Implementation of the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the EU and Colombia and Peru ***I Amendments adopted by the European Parliament on 13 September 2012 on the proposal for a regulation of the European Parliament and of the Council implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the European Union and Colombia and Peru (COM(2011)0600 – C7-0307/2011 – 2011/0262(COD))
Date: 2012-09-13
Institutions: European Parliament
Subjects: Colombia, Peru, import (EU), market stabilisation, market supervision, protective clause, trade agreement (EU), tropical fruit








CE2013353EN.01030401.xml










3.12.2013   


EN


Official Journal of the European Union


CE 353/304





Thursday 13 September 2012Implementation of the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the EU and Colombia and Peru ***I
P7_TA(2012)0347
Amendments adopted by the European Parliament on 13 September 2012 on the proposal for a regulation of the European Parliament and of the Council implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the European Union and Colombia and Peru (COM(2011)0600 – C7-0307/2011 – 2011/0262(COD)) (1)

2013/C 353 E/51
(Ordinary legislative procedure: first reading)






TEXT PROPOSED BY THE COMMISSION


AMENDMENT





Amendment 1






Proposal for a regulation


Recital 3 a (new)





 










(3a)






It is necessary to create appropriate safety mechanisms to prevent serious harm to Union banana growing, a sector which is of great importance to the end agricultural production of many of the outermost regions. The limited ability of these regions to diversify, owing to their natural characteristics, makes the banana sector particularly vulnerable. It is therefore essential to create effective mechanisms to address preferential imports from third countries, in order to guarantee that Union banana production, which is a crucial employment sector especially in the outermost regions, is maintained under the best possible conditions.











Amendment 2






Proposal for a regulation


Recital 4 a (new)





 










(4a)






Close monitoring of banana imports will facilitate any timely decision concerning activation of the stabilisation mechanism for bananas, the launch of an investigation or the imposition of safeguard measures. The Commission should, therefore, step up regular monitoring of imports in the banana sector from the date of application of the Agreement.











Amendment 3






Proposal for a regulation


Recital 5











(5)


Safeguard measures should be considered only if the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competitive products as laid down in Article 48 of the Agreement.












(5)


Safeguard measures should be considered only if the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competitive products as laid down in Article 48 of the Agreement. 
Pursuant to Article 349 of the Treaty on theFunctioning of the European Union and with regard to the products and economic sectors of the outermost regions, safeguard measures should be introduced as soon as imports into the Union of the product in question cause or threaten to cause injury to producers of like or directly competitive products in the outermost regions of the Union.











Amendment 4






Proposal for a regulation


Recital 5 a (new)





 










(5a)






Serious injury or the threat of serious injury to Union producers may also be caused by the non-fulfilment of specific obligations under Title IX on “Trade and Sustainable Development” of the Agreement – particularly in respect of the social and environmental standards laid down therein.











Amendment 5






Proposal for a regulation


Recital 6











(6)


Safeguard measures should take one of the forms referred to in Article 50 of the Agreement.












(6)


Safeguard measures should take one of the forms referred to in Article 50 of the Agreement. 
Specific safeguard measures should be provided for when there is a threat to the products or economic sectors of the outermost regions, pursuant to Article 349 of the Treaty on the Functioning of the European Union.











Amendment 6






Proposal for a regulation


Recital 7 a (new)





 










(7a)






The Commission should submit a report once a year on the implementation of the Agreement and the application of the safeguard measures and the banana stabilisation mechanism, which should include up-to-date and reliable statistics on imports from Colombia and Peru and an assessment of their impact on market prices, employment, working conditions in the Union and the evolution of the Union's production sector, paying special attention to small-size producers and cooperatives. The Commission should do its utmost to include an analysis of the impact of the Agreement and this Regulation on organic production and consumption in the Union and Fair-Trade flows between all parties to the Agreement.











Amendment 7






Proposal for a regulation


Recital 7 b (new)





 










(7b)






The extraordinary challenges in Colombia and Peru as regards human, social, labour and environmental rights in connection with products from Colombia and Peru demand a close dialogue between the Commission and EU civil society organisations.











Amendment 8






Proposal for a regulation


Recital 8











(8)


There should be detailed provisions on the initiation of proceedings. The Commission should receive information including available evidence from the Member States of any trends in imports which might call for the application of safeguard measures.












(8)


There should be detailed provisions on the initiation of proceedings. The Commission should receive information including available evidence from the Member States 
and interested parties and request from the sectors involved, information
 of any trends in imports which might call for the application of safeguard measures.









Amendment 9






Proposal for a regulation


Recital 8 a (new)





 










(8a)






In the event that the European Parliament adopts a recommendation to initiate a safeguard investigation, the Commission will carefully examine whether the conditions under the Regulation for ex-officio initiation are fulfilled. In the event that the Commission considers that the conditions are not fulfilled, it will present a report to the responsible committee of the European Parliament including an explanation of all the factors relevant to the initiation of such an investigation.











Amendment 10






Proposal for a regulation


Recital 10 a (new)





 










(10a)






The tasks of following up and reviewing the Agreement and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible and with the involvement of civil society. To that end, Union labour and environment or sustainable development committees need to be included at every stage of the process.











Amendment 11






Proposal for a regulation


Recital 10 b (new)





 










(10b)






In some cases, an increase of imports concentrated in one or several of the Union's outermost regions may cause or threaten to cause serious deterioration in their economic situation. In the event that there is an increase of imports concentrated in one or several of the Union's outermost regions, the Commission may introduce prior surveillance measures.











Amendment 12






Proposal for a regulation


Recital 14











(14)


Safeguard measures should be applied only to the extent, and for such time, as may be necessary to prevent serious injury and to facilitate adjustment. The maximum duration of safeguard measures should be determined and specific provisions regarding extension and review of such measures should be laid down, as referred to in Article 52 of the Agreement.












(14)


Safeguard measures should be applied only to the extent, and for such time, as may be necessary to prevent serious injury and to facilitate adjustment. The maximum duration of safeguard measures should be determined and specific provisions regarding extension and review of such measures should be laid down, as referred to in Article 52 of the Agreement. 
Specific provisions should apply with regard tosafeguard measures triggered to protect produce and economic sectors in the outermost regions, in accordance with Article 349 of the Treaty on the Functioning of the European Union.











Amendment 13






Proposal for a regulation


Recital 14 a (new)





 










(14a)






Close monitoring should facilitate any timely decision concerning the possible initiation of an investigation or the imposition of measures. Therefore the Commission should regularly monitor imports and exports in sensitive sectors, such as bananas, from the date of application of the Agreement.











Amendment 14






Proposal for a regulation


Recital 14 b (new)





 










(14b)






The importance of complying with the international labour standards drawn up and supervised by the International Labour Organisation should be stressed. Defending decent work for all should be an absolute priority and bananas imported from Colombia or Peru should be produced under decent social and environmental conditions and for a fair wage to ensure that Union producers are not the victims of dumping, a disadvantage they would not be in a position to compensate for and which would permanently damage their competitiveness in the global banana market.











Amendment 15






Proposal for a regulation


Recital 16 a (new)





 










(16a)






The Commission should make diligent and effective use of the Stabilisation Mechanism for Bananas in order to avoid a threat of serious deterioration or a serious deterioration for producers in the outermost regions in the Union and, from January 2020, use existing instruments such as the safeguard clause or, if necessary, think about developing new instruments which, in the event of serious market disruption, will make it possible to preserve the competitiveness of production sectors in the Union and particularly in the outermost regions.











Amendment 16






Proposal for a regulation


Article 1 – point e a (new)





 










(ea)






“serious deterioration” means significant disturbances in a sector or industry; “threat of serious deterioration” means significant disturbances that are clearly imminent.











Amendment 17






Proposal for a regulation


Article 2 a (new)





 



Article 2a


Monitoring



1.
   
The Commission shall monitor the evolution of import and export statistics of Colombian and Peruvian products, in particular in sensitive sectors including bananas. For this purpose, it shall cooperate and exchange data on a regular basis with Member States and the Union industry and all interested parties.




2.
   
Upon a duly justified request by the industries concerned, the Commission may consider extending the scope of the monitoring to other sectors.




3.
   
The Commission shall present an annual monitoring report to the European Parliament and the Council on updated statistics on imports from Colombia and Peru of products in the sensitive sectors and those sectors to which monitoring has been extended, including bananas.




4.
   
In its monitoring report, the Commission shall do its utmost to include the employment rates and working conditions for banana producers in Colombia and Peru in order to avoid all forms of dumping.







Amendment 18






Proposal for a regulation


Article 2 b (new)





 



Article 2b


Dialogue on the implementation and impact of the Agreement



The Commission shall establish a systematic dialogue with civil society organisations as regards the implementation and impact of the Agreement.







Amendment 19






Proposal for a regulation


Article 3 – paragraph 1





1.   An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission's own initiative if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 4(5), to justify such initiation.


1.   An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, 
by the European Parliament
 or on the Commission's own initiative if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 4(5), to justify such initiation.





Amendment 20






Proposal for a regulation


Article 3 – paragraph 3





3.   An investigation may also be initiated in the event that there is a surge of imports concentrated in one or several Member States, provided that there is sufficient prima facie evidence that the conditions for initiation are met, as determined on the basis of factors referred to in Article 4(5).


3.   An investigation may also be initiated in the event that there is a surge of imports concentrated in one or several Member States 
or outermost regions,
 provided that there is sufficient prima facie evidence that the conditions for initiation are met, as determined on the basis of factors referred to in Article 4(5).





Amendment 21






Proposal for a regulation


Article 4 – paragraph 5





5.   In the investigation, the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports and changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive and other relevant factors may also be taken into consideration by the Commission for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, return on capital employed, cash flow, and other factors which are causing or may have caused serious injury, or threaten to cause serious injury to the Union industry.


5.   In the investigation, the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports and changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment 
and working conditions.
 This list is not exhaustive and other relevant factors may also be taken into consideration by the Commission for its determination of the existence of serious injury or threat of serious injury, such as stocks, prices, return on capital employed, cash flow, 
effects on employment
 and other factors which are causing or may have caused serious injury, or threaten to cause serious injury to the Union industry.





Amendment 22






Proposal for a regulation


Article 4 – paragraph 5 a (new)





 




5a.
   
Moreover, in the investigation, the Commission shall evaluate, the observance by Colombia and Peru of the social and environmental standards laid down in Title IX of the Agreement and any consequences on prices or unfair competitive advantages potentially leading to serious injury or the threat of serious injury to producers or specific sectors of the economy in the Union.







Amendment 23






Proposal for a regulation


Article 9 – paragraph 4





4.   Any extension pursuant to paragraph 3 shall be preceded by an investigation upon a request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission's own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met, on the basis of factors referred to in Article 4(5).


4.   Any extension pursuant to paragraph 3 shall be preceded by an investigation upon a request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, 
by the European Parliament
 or on the Commission's own initiative if there is sufficient prima facie evidence that the conditions laid down in paragraph 3 are met, on the basis of factors referred to in Article 4(5).





Amendment 24






Proposal for a regulation


Article 11 a (new)





 



Article 11a


Report



1.
   
The Commission shall present an annual report on the application and implementation of the Agreement and of this Regulation to the European Parliament. The report shall include information about the application of provisional and definitive measures, prior surveillance measures, regional surveillance and safeguard measures, the termination of investigations without measures, and the activities of the various bodies responsible for monitoring the implementation of the Agreement and fulfilment of the obligations arising therefrom, including information received from interested parties.




2.
   
The report shall include up-to- date statistics on banana imports from Colombia and Peru and their direct and indirect impact on the development of employment and working conditions in the Union production sector.




3.
   
Special sections of the report shall assess the fulfilment of obligations under Title IX of the Agreement, and action taken in that respect by Colombia and Peru under their internal mechanisms and the results of the dialogue with civil society organisations as laid down in Article 282 of the Agreement.




4.
   
The report shall also present a summary of the statistics and the evolution of trade with Colombia and Peru.




5.
   
The European Parliament may, within one month from the Commission presenting the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation.







Amendment 25






Proposal for a regulation


Article 12 – paragraph 4 a (new)





 




4a.
   
Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a majority of committee members so request.







Amendment 26






Proposal for a regulation


Article 12 a (new)





 




CHAPTER I A



Article 12a



The applicable provision for the purposes of adopting the necessary implementing rules for the application of the rules contained in Appendix 2A of the Annex II to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part “Concerning the Concept of 'Originating Products' and Methods of Administrative Co-operation” and Appendix 2 of Annex I “Elimination of customs duties” of the Agreement is Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code.







Amendment 27






Proposal for a regulation


Article 13 – paragraph 1 a (new)





 




1a.
   
The application of the stabilisation mechanism for bananas shall under no circumstances prevent the activation of measures included in the bilateral safeguard clause.







Amendment 28






Proposal for a regulation


Article 13 – paragraph 2





2.   A separate annual trigger import volume is set for imports of products mentioned in paragraph 1, as indicated in the third and fourth columns of the table in the Annex to this Regulation. Once the trigger volume for either Colombia or Peru is met during the corresponding calendar year, the Commission 
may
, in accordance with the examination procedure referred to in Article 12(3), temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months, and not going beyond the end of the calendar year.


2.   A separate annual trigger import volume is set for imports of products mentioned in paragraph 1, as indicated in the third and fourth columns of the table in the Annex to this Regulation. Once the trigger volume for either Colombia or Peru is met during the corresponding calendar year, the Commission 
shall
, in accordance with the examination procedure referred to in Article 12(3), temporarily suspend the preferential customs duty applied to products of the corresponding origin during that same year for a period of time not exceeding three months, and not going beyond the end of the calendar year. 
Only reasons of force majeure shall prevent the suspension from being imposed.







Amendment 29






Proposal for a regulation


Article 13 – paragraph 5 a (new)





 




5a.
   
The Commission shall closely monitor the evolution of statistics for banana imports from Colombia and Peru. For this purpose, the Commission shall cooperate and exchange information on a regular basis with the Member States and interested parties.




Upon a duly reasoned request from a Member State, the Union industry, the European Parliament or any interested party, the Commission shall pay particular attention to any noticeable increase in banana imports from Colombia and Peru and, if appropriate under the terms of Article 5, shall introduce prior surveillance measures.







Amendment 30






Proposal for a regulation


Article 13 – paragraph 5 b (new)





 




5b.
   
Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 12(2) when the trigger volume for the mechanism is reached during the corresponding calendar year.







Amendment 31






Proposal for a regulation


Article 13 – paragraph 5 c (new)





 




5c.
   
The European Parliament may invite the Commission, within one month of the publication of the latter's report, to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of the Agreement which affect the banana sector.








(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0249/2012).