OPINION OF THE COMMISSION__pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,_on the European Parliament's amendments_to the Council's position regarding the proposal for a Regulation_OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL__amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of a number of countries from the list of regions or states which have concluded negotiations
Date: 2013-05-03
Institutions: European Commission
Subjects: ACP countries, free-trade agreement, generalised preferences, ratification of an agreement, trade agreement (EU), withdrawal from an agreement

EUROPEAN 
COMMISSION 

Brussels, 3.5.2013  
COM(2013) 277 final 

2011/0260 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union,
on the European Parliament's amendments 
to the Council's position 

regarding the proposal for a Regulation 
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of 
a number of countries from the list of regions or states which have concluded 
negotiations 

EN 

   EN 

 
 
 
 
  
 
 
 
2011/0260 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position 

regarding the proposal for a Regulation 
OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Annex I to Council Regulation (EC) No 1528/2007 as regards the exclusion of 
a number of countries from the list of regions or states which have concluded 
negotiations 

1. 

INTRODUCTION 

Article  294(7)(c)  of  the  Treaty  on  the  Functioning  of  the  European  Union  provides  that  the 
Commission  is  to  deliver  an  opinion  on  the  amendments  proposed  by  the  European 
Parliament  at  second  reading.  The  Commission  sets  out  its  opinion  below  on  the  two 
amendments proposed by the Parliament.  

2. 

BACKGROUND 

After  the  signature  of  the  Cotonou  Agreement in  2000  setting  out  principles  and  provisions 
for  the  Economic  Partnership  Agreements  (EPAs)  with  the  African,  Caribbean  and  Pacific 
(ACP)  countries  and  regions  and  the  negotiating  process  ensuing  therefrom,  a  number  of 
countries concluded negotiations and initialled interim EPAs at the end of 2007. In order to 
avoid  a  disruption  in  trade  preferences,  Council  Regulation  (EC)  No  1528/2007  of  20 
December  2007  (the  "Market  Access  Regulation")  set  out  the  conditions  for  unilateral 
advance  provisional  application  by  the  EU  of  trade  preferences  from  1  January  2008  in 
anticipation of EPA ratifications. 

While  19  ACP  countries  have  taken  the  necessary  steps  towards  ratification  of  their  EPAs, 
another 17 have failed to do so. According to the criteria set out in Article 2(3) of the Market 
Access  Regulation,  these  17  countries  no  longer  meet  the  conditions  of  the  Market  Access 
Regulation and accordingly, trade preferences should no longer be maintained. 

3. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION  

The  Commission  proposal  is  intended  to  amend  the  list  of  countries  benefiting  from  the 
preferences (Annex I of the Regulation) by removing, on 1 January 2014, those which have 
still not taken the necessary steps towards ratification of an EPA. The proposal is intended to 
ensure  equitable  treatment  vis-à-vis  EPA  partners  that  are  fully  complying  with  their 
obligations. 

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4. 

OPINION OF THE COMMISSION ON THE AMENDMENTS PROPOSED BY THE EUROPEAN 
PARLIAMENT 

– 

Delay of the date of entry into force 

At second reading, the European Parliament proposes to delay the entry into force of 
the  amendment  to  the  Market  Access  Regulation  by  ten  months,  i.e.  to  1  October 
2014.  The  Commission  considers  its  original  proposal  of  entry  into  force  on  1 
January  2014  preferable  as  any  further  delays  increase  the  risks  associated  with 
extending  a  temporary  arrangement  that  cannot  provide  a  solid  legal  basis  of  ACP 
market access. However, with a view to ensuring inter-institutional unity and a broad 
majority for the adoption of the amendment proposal the amendment is nevertheless 
acceptable. 

– 

Amendment to limit the Delegation of Powers 

The second amendment by the European Parliament concerns the limitation in time 
of the delegation of powers conferred to the Commission. While the Commission had 
originally  not  proposed  a  limitation  in  time,  the  European  Parliament  proposed  to 
limit  the  conferral  of  powers  to  five  years  with  tacit  renewal.  While  this  is  not  the 
preferred approach of the Commission, this does not raise any particular problems in 
the case at hand and is therefore acceptable.  

5. 

CONCLUSION 

Pursuant  to  Article  293(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Commission amends its proposal as set out above. 

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