Exclusion of certain countries from trade preferences ***I European Parliament legislative resolution of 13 September 2012 on the proposal for a regulation of the European Parliament and of the Council amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations (COM(2011)0598 – C7-0305/2011 – 2011/0260(COD))#P7_TC1-COD(2011)0260 Position of the European parliament adopted at first reading on 13 September 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations#ANNEX
Date: 2012-09-13
Institutions: Committee on Development, Committee on International Trade, European Parliament
Subjects: ACP countries, association agreement (EU), delegation of power, economic agreement, originating product, ratification of an agreement








CE2013353EN.01024801.xml










3.12.2013   


EN


Official Journal of the European Union


CE 353/248





Thursday 13 September 2012Exclusion of certain countries from trade preferences ***I
P7_TA(2012)0342
European Parliament legislative resolution of 13 September 2012 on the proposal for a regulation of the European Parliament and of the Council amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations (COM(2011)0598 – C7-0305/2011 – 2011/0260(COD))
2013/C 353 E/46
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0598),










—


having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0305/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A7-0207/2012),










1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






Thursday 13 September 2012P7_TC1-COD(2011)0260
Position of the European parliament adopted at first reading on 13 September 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations
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(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:






(1)


Negotiations on the Economic Partnership Agreements (‘the Agreements’) between:






 


The CARIFORUM states, of the one part, and the European Community and its Member States, of the other part were concluded on 16 December 2007;










 


The European Community and its Member States, of the one part, and the Central Africa Party, of the other part were concluded on 17 December 2007 (the Republic of Cameroon);










 


Ghana, on the one part, and the European Community and its Member States, on the other part were concluded on 13 December 2007;










 


Côte d’Ivoire, of the one part, and the European Community and its Member States, of the other part were concluded on 7 December 2007;










 


The Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part were concluded on 28 November 2007 (the Republic of Seychelles and the Republic of Zimbabwe), on 4 December 2007 (the Republic of Mauritius), on 11 December 2007 (Union of the Comoros and the Republic of Madagascar) and 30 September 2008 (the Republic of Zambia);










 


The SADC EPA states, on the one part, and the European Community and its Member States, on the other part were concluded on 23 November 2007 (the Republic of Botswana, the Kingdom of Lesotho, the Kingdom of Swaziland, the Republic of Mozambique) and 3 December 2007 (the Republic of Namibia);










 


The East African Community Partner States, on the one part, and the European Community and its Member States, on the other part were concluded on 27 November 2007;










 


The Pacific States, of the one part, and the European Community, of the other part were concluded on 23 November 2007.














(2)


The conclusion of negotiations on the Agreements by Antigua and Barbuda, the Commonwealth of the Bahamas, Barbados, Belize, the Republic of Botswana, the Republic of Burundi, the Republic of Cameroon, Union of the Comoros, the Republic of Côte d’Ivoire, the Commonwealth of Dominica, the Dominican Republic, the Republic of the Fiji Islands, the Republic of Ghana, Grenada, the Cooperative Republic of Guyana, the Republic of Haiti, Jamaica, the Republic of Kenya, the Kingdom of Lesotho, the Republic of Madagascar, the Republic of Mauritius, the Republic of Mozambique, the Republic of Namibia, the Independent State of Papua New Guinea, the Republic of Rwanda, Federation of Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, the Republic of Seychelles, the Republic of Suriname, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia (2) and the Republic of Zimbabwe permitted their inclusion in Annex I to 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 (3).










(3)


The Republic of Botswana, the Republic of Burundi, the Republic of Cameroon, Union of the Comoros, the Republic of Côte d’Ivoire, the Republic of the Fiji Islands, the Republic of Ghana, the Republic of Haiti, the Republic of Kenya, the Kingdom of Lesotho, the Republic of Mozambique, the Republic of Namibia, the Republic of Rwanda, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Uganda, the Republic of Zambia, and the Republic of Zimbabwe have not taken the necessary steps towards ratification of their respective Agreements.










(4)


Consequently, in the light of Article 2(3) of Regulation (EC) No 1528/2007, and in particular point (b) thereof, Annex I to that Regulation should be amended to remove those countries.










(5)


In order to ensure that partners can swiftly be reinstated in Annex I to that Regulation as soon as they have taken the necessary steps towards ratification of their respective Agreements, and pending their entry into force, 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 European Commission in respect of reinstating the countries removed from Annex I through this Regulation. It is of particular importance that the European Commission carry out appropriate consultations during its preparatory work, including at expert level. The European Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. 
The Commission should provide full information and documentation on its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. The Commission should invite Parliament's experts to attend those meetings, [Am. 1]





HAVE ADOPTED THIS REGULATION:

Article 1

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






(1)


The following Articles are inserted:
"Article 2a

The Commission shall be empowered to adopt delegated acts in accordance with Article 2b to amend Annex I by reinstating those regions or states from the ACP Group of States which were removed from that Annex by virtue of [Regulation (EU) No …/… (4) of the European Parliament and of the Council (5)], and which have since taken the necessary steps towards ratification of their respective Agreements after removal from Annex I.

Article 2b


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 2a shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.

for a period of five years from … (6). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five- year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 2]

3.   The delegation of power referred to in Article 2a 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 powers 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 the 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 2a 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

four months
 at the initiative of the European Parliament or the Council. [Am. 3]











(2)


Annex I is replaced by the the text set out in the Annex to this Regulation.





Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply on 1 January 2014

from 1 January 2016
. [Am. 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





(1)  Position of the European Parliament of 13 September 2012.

(2)  OJ L 330, 9.12.2008, p. 1


(3)  OJ L 348, 31.12.2007, p. 1


(4)  






+


Number of this Regulation.





(5)  OJ L …"

(6)  








+





Date of entry into force of this Regulation.






Thursday 13 September 2012ANNEX


“ANNEX I
List of regions or states which have concluded negotiations within the meaning of Article 2(2):






 


ANTIGUA AND BARBUDA










 


THE COMMONWEALTH OF THE BAHAMAS










 


BARBADOS










 


BELIZE










 


THE COMMONWEALTH OF DOMINICA










 


THE DOMINICAN REPUBLIC










 


GRENADA










 


THE COOPERATIVE REPUBLIC OF GUYANA










 


JAMAICA










 


THE REPUBLIC OF MADAGASCAR










 


THE REPUBLIC OF MAURITIUS










 


THE INDEPENDENT STATE OF PAPUA NEW GUINEA










 


FEDERATION OF SAINT KITTS AND NEVIS










 


SAINT LUCIA










 


SAINT VINCENT AND THE GRENADINES










 


THE REPUBLIC OF SEYCHELLES










 


THE REPUBLIC OF SURINAME










 


THE REPUBLIC OF TRINIDAD AND TOBAGO.”