P7_TA(2012)0447 Granting delegated powers for the adoption of certain measures relating to the common commercial policy ***I European Parliament legislative resolution of 22 November 2012 on the 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 (COM(2011)0349 — C7-0162/2011 — 2011/0153(COD)) P7_TC1-COD(2011)0153 Position of the European Parliament adopted at first reading on 22 November 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures [Am. 1]
Date: 2012-11-22
Institutions: Committee on International Trade, European Parliament
Subjects: common commercial policy, delegation of power, drafting of EU law, power of implementation








C_2015419EN.01024902.xml










16.12.2015   


EN


Official Journal of the European Union


C 419/249





P7_TA(2012)0447
Granting delegated powers for the adoption of certain measures relating to the common commercial policy ***I
European Parliament legislative resolution of 22 November 2012 on the 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 (COM(2011)0349 — C7-0162/2011 — 2011/0153(COD))

(Ordinary legislative procedure: first reading)

(2015/C 419/52)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0349),










—


having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0162/2011),










—


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 (A7-0096/2012),










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.






P7_TC1-COD(2011)0153
Position of the European Parliament adopted at first reading on 22 November 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures [Am. 1]
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 (1),
Whereas:






(1)


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 Commission (2).










(2)


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 (TFEU). 
It is also appropriate, in some cases, to apply certain procedures set out in Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers

 (3)
. [Am. 2]











(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 countries (4),










—


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 (5),










—


Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion into the European Union of certain key medicines (6),










—


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 (7),










—


Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering certain restrictions on imports of certain steel products from the Russian Federation (8),










—


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 (9),










—


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 (10),










—



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
 (11), [Am. 3]











—


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 (12),










—



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
 (13). [Am. 4]















(4)


In order to ensure legal certainty, it is necessary that the procedures for the adoption of measures which have been initiated but not completed before the entry into force of this Regulation are not affected by this Regulation,




HAVE ADOPTED THIS REGULATION:
Article 1
The Regulations listed in the Annex to this Regulation are hereby adapted, in accordance with the Annex to Article 290 TFEU 
or to the applicable provisions of Regulation (EU) No 182/2011
. [Am. 5]

Article 2
References to provisions of the Regulations referred to in the Annex shall be construed as being made to those provisions as amended by this Regulation.
Article 3
This Regulation shall not affect the procedures for the adoption of measures provided for in the Regulations referred to in the Annex which have been initiated but not completed before the entry into force of this Regulation.
Article 4
This Regulation shall enter into force on the 30th day following that of its publication in the Official Journal of the European Union.

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


For the European Parliament


The President




For the Council


The President





(1)  Position of the European Parliament of 22 November 2012.

(2)  OJ L 184, 17.7.1999, p. 23.

(3)  

OJ L 55, 28.2.2011, p. 13.



(4)  OJ L 275, 8.11.1993, p. 1.

(5)  OJ L 67, 10.3.1994, p. 1.

(6)  OJ L 135, 3.6.2003, p. 5.

(7)  OJ L 110, 30.4.2005, p. 1.

(8)  OJ L 300, 17.11.2007, p. 1.

(9)  OJ L 348, 31.12.2007, p. 1.

(10)  OJ L 20, 24.1.2008, p. 1.

(11)  
OJ L 211, 6.8.2008, p. 1.


(12)  OJ L 348, 24.12.2008, p. 1.

(13)  
OJ L 328, 15.12.2009, p. 1.




ANNEX


LIST OF REGULATIONS FALLING UNDER THE COMMON COMMERCIAL POLICY AND ADAPTED TO ARTICLE 290 TFEU OR TO THE APPLICABLE PROVISIONS OF REGULATION (EU) NO 182/2011.

1.   Council Regulation (eec) No 3030/93 of 12 october 1993 on common rules for imports of certain textile products from third countries
 (1)

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 TFEU should be delegated to the Commission in respect of necessary changes to the annexes to that Regulation. Moreover, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.
Accordingly, Regulation (EEC) No 3030/93 is amended as follows:








-1.






Throughout Regulation (EEC) No 3030/93, references to ‘Article 17’ are replaced by ‘Article 17(2)’. [Am. 7]













-1a.






The following recitals 15a and 15b are inserted:




‘Whereas 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 amending the Annexes, granting additional opportunities for imports, introducing or adapting quantitative limits and introducing safeguard measures and a surveillance system in accordance with this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament; [Am. 6]



Whereas, in order to ensure uniform conditions for the adoption of certain measures for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers



 (2)



;



(2)  

OJ L 55, 28.2.2011, p. 13.’.
"
						
[Am. 8]










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 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.
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.’;










(b)


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.


In Article 13(3), the second subparagraph 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 acts in accordance with Article 16a concerning the imposition of the a priori surveillance system.
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.’.
















7a.






In Article 16(1), the introductory part is replaced by the following:




‘1.
   
The Commission, acting in accordance with the advisory procedure referred to in Article 17(1a), shall conduct the consultations referred to in this Regulation in accordance with the following rules:’.


[Am. 9]










8.


The following articles are inserted:
‘Article 16a
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 2(6), Article 6(2), Article 8, Article 10(13), Article 10a(3), Article 13(3), Article 15(3) and (5) and Article 19 of this Regulation, in Articles 4(3) of Annex IV, and in Article 2 and Article 3(1) and (3) of Annex VII to this Regulation shall be conferred on the Commission for an indeterminate

a
 period of time

five years from …

 (3)

. 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. 10]

3.   The delegation of power referred to in Article 2(6), Article 6(2), Article 8, Article 10(13), Article 10a(3), Article 13(3), Article 15(3) and (5) and Article 19 of this Regulation, in Articles 4(3) of Annex IV, and in Article 2 and Article 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 Article 2(6), Article 6(2), Article 8, Article 10(13), Article 10a(3), Article 13(3), Article 15(3) and (5) and Article 19 of this Regulation, in Articles 4(3) of Annex IV, and in Article 2 and Article 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 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council. [Am. 11]

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.’.












8a.






In Article 17, paragraph 2 is replaced by the following:




‘1a.
   
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. The advisory committee shall deliver its opinion within one month of the date of referral. [Am. 12]



2.
   
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. The examination committee shall deliver its opinion within one month of the date of referral. [Am. 13]



2a.
   
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.’.


[Am. 14]












8b.






Article 17a is deleted. [Am. 15]











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 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’.












9a.






The following article is inserted:




‘Article 19a




Report




1.
   
The Commission shall submit a biannual report to the European Parliament on the application of this Regulation.




2.
   
The report shall include information on the implementation of this Regulation.




3.
   
The European Parliament may, within one month after submission of the Commission's 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.




4.
   
No later than six months after submitting its report to the European Parliament, the Commission shall make it public.’.


[Am. 16]










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.
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
 (4)

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 TFEU should be delegated to the Commission in respect of necessary changes to the annexes to that Regulation. Moreover, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.
Accordingly, Regulation (EC) No 517/94 is amended as follows:








-1.






The following recitals 22a, 22b and 22c are inserted:




‘Whereas 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 amending the Annexes, altering the import rules and applying safeguard measures and surveillance measures in accordance with this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament; [Am. 17]



Whereas, in order to ensure uniform conditions for the adoption of several measures for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers



 (5)



; [Am. 18]



Whereas the advisory procedure should be used for the adoption of surveillance measures given the effects of these measures and their sequential logic in relation to the adoption of definitive safeguard measures; [Am. 19]


(5)  

OJ L 55, 28.2.2011, p. 13.’.
"
						










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.


Article 5 is amended as follows:








(a)






paragraph 1 is deleted; [Am. 20]











(b)


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.’.
















2a.






Article 7 is amended as follows:










(a)






in paragraph 1, the introductory part is replaced by the following:




‘1.
   
Where it is apparent to the Commission that there is sufficient evidence to justify an investigation, with regard to the conditions of imports of products referred to in Article 1, the Commission shall:’;


[Am. 21]












(b)






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




‘2.
   
In addition to the information supplied under Article 6, the Commission shall seek all information it deems to be necessary and, where appropriate, shall endeavour to check that information with importers, traders, agents, producers, trade associations and organisations.’.


[Am. 22]
















2b.






In Article 8, paragraph 2 is replaced by the following:



If the Commission considers that no Union surveillance or safeguard measures are necessary, it shall publish in the Official Journal of the European Union a notice that the investigations are closed, stating the main conclusions of the investigations.’.

[Am. 23]












2c.






Article 11 is amended as follows:










a)






in paragraph 1, points (a) and (b) are replaced by the following:










‘(a)






decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 25(1a);[Am. 24]













(b)






decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance, in accordance with the advisory procedure referred to in Article 25(1a).’;






[Am. 25]












b).






in paragraph 2, points (a) and (b) are replaced by the following:










‘(a)






decide to introduce retrospective Union surveillance of certain imports, in accordance with the advisory procedure referred to in Article 25(1a); [Am. 26]













(b)






decide, for the purposes of monitoring the trend of these imports, to make certain imports subject to prior Union surveillance in accordance with the advisory procedure referred to in Article 25(1a).’.






[Am. 27]














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:
‘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 Article 12(1) and (2).’.












4a.






In Article 15, the introductory part is replaced by the following:




‘In accordance with the advisory procedure referred to in Article 25(1a), the Commission may, at the request of a Member State or on its own initiative, if the situation referred to in Article 12(2) is likely to arise:’.


[Am. 28]










5.


In Article 16,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.
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.




In Article 25, paragraphs 2, 3 and 4 are replaced by the following:




‘1a.
   
Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. The advisory committee shall deliver its opinion within one month of the date of referral. [Am. 29]



2.
   
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. The examination committee shall deliver its opinion within one month of the date of referral. [Am. 30]



3.
   
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.’;


[Am. 31]










7.


The following articles are inserted:
‘Article 25a
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 Articles 3(3), 5(2), 12(3), 13, 16 and 28 shall be conferred on the Commission for an indeterminate

a
 period of time

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. 32]

3.   The delegation of power 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.
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 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council. [Am. 33]

Article 25b
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.’.












7a.






The following article is inserted:




‘Article 26a




1.
   
The Commission shall submit a biannual report to the European Parliament on the application of this Regulation.




2.
   
The report shall include information on the implementation of this Regulation.




3.
   
The European Parliament may, within one month of submission of the Commission's 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.




4.
   
No later than six months after submitting its report to the European Parliament, the Commission shall make it public.’.


[Am. 34]










8.


Article 28 is replaced by 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
 (7)

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 TFEU should be delegated to the Commission in order to amend the Annex to that Regulation.
Accordingly, Regulation (EC) No 953/2003 is amended as follows:








-1.






Recital 12 is replaced by the following:










‘(12)





In order to add products to the list of products covered by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending 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 to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.’.





[Ams. 35 and 36]










1.


Article 4 is amended as follows:






(a)


paragraphs 3 and 4 are 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.
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.’;










(b)


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
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 4 shall be conferred on the Commission for an indeterminate

a
 period of time

five years from …

 (8)

. 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. 37]

3.   The delegation of power 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 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council.’.
[Am. 38]










3.


The following article is inserted:
‘Article 5a
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 
biannually
 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. [Am. 39]



3.
   
The European Parliament may, within one month of submission of the Commission's 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. [Am. 40]



4.
   
No later than six months of submission of the report to the European Parliament and to the Council, the Commission shall make it public.’.


[Am. 41]





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
 (9)

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 TFEU should be delegated to the Commission in respect of those adjustments.
Accordingly, Regulation (EC) No 673/2005 is amended as follows:








-1.






Recital 7 is replaced by the following:










‘(7)






In order to make necessary adjustments to the measures provided for in this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the rate of the additional duty or the lists in Annexes I and II in accordance with this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.’.






[Am. 42]










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
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 3(3) shall be conferred on the Commission for an indeterminate

a
 period of time

five years from …

 (10)

. 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. 43]

3.   The delegation of power 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.
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 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council.’.
[Am. 44]










3.


The following article is inserted:
‘Article 4a
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.’.












3a.






Article 7 is replaced by the following:




‘Article 7




The Commission shall submit to the European Parliament and the Council a proposal to repeal this Regulation once the United States of America has fully implemented the recommendation of the WTO Dispute Settlement Body.’.


[Am. 45]





5.   Council Regulation (EC) No 1342/2007 of 22 october 2007 on administering certain restrictions on imports of certain steel products from the russian federation
 (11)

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 TFEU should be delegated to the Commission in respect of amendments to Annex V.
Accordingly, Regulation (EC) No 1342/2007 is amended as follows:








-1.






The following recital is inserted:










‘(10a)






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 to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.’.






[Am. 46]










1.


Article 5 is replaced by the following:
‘Article 5
For the purposes of applying Article 3(3) and (4) and the second subparagraph of Article 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 are inserted after the heading of Chapter IV:
‘Article 31a
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 5, Article 6(3) and Article12 shall be conferred on the Commission for an indeterminate

a
 period of time

five years from …

 (12)

. 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. 47]

3.   The delegation of power referred to in Article 5, Article 6(3) and Article12 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 5, Article 6(3) and Article12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council. [Am. 48]

Article 31b
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 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
 (13)

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 TFEU should be delegated to the Commission in respect of technical amendments to that Regulation.
Accordingly, Regulation (EC) No 1528/2007 is amended as follows:








-1.






The following recital is inserted:










‘(16a)






In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of amending Annex I in order to add or to remove regions or states and in respect of introducing technical amendments to Annex II necessary as a result of application of that Annex. 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 to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.’.






[Am. 49]












-1a.






Article 2 is amended as follows:










(a)






paragraph 2 is replaced by the following:




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


[Am. 50]












(b)






in paragraph 3, the introductory part is replaced by the following:




‘3.
   
That region or state will remain on the list in Annex I unless the Commission adopts a delegated act in accordance with Article 24a amending Annex I to remove a region or state from that Annex, in particular where:’.


[Am. 51]














1.


In Article 4, paragraph 3 is replaced by the following:
‘3.   The Commission, assisted by the Customs Code Committee established by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (14) shall monitor the implementation and application of the provisions of Annex II.
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]

Article 24a
 concerning technical amendments to Annex II necessary as a result of the application of that Annex. [Am. 52]

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.

(14)  OJ L 302, 19.10.1992, p. 1.’."
						










2.


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]

Article 24a
 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 TFEU with the regions or states listed in Annex I.’.
[Am. 53]












2a.






The following article is inserted:




‘Article 24a




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 2(2) and (3), Article 4(4) and Article 23 shall be conferred on the Commission for a period of five years from …

 (15)

. 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.




3.
   
The delegation of power referred to in Article 2(2) and (3), Article 4(4), and Article 23 may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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 2(2) and (3), Article 4(4), and Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or the Council.’.


[Am. 54]





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/EC
 (16)

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








-1.






The following recital is inserted:










‘(12a)






In order to permit the adjustment of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of 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. 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 to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.’.






[Am. 55]










1.


Article 7 is replaced by the following:
‘Article 7
Conferral of power
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 is inserted:
‘Article 8b
Exercise of the delegation
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The delegation of power referred to in Article 7 shall be conferred on the Commission for an indeterminate

a
 period of time

five years from …

 (17)

. 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. 56]

3.   The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of 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 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council.’.
[Am. 57]












2a.






The following article is inserted:




‘Article 12a




Report




1.
   
The Commission shall submit a biannual report to the European Parliament on the application of this Regulation.




2.
   
The report shall include information concerning the implementation of this Regulation.




3.
   
The European Parliament may, within one month of submission of the Commission's 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.




4.
   
No later than six months after submission of its report to the European Parliament, the Commission shall make it public.’.


[Am. 58]






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 964/2007

 (18)


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;












(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.   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 Articles 10(2), 11(8) and 25 shall be conferred on the Commission for an indeterminate period of time.


3.   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.’

[Am. 59]





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
 (19)

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 TFEU should be delegated to the Commission in respect of amendments to Annex V.
Accordingly, Regulation (EC) No 1340/2008 is amended as follows:








-1.






The following recital is inserted:










‘(9a)






In order to permit 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 to the Council. The Commission should provide full information and documentation concerning its meetings with national experts within the framework of its work on the preparation and implementation of delegated acts. In this respect, the Commission should ensure that the European Parliament is duly involved, drawing on best practices from previous experience in other policy areas in order to create the best possible conditions for future scrutiny of delegated acts by the European Parliament.’.






[Am. 60]










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 are inserted:
‘Article 16a
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 5(3) shall be conferred on the Commission for an indeterminate

a
 period of time

five years from …

 (20)

. 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. 61]

3.   The delegation of power 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.
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 two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months

four months
 at the initiative of the European Parliament or the Council. [Am. 62]

Article 16b
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 trade measures for countries and territories participating in or linked to the European Union’s stabilisation and association process

 (21)


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:


‘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)




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












(b)




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


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


3.   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.’

[Am. 63]






(1)  OJ L 275, 8.11.1993, p. 1.

(3)  
Date of entry into force of this Regulation.



(4)  OJ L 67, 10.3.1994, p. 1.

(6)  
Please insert the date of entry into force of this Regulation



(7)  OJ L 135, 3.6.2003, p. 5.

(8)  
Please insert the date of entry into force of this Regulation



(9)  OJ L 110, 30.4.2005, p. 1.

(10)  
Please insert the date of entry into force of this Regulation



(11)  OJ L 300, 17.11.2007, p. 1.

(12)  
Please insert the date of entry into force of this Regulation



(13)  OJ L 348, 31.12.2007, p. 1.

(15)  
Please insert the date of entry into force of this Regulation



(16)  OJ L 20, 24.1.2008, p. 1.

(17)  
Please insert the date of entry into force of this Regulation



(18)  
OJ L 211, 6.2.2008, p. 1.


(19)  OJ L 348, 24.12.2008, p. 1.

(20)  
Please insert the date of entry into force of this Regulation



(21)  
OJ L 328, 15.12.2009, p. 1.