

3. 

In Article 12, paragraph 3 is replaced by the following: 

"3.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 25a concerning measures referred to in paragraphs 1 and 2." 

4. 

Article 13 is replaced by the following: 

20 

OJ L 67, 10.3.1994, p. 1. 

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"Article 13 

Where imperative grounds of urgency so require in the case the Commission finds, 
upon its own initiative or on the request of a Member State, that the conditions set 
out  in  Article  12(1)  and  (2)  are  fulfilled  and  considers  that  a  given  category  of 
products  listed  in  Annex  I  and  not  subject  to  any  quantitative  restriction  should  be 
subject  to  quantitative  limits  or  prior  or  retrospective  surveillance  measures,  the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
25b to impose the measures referred to in Articles 12(1) and (2)." 

5. 

Article 16 is amended as follows: 

(a)  The third paragraph is replaced by the following: 

 "The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 25a concerning the measures referred to in the first paragraph."; 

(b)  The following paragraph is added after the third paragraph: 

 “Where  a  delay  in  the  imposition  of  measures  would  cause  damage  which 
would  be  difficult  to  repair  and  therefore  imperative  grounds  of  urgency  so 
require, the procedure provided for in Article 25b shall apply to delegated acts 
adopted pursuant to the third subparagraph.” 

6. 

Article 25 is amended as follows: 

(a) 

In the first sentence of paragraph 3, the words “Article 13” are replaced by the 
words “Articles 12(3), 13 and 16”; 

(b)  Paragraph 4 is deleted. 

7. 

The following Articles 25a and 25b are inserted: 

“Article 25a 

Exercise of the delegation 

1. 

2. 

3. 

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

The delegation of power referred to in Articles 3(3), 5(2), 12(3), 13, 16 and 28 
shall be conferred on the Commission for an indeterminate period of time. 

The delegation of powers referred to in Articles 3(3), 5(2), 12(3), 13, 16 and 28 
may be revoked at any time by the European Parliament or by the Council. A 
decision of revocation shall put an end to the delegation of the power specified 
in  that  decision.  It  shall  take  effect  the  day  following  the  publication  of  the 
decision  in  the  Official  Journal  of  the  European  Union  or  at  a  later  date 
specified therein. It shall not affect the validity of any delegated acts already in 
force.  

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4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A  delegated  act  adopted  pursuant  to  Articles  3(3),  5(2),  12(3),  13,  16  and  28 
shall  enter  into  force  only  if  no  objection  has  been  expressed  either  by  the 
European Parliament or the Council within a period of 2 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 2 
months at the initiative of the European Parliament or the Council. 

Article 25b 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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 25a(5). 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." 

8. 

Article 28 is replaced with the following: 

"Article 28 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 25a to amend the relevant Annexes where necessary to take into account the 
conclusion, amendment or expiry of agreements or arrangements with third countries 
or amendments made to Union rules on statistics, customs arrangements or common 
rules for imports". 

3. 

COUNCIL  REGULATION  (EC)  NO  953/2003  OF  26  MAY  2003  TO  AVOID  TRADE 
DIVERSION INTO THE EUROPEAN UNION OF CERTAIN KEY MEDICINES

21 

As  regards  Regulation  (EC)  No  953/2003,  in  order  to  add  products  to  the  list  of  products 
covered  by  that  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 
order  to  amend  the  Annex  to  that  Regulation.  It  is  of  particular  importance  that  the 
Commission  carry  out  appropriate  consultations  during  its  preparatory  work,  including  at 
expert level. 

21 

OJ L 135, 3.6.2003, p. 5. 

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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. 

Accordingly, Regulation (EC) No 953/2003 is amended as follows: 

1. 

Article 4 is amended as follows: 

(a)  Paragraph 3 is replaced by the following: 

"3.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  5  to  determine  whether  a  product  fulfils  the 
criteria set out in this Regulation. 

Where a delay in action would cause damage which would be difficult to 
repair  and  therefore  imperative  grounds  of  urgency  so  require,  the 
procedure provided for in Article 5a shall apply to delegated acts adopted 
pursuant to this paragraph."; 

(b)  Paragraph 4 is replaced by the following: 

"4.  Where  the  requirements  set  out  in  this  Regulation  are  fulfilled,  the 
Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  5  to  add  the  product  concerned  to  Annex  I  at  the  next 
following update. The applicant shall be informed of the decision of the 
Commission within 15 days. 

Where a delay in action would cause damage which would be difficult to 
repair  and  therefore,  imperative  grounds  of  urgency  so  require,  the 
procedure provided for in Article 5a shall apply to delegated acts adopted 
pursuant to this paragraph."; 

(c)  Paragraph 9 is replaced by the following: 

"9.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  5  to  adjust  Annexes  II,  III  and  IV  where 
necessary  in  the  light,  inter  alia,  of  the  experience  gained  from  its 
application or to respond to a health crisis. 

Where a delay in action would cause damage which would be difficult to 
repair  and  therefore,  imperative  grounds  of  urgency  so  require,  the 
procedure provided for in Article 5a shall apply to delegated acts adopted 
pursuant to this paragraph." 

2. 

Article 5 is replaced by the following: 

"Article 5 

Exercise of the delegation 

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1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Article  4  shall  be  conferred  on  the 
Commission for an indeterminate period of time. 

The delegation of powers referred to in Article 4 may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation shall 
put an end to the delegation of the power specified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal 
of the European Union or at a later date specified therein. It shall not affect the 
validity of any delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A delegated act adopted pursuant to Article 4 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  2  months  of  notification  of  that  act  to  the  European 
Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not  object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council.” 

3. 

The following Article 5a is inserted: 

“Article 5a 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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  5(5).  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." 

4. 

In Article 11, paragraph 2 is replaced by the following: 

"2.  The  Commission  shall  periodically  report  to  the  European  Parliament  and 
Council on the volumes exported under tiered prices, including on the volumes 
exported within the framework of a partnership agreement agreed between the 
manufacturer and the government of a country of destination. The report shall 
examine  the  scope  of  countries  and  diseases  and  general  criteria  for  the 
implementation of Article 3." 

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4. 

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

22 

As regards Regulation (EC) No 673/2005, in order to make the necessary adjustments to the 
measures provided for in that 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  those  adjustments.  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. 

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

1. 

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

“3.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 

with Article 4 to make adjustments and amendments under this Article. 

Where, in the case of adjustments and amendments to the annexes, imperative 
grounds  of  urgency  so  require,  the  procedure  provided  for  in  Article  4a  shall 
apply to delegated acts adopted pursuant to this paragraph." 

2. 

Article 4 is replaced by the following: 

"Article 4 

Exercise of the delegation 

1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Article  3(3)  shall  be  conferred  on  the 
Commission for an indeterminate period of time. 

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

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

22 

OJ L 110, 30.4.2005, p. 1. 

EN 

22 

   EN 

 
                                                 
5.  A delegated act adopted pursuant to Article 3(3) shall enter into force only if 
no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 
Council within a period of 2 months of notification of that act to the European 
Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not  object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council.” 

3. 

The following Article 4a is inserted: 

“Article 4a 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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  4(5).  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." 

5. 

COUNCIL  REGULATION  (EC)  NO  1342/2007  OF  22  OCTOBER  2007  ON 
IMPORTS  OF  CERTAIN  STEEL 
ADMINISTERING  CERTAIN  RESTRICTIONS  ON 
PRODUCTS FROM THE RUSSIAN FEDERATION

23 

As  regards  Regulation  (EC)  No  1342/2007,  in  order  to  permit  the  effective  administration 
through the adoption of adjustments to the restrictions on imports of certain steel products, the 
power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European Union should be delegated to the Commission in respect of amendments to Annex 
V.  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. 

Accordingly, Regulation (EC) No 1342/2007 is amended as follows: 

1. 

Article 5 is replaced by the following: 

23 

OJ L 300, 17.11.2007, p. 1. 

EN 

23 

   EN 

 
                                                 
"Article 5 

For  the  purposes  of  applying  Article  3(3)  and  (4)  and  the  second  subparagraph  of 
10(1) of the Agreement, the Commission shall be empowered to adopt delegated acts 
in accordance with Article 31a of this Regulation to make the necessary adjustments 
to the quantitative limits set out in Annex V. 

Where a delay in action would cause damage which would be difficult to repair and 
therefore,  imperative  grounds  of  urgency  so  require,  the  procedure  provided  for  in 
Article 31b shall apply to delegated acts adopted pursuant to this Article." 

2. 

In Article 6, paragraph 3 is replaced by the following: 

"3. 

If the Union and the Russian Federation fail to arrive at a satisfactory solution 
and if the Commission notes that there is clear evidence of circumvention, the 
Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  31a  concerning  adjustments  to  Annex  V  for  the  purpose  of  deducting 
from the quantitative limits an equivalent volume of products originating in the 
Russian Federation. 

Where a delay in action would cause damage which would be difficult to repair 
and  therefore,  imperative  grounds  of  urgency  so  require,  the  procedure 
provided  for  in  Article  31b  shall  apply  to  delegated  acts  adopted  pursuant  to 
this paragraph." 

3. 

Article 12 is replaced by the following: 

"Where a classification decision adopted in accordance with the Union procedures in 
force referred to in Article 11 involves a product group subject to a quantitative limit, 
the  Commission  shall,  where  necessary,  initiate  consultations  without  delay  in 
accordance with Article 9, in order to reach agreement on any necessary adjustments 
to the corresponding quantitative limits provided for in Annex V. The Commission 
shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  31a 
concerning adjustments to Annex V for this purpose." 

4. 

The following Articles 31a and 31b are inserted after the heading of Chapter IV: 

“Article 31a 

Exercise of the delegation 

1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Articles  5,  6(3)  and  12  shall  be 
conferred on the Commission for an indeterminate period of time. 

The delegation of powers referred to in Articles 5, 6(3) and 12 may be revoked 
at  any  time  by  the  European  Parliament  or  by  the  Council.  A  decision  of 
revocation  shall  put  an  end  to  the  delegation  of  the  power  specified  in  that 
decision. It shall take effect the day following the publication of the decision in 

EN 

24 

   EN 

 
the Official Journal of the European Union or at a later date specified therein. 
It shall not affect the validity of any delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A  delegated  act  adopted  pursuant  to  Articles  5,  6(3)  and  12  shall  enter  into 
force  only  if  no  objection  has  been  expressed  either  by  the  European 
Parliament or the Council within a period of 2 months of notification of that act 
to  the  European  Parliament  and  the  Council  or  if,  before  the  expiry  of  that 
period,  the  European  Parliament  and  the  Council  have  both  informed  the 
Commission  that  they  will  not  object.  That  period  shall  be  extended  by  2 
months at the initiative of the European Parliament or the Council." 

Article 31b 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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 31a(5). 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." 

6. 

COUNCIL  REGULATION  (EC)  NO  1528/2007  APPLYING  THE  ARRANGEMENTS  FOR 
PRODUCTS  ORIGINATING  IN  CERTAIN  STATES  WHICH  ARE  PART  OF  THE  AFRICAN, 
CARIBBEAN  AND  PACIFIC  (ACP)  GROUP  OF  STATES  PROVIDED  FOR 
IN 
AGREEMENTS ESTABLISHING, OR LEADING TO THE ESTABLISHMENT OF, ECONOMIC 
PARTNERSHIP AGREEMENTS

24 

As  regards  Regulation  (EC)  No  1528/2007,  in  order  to  make  technical  adaptations  to  the 
arrangements  for  products  originating  in  certain  states  part  of  the  African,  Caribbean  and 
Pacific (ACP) Group of States, 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  technical  amendments  to  that  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. 

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

24 

OJ L 348, 31.12.2007, p. 1. 

EN 

25 

   EN 

 
                                                 
1. 

Article 4 is amended as follows: 

(a) 

In paragraph 3, the second sentence is deleted; 

(b)  The following paragraphs 4 and 5 are added: 

"4.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance with Article [insert the number of the Article(s) laying down 
the procedure for the adoption of delegated acts, currently Articles 24a to 
24c of proposal COM(2011) 82 final] concerning technical amendments 
to Annex II necessary as a result of the application of that Annex. 

5.  Decisions on the management of Annex II may be adopted in accordance 
with  the  procedure  referred  to  in  Article  247  and  247a  of  Regulation 
(EEC) No 2913/92(*). 

___________________ 

(*) 

2. 

OJ L 302, 19.10.1992, p. 1." 

Article 23 is replaced by the following: 

"Article 23 

Adaptation to technical developments 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  [insert  the  number  of  the  Article(s)  laying  down  the  procedure  for  the 
adoption of delegated acts, currently Articles 24a to 24c of proposal COM(2011) 82 
final]  concerning  technical  amendments  to  Articles  5  and  8  to  22  which  may  be 
required  as  a  result  of  differences  between  this  Regulation  and  agreements  signed 
with  provisional  application  or  concluded  in  accordance  with  Article  218  of  the 
Treaty with the regions or states listed in Annex I." 

7. 

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/EC25 

As regards Regulation (EC) No 55/2008, in order to permit the adjustment of the regulation, 
the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the 
European Union should be delegated to the Commission in respect of amendments required in 
light of changes in customs codes or for the conclusion of agreements with Moldova. It is of 
particular  importance  that  the  Commission  carry  out  appropriate  consultations  during  its 
preparatory work, including at expert level. 

25 

OJ L 20, 24.1.2008, p. 1. 

EN 

26 

   EN 

 
                                                 
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. 

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

1. 

Article 7 is replaced by the following: 

"Article 7 

Conferment of powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  8b  in  order  to  make  the  necessary  amendments  and  adjustments  to  the 
provisions of this Regulation as a result of: 

(a) 

amendments  to  the  Combined  Nomenclature  codes  and  to  the  TARIC 
subdivisions; 

(b) 

the conclusion of other agreements between the Union and Moldova." 

2. 

The following Article 8b is inserted: 

“Article 8b 

Exercise of the delegation 

1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Article  7  shall  be  conferred  on  the 
Commission for an indeterminate period of time. 

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

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A delegated act adopted pursuant to 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  2  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  2  months  at  the  initiative  of  the 
European Parliament or the Council. 

EN 

27 

   EN 

 
8. 

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 
964/200726 

As  regards  Regulation  (EC)  No  732/2008,  in  order  for  its  Annexes  to  be  adapted  to 
developments,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the 
Functioning  of  the  European  Union  should  be  delegated  to  the  Commission  in  respect  of 
certain adjustments to the Annexes. 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. 

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

1. 

In Article 10, paragraph 2 is replaced by the following: 

“2.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with Article 27a in order to decide, after having examined the request, whether 
to  grant  the  requesting  country  the  special  incentive  arrangement  for 
sustainable  development  and  good  governance  and  to  amend  Annex  I 
accordingly. 

Where a delay in action would cause damage which would be difficult to repair 
and  therefore,  imperative  grounds  of  urgency  so  require,  the  procedure 
provided  for  in  Article  27b  shall  apply  to  delegated  acts  adopted  pursuant  to 
this paragraph.” 

2. 

In Article 11, paragraph 8 is replaced by the following: 

“8.  When  a  country  is  excluded  by  the  UN  from  the  list  of  the  least-developed 
countries,  it  shall  be  withdrawn  from  the  list  of  the  beneficiaries  of  the 
arrangement. The Commission shall be empowered to adopt delegated acts in 
accordance with Article 27a in order to remove a country from the arrangement 
by  amending  Annex  I  and  to  establish  a  transitional  period  of  at  least  three 
years.” 

3. 

Article 25 is replaced by the following: 

“Article 25 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 27a in order to adopt amendments to the Annexes made necessary: 

(a) 

by amendments to the Combined Nomenclature; 

26 

OJ L 211, 6.2.2008, p. 1. 

EN 

28 

   EN 

 
                                                 
(b)  by  changes  in  the  international  status  or  classification  of  countries  or 

territories; 

(c) 

by the application of Article 3(2); 

(d) 

if a country has reached the thresholds set out in Article 3(1).” 

4. 

The following Articles 27a and 27b are inserted: 

“Article 27a 

Exercise of the delegation 

1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Articles  10(2),  11(8)  and  25  shall  be 
conferred on the Commission for an indeterminate period of time. 

The  delegation  of  powers  referred  to  in  Articles  10(2),  11(8)  and  25  may  be 
revoked at any time by the European Parliament or by the Council. A decision 
of revocation shall put an end to the delegation of the power specified in that 
decision. It shall take effect the day following the publication of the decision in 
the Official Journal of the European Union or at a later date specified therein. 
It shall not affect the validity of any delegated acts already in force.  

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A  delegated  act  adopted  pursuant  to  Articles  10(2),  11(8)  and  25  shall  enter 
into  force  only  if  no  objection  has  been  expressed  either  by  the  European 
Parliament or the Council within a period of 2 months of notification of that act 
to  the  European  Parliament  and  the  Council  or  if,  before  the  expiry  of  that 
period,  the  European  Parliament  and  the  Council  have  both  informed  the 
Commission  that  they  will  not  object.  That  period  shall  be  extended  by  2 
months at the initiative of the European Parliament or the Council. 

Article 27b 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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 27a(5). 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." 

EN 

29 

   EN 

 
9. 

COUNCIL  REGULATION  (EC)  NO  1340/2008  OF  8  DECEMBER  2008  ON  TRADE  IN 
CERTAIN  STEEL  PRODUCTS  BETWEEN  THE  EUROPEAN  COMMUNITY  AND  THE 
REPUBLIC OF KAZAKHSTAN

27 

As regards Regulation (EC) No 1340/2008, in order to permit the effective administration of 
certain restrictions, the power to adopt acts in accordance with Article 290 of the Treaty on 
the Functioning of the European Union should be delegated to the Commission in respect of 
amendments  to  Annex  V.  It  is  of  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. 

Accordingly, Regulation (EC) No 1340/2008 is amended as follows: 

1. 

In Article 5, paragraph 3 is replaced by the following: 

"3.  Should the Union and the Republic of Kazakhstan fail to arrive at a satisfactory 
solution  and  should  the  Commission  note  that  there  is  clear  evidence  of 
circumvention, the Commission shall be empowered to adopt delegated acts in 
accordance with Article 16a in order to deduct from the quantitative limits an 
equivalent  volume of  products originating  in the Republic of  Kazakhstan and 
to amend Annex V accordingly. 

Where a delay in action would cause damage which would be difficult to repair 
and  therefore,  imperative  grounds  of  urgency  so  require,  the  procedure 
provided  for  in  Article  16b  shall  apply  to  delegated  acts  adopted  pursuant  to 
this paragraph." 

2. 

The following Articles 16a and 16b are inserted: 

“Article 16a 

Exercise of the delegation 

1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Article  5(3)  shall  be  conferred  on  the 
Commission for an indeterminate period of time. 

The  delegation  of  powers  referred  to  in  Article  5(3)  may  be  revoked  at  any 
time by the European Parliament or by the Council. A decision of revocation 
shall  put  an  end  to  the  delegation  of  the  power  specified  in  that  decision.  It 
shall take effect the day following the publication of the decision in the Official 
Journal of the European Union or at a later date specified therein. It shall not 
affect the validity of any delegated acts already in force.  

27 

OJ L 348, 24.12.2008, p. 1. 

EN 

30 

   EN 

 
                                                 
4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A delegated act adopted pursuant to Article 5(3) shall enter into force only if 
no  objection  has  been  expressed  either  by  the  European  Parliament  or  the 
Council within a period of 2 months of notification of that act to the European 
Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not  object.  That  period  shall  be  extended  by  2  months  at  the  initiative  of  the 
European Parliament or the Council. 

Article 16b 

Urgency procedure 

1.  Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay 
and  shall  apply  as  long  as  no  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 16a(5). 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." 

10. 

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 

28 

As  regards  Regulation  (EC)  No  1215/2009,  in  order  to  permit  the  adjustment  of  the 
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 
amendments  required  in  light  of  changes  in  customs  codes  or  for  the  conclusion  of 
agreements  with  the  countries  and  territories  covered  by  that  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. 

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

1. 

Article 7 is replaced by the following: 

28 

OJ L 328, 15.12.2009, p. 1. 

EN 

31 

   EN 

 
                                                 
"Article 7 

Conferment of powers 

The Commission shall be empowered to adopt delegated acts in accordance with the 
procedure referred to in Article 8b in order to make the necessary amendments and 
adjustments to the provisions of this Regulation as a result of: 

(a) 

(b) 

amendments  to  the  Combined  Nomenclature  codes  and  to  the  TARIC 
subdivisions; 

the  conclusion  of  other  agreements  between  the  Union  and  the  countries  and 
territories referred to in Article 1. 

2. 

The following Article 8b is inserted: 

“Article 8b 

Exercise of the delegation 

1. 

2. 

3. 

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

The  delegation  of  power  referred  to  in  Article  7  shall  be  conferred  on  the 
Commission for an indeterminate period of time. 

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

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council.  

5.  A delegated act adopted pursuant to 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  2  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  2  months  at  the  initiative  of  the 
European Parliament or the Council.” 

EN 

32 

   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 granting 
of delegated powers 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 

33 

   EN