Amendments adopted by the European Parliament on 23 October 2013 on the proposal for a regulation of the European Parliament and of the Council concerning the exercise of the Union's rights for the application and enforcement of international trade rules (COM(2012)0773 — C7-0415/2012 — 2012/0359(COD))
Date: 2013-10-23
Institutions: Committee on International Trade, Committee on Legal Affairs, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: certificate of origin, infringement of EU law, international standard, international trade law, protective clause, trade agreement (EU), trade dispute








C_2016208EN.01049301.xml










10.6.2016   


EN


Official Journal of the European Union


C 208/493





P7_TA(2013)0439
Application and enforcement of international trade rules ***I
Amendments adopted by the European Parliament on 23 October 2013 on the proposal for a regulation of the European Parliament and of the Council concerning the exercise of the Union's rights for the application and enforcement of international trade rules (COM(2012)0773 — C7-0415/2012 — 2012/0359(COD)) (1)

(Ordinary legislative procedure: first reading)
(2016/C 208/24)

Amendment 1


Proposal for a regulation


Title








Text proposed by the Commission




Amendment





Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the exercise of the Union's rights for the application and enforcement of international trade rules


Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning the exercise of the Union's rights for the application and enforcement of international trade rules 
and amending Council Regulation (EC) No 3286/94







Amendment 2


Proposal for a regulation


Recital 2








Text proposed by the Commission




Amendment











(2)


It is essential that the Union possesses appropriate instruments to ensure the effective exercise of the Union's rights under international trade agreements, in order to safeguard its economic interests. This is particularly the case in situations where third countries enact trade restrictive measures that diminish the benefits accruing to the Union's economic operators under international trade agreements. The Union should be in a position to react swiftly and in a flexible manner in the context of the procedures and deadlines set out by the international trade agreements which it has concluded. The Union should therefore adopt legislation defining the framework for exercising the Union's rights in certain specific situations.












(2)


It is essential that the Union possesses appropriate instruments to ensure the effective exercise of the Union's rights under international trade agreements, in order to safeguard its economic interests. This is particularly the case in situations where third countries enact trade restrictive measures that diminish the benefits accruing to the Union's economic operators under international trade agreements. The Union should be in a position to react swiftly and in a flexible manner in the context of the procedures and deadlines set out by the international trade agreements which it has concluded. The Union should therefore adopt legislation defining the framework for exercising the Union's rights in certain specific situations
, and provide adequate resources to ensure that the resources available are efficiently used for those instruments
.









Amendment 3


Proposal for a regulation


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






The measures aimed at ensuring the effective exercise of the Union's rights should be so selected as to take into account their capacity to encourage the third countries concerned to respect not only the rules of international trade but also their capacity to bring relief to those economic operators and Member States that have been most affected by the trade restrictive measures taken by third countries. The measures taken pursuant to this Regulation should not restrict the Union’s access to raw materials vital to European industries.











Amendment 4


Proposal for a regulation


Recital 3








Text proposed by the Commission




Amendment











(3)


The WTO and other, including regional or bilateral, dispute settlement mechanisms aim at finding a positive solution to any disputes arising between the Union and the other party or parties to those agreements. The Union should, nevertheless, suspend concessions or other obligations, in accordance with those dispute settlement rules, when other avenues to find a positive solution to a dispute have proven unsuccessful. Action by the Union in such cases serves the purpose of inducing compliance of the third country concerned with the relevant international trade rules, in order to restore a situation of reciprocal benefits.












(3)


The WTO and other, including regional or bilateral, dispute settlement mechanisms aim at finding a positive solution to any disputes arising between the Union and the other party or parties to those agreements. The Union should, nevertheless, suspend concessions or other obligations, in accordance with those dispute settlement rules, when other avenues to find a positive solution to a dispute have proven unsuccessful. Action by the Union in such cases serves the purpose of inducing compliance of the third country concerned with the relevant international trade rules, in order to restore a situation of reciprocal benefits. 
The Union should always use the most efficient dispute settlement mechanism available.











Amendment 5


Proposal for a regulation


Recital 4








Text proposed by the Commission




Amendment











(4)


Under the WTO Agreement on Safeguards, a WTO member proposing to apply a safeguard measure or seeking the extension of a safeguard measure should endeavour to maintain a substantially equivalent level of concessions and other obligations between it and the exporting members, which would be adversely affected by such a safeguard measure. Similar rules apply in the context of other, including regional or bilateral international trade agreements concluded by the Union. The Union should take rebalancing measures by suspending concessions or other obligations in cases where the third country concerned implements no 
satisfactory
 adjustments. Action by the Union in such cases serves the purpose of inducing the introduction of trade-enhancing measures by third countries in order to restore a situation of reciprocal benefits.












(4)


Under the WTO Agreement on Safeguards, a WTO member proposing to apply a safeguard measure or seeking the extension of a safeguard measure should endeavour to maintain a substantially equivalent level of concessions and other obligations between it and the exporting members, which would be adversely affected by such a safeguard measure. Similar rules apply in the context of other, including regional or bilateral international trade agreements concluded by the Union. The Union should take rebalancing measures by suspending concessions or other obligations in cases where the third country concerned implements no 
adequate and proportionate
 adjustments. Action by the Union in such cases serves the purpose of inducing the introduction of trade-enhancing measures by third countries in order to restore a situation of reciprocal benefits.









Amendment 6


Proposal for a regulation


Recital 5








Text proposed by the Commission




Amendment











(5)


Article XXVIII of the GATT 1994 and the related Understanding govern the modification or withdrawal of concessions established in the tariff schedules of WTO Members. WTO members affected by any such modification are entitled, under certain conditions, to withdraw substantially equivalent concessions. The Union should adopt rebalancing measures in such cases, unless compensatory adjustments are agreed. Action by the Union would be aimed at inducing third countries to implement 
trade-enhancing
 measures.












(5)


Article XXVIII of the GATT 1994 and the related Understanding 
and Article XXI of the General Agreement on Trade in Services (GATS) and related procedures for its implementation
 govern the modification or withdrawal of concessions 
and commitments
 established in the tariff schedules 
and the schedule of specific commitments
 of WTO Members. WTO members affected by any such modification are entitled, under certain conditions, to withdraw substantially equivalent concessions 
or commitments
. The Union should adopt rebalancing measures in such cases, unless compensatory adjustments are agreed. Action by the Union would be aimed at inducing third countries to implement measures 
restoring reciprocal advantages and enhancing trade
.









Amendment 7


Proposal for a regulation


Recital 6








Text proposed by the Commission




Amendment











(6)




The
 Union 
should have
 the possibility to enforce its rights in the area of government procurement 
in view of the fact that
 the WTO Agreement on Government Procurement 
states that any dispute arising thereunder shall not result in the suspension of concessions or other obligations under any other covered agreement of the WTO.














(6)




It is essential for the
 Union 
to have
 the possibility to 
swiftly
 enforce its rights in the area of government procurement 
when a party fails to respect its commitments under
 the WTO Agreement on Government Procurement 
or under any bilateral or regional binding agreements. The Union's action should be aimed at ensuring the maintenance of a substantially equivalent level of concessions in the field of government procurement.











Amendment 8


Proposal for a regulation


Recital 7








Text proposed by the Commission




Amendment











(7)


This Regulation should 
focus on those measures where
 the Union 
has experience in their design and application;
 the possibility to extend 
the
 scope 
of this Regulation to the sectors of services and
 intellectual property rights should be 
assessed in due time with regard to the specificities of each area.














(7)


This Regulation should 
make it possible for

the Union

to establish a complete and effective framework to enable measures to be taken without delay. However,
 the possibility to extend 
its
 scope 
with new measures covering new trade areas, such as
 intellectual property rights, should be 
considered as part of a study carried out at the same time as the evaluation report on the functioning of this Regulation referred to in Article 10, and should be presented to the European Parliament .











Amendment 9


Proposal for a regulation


Recital 9








Text proposed by the Commission




Amendment











(9)


The Commission should evaluate the functioning of this Regulation no later than 
three
 years after the first instance of 
its implementation
 with a view to assessing and, if necessary, improving its efficiency.












(9)


The Commission should evaluate the functioning of this Regulation no later than 
five
 years after the first instance of 
adoption of an implementing act under this Regulation
 with a view to assessing its implementation and, if necessary, improving its efficiency. 
The Commission should include in its reports on the Europe 2020 Strategy an analysis of the relevance of this Regulation, particularly as regards its ability to remove barriers to trade.











Amendment 10


Proposal for a regulation


Recital 9 a (new)








Text proposed by the Commission




Amendment





 










(9a)






The Commission should regularly inform the European Parliament when it intends to implement commercial policy measures pursuant to this Regulation. That information should entail a detailed description of the specific case and of the envisaged measures, of the damage incurred by Union industry, the justification for and the possible impact of the envisaged measures. After the measures have been taken, the Commission should inform the European Parliament of the actual impact of the measures.











Amendment 11


Proposal for a regulation


Recital 9 b (new)








Text proposed by the Commission




Amendment





 










(9b)






When assessing the Union's general interest in respect of the adoption of enforcement measures, while pursuing a balanced approach, the Commission should take particular account of the situation of the Union's producers. The Commission should inform the European Parliament of how it has determined the Union's general interest on a case-by-case basis.











Amendment 12


Proposal for a regulation


Recital 10 a (new)








Text proposed by the Commission




Amendment





 










(10a)






The Commission should keep the European Parliament regularly informed, particularly when the Union has referred a matter to a dispute settlement body. After each decision by a dispute settlement body authorising the Union to take measures, the Commission should appear before the European Parliament's committee responsible for international trade to give an account of its intention to take or withhold from taking such measures. If the Union decides to take measures, the Commission should appear before the European Parliament to give an account of the measures selected.











Amendment 13


Proposal for a regulation


Recital 13 a (new)








Text proposed by the Commission




Amendment





 










(13a)






At the request of the European Parliament, the Commission should regularly participate in the Dispute Settlement and Enforcement Dialogue provided for in this Regulation.











Amendment 14


Proposal for a regulation


Article 1 — introductory part








Text proposed by the Commission




Amendment





This Regulation lays down rules and procedures in order to ensure an effective exercise of the Union's rights to suspend or withdraw concessions or other obligations under international trade agreements, with the aim of:


This Regulation lays down rules and procedures in order to ensure an effective 
and timely
 exercise of the Union's rights to suspend or withdraw concessions or other obligations under international trade agreements, with the aim of:





Amendment 15


Proposal for a regulation


Article 1 — point a








Text proposed by the Commission




Amendment











(a)


responding to breaches by third countries of international trade rules which affect the interests of the Union, with a view to seeking a satisfactory solution.












(a)


responding to breaches by third countries of international trade rules which affect the interests of the Union, with a view to seeking a satisfactory solution 
that provides relief to the affected economic operators of the Union
.









Amendment 16


Proposal for a regulation


Article 1 — point b








Text proposed by the Commission




Amendment











(b)


rebalancing concessions or other obligations in the trade relations with third countries, when the 
import
 treatment accorded to goods from the Union is altered.












(b)


rebalancing concessions or other obligations in the trade relations with third countries, when the treatment accorded to goods 
or services
 from the Union is altered.









Amendment 17


Proposal for a regulation


Article 2 — point b








Text proposed by the Commission




Amendment











(b)


‘concessions or other obligations’ means tariff concessions or any other benefits that the Union committed to apply in its trade with third countries by virtue of international trade agreements to which it is a party,












(b)


‘concessions or other obligations’ means tariff concessions, 
specific commitments in the field of services
 or any other benefits that the Union committed to apply in its trade with third countries by virtue of international trade agreements to which it is a party,









Amendment 18


Proposal for a regulation


Article 3 — paragraph 1 — point d








Text proposed by the Commission




Amendment











(d)


in cases of modification of concessions by a WTO member under Article XXVIII of the General Agreement on Tariffs and Trade 1994, where no compensatory adjustments have been agreed.












(d)


in cases of modification of concessions 
or commitments
 by a WTO member under Article XXVIII of the General Agreement on Tariffs and Trade 1994 
or Article XXI of the GATS
, where no compensatory adjustments have been agreed.









Amendment 19


Proposal for a regulation


Article 4 — paragraph 1








Text proposed by the Commission




Amendment





1.   Where action is necessary to safeguard the interests of the Union in the cases referred to in Article 3(1), the Commission shall adopt an implementing act determining the appropriate commercial policy measures. Such implementing act shall be adopted in accordance with the examination procedure referred to in Article 8(2).


1.   Where action is necessary to safeguard the interests of the Union in the cases referred to in Article 3(1), the Commission shall adopt an implementing act determining the appropriate commercial policy measures. Such implementing act shall be adopted in accordance with the examination procedure referred to in Article 8(2). 
The Commission shall duly justify to the European Parliament the choice of commercial policy measures provided for in Article 5.







Amendment 20


Proposal for a regulation


Article 4 — paragraph 2 — point d








Text proposed by the Commission




Amendment











(d)


Concessions withdrawn in the trade with a third country in connection with Article XXVIII of the GATT 1994 and the related Understanding shall be substantially equivalent to the concessions modified or withdrawn by that third country, in accordance with the terms established in Article XXVIII of the GATT 1994 and the related Understanding.












(d)


Concessions 
or commitments modified or
 withdrawn in the trade with a third country in connection with Article XXVIII of the GATT 1994 and the related Understanding 
or Article XXI of the GATS and related implementing procedures
 shall be substantially equivalent to the concessions 
or commitments
 modified or withdrawn by that third country, in accordance with the terms established in Article XXVIII of the GATT 1994 and the related Understanding 
or Article XXI of the GATS and related implementing procedures
.









Amendment 21


Proposal for a regulation


Article 4 — paragraph 3 — point b








Text proposed by the Commission




Amendment











(b)


potential of the measures to provide relief to economic operators within the Union affected by third country measures;












(b)


potential of the measures to provide relief to 
Member States and
 economic operators within the Union affected by third country measures;









Amendment 22


Proposal for a regulation


Article 4 — paragraph 3 — point c








Text proposed by the Commission




Amendment











(c)


availability of alternative sources of supply for the products concerned, in order to avoid or minimise any negative impact on downstream industries or final consumers within the Union;












(c)


availability of alternative sources of supply for the products 
or services
 concerned, in order to avoid or minimise any negative impact on downstream industries or final consumers within the Union;









Amendment 23


Proposal for a regulation


Article 4 — paragraph 3 a (new)








Text proposed by the Commission




Amendment





 




3a.
   
The Commission shall outline in its proposal for an implementing act how it has determined the Union's general interest in the specific case in question.







Amendment 24


Proposal for a regulation


Article 5 — point b a (new)








Text proposed by the Commission




Amendment





 










(ba)






the suspension of the application of obligations and specific commitments in the area of trade in services, with respect to the GATS or any bilateral and regional agreements;











Amendment 25


Proposal for a regulation


Article 5 — point c — point i








Text proposed by the Commission




Amendment











(i)


the exclusion from public procurement of tenders the total value of which is made up for more than 50 % of goods or services originating in the third country concerned; and/or












(i)


the exclusion from public procurement of tenders the total value of which is made up for more than 50 % of goods or services originating in the third country concerned; 
implementing acts may set thresholds, according to the characteristics of the goods or services concerned, above which the exclusion is to apply, taking into account the provisions of Article 4(3), including considerations regarding administrative capacity, and the level of nullification or impairment
; and/or









Amendment 26


Proposal for a regulation


Article 5 — paragraph 1 a (new)








Text proposed by the Commission




Amendment





 




The Commission shall duly justify to the European Parliament the choice of the specific commercial policy measures adopted pursuant to this Article.







Amendment 27


Proposal for a regulation


Article 7 — paragraph 1








Text proposed by the Commission




Amendment





1.   Where, subsequently to the adoption of an implementing act pursuant to Article 4(1), the third country concerned accords 
satisfactory
 compensation to the Union in the cases referred to in Article 3(1)(a) and (b), the Commission may suspend the application of that implementing act for the duration of the compensation period. The suspension shall be decided in accordance with the examination procedure referred to in Article 8(2).


1.   Where, subsequently to the adoption of an implementing act pursuant to Article 4(1), the third country concerned accords 
adequate and proportionate
 compensation to the Union in the cases referred to in Article 3(1) (a) and (b), the Commission may suspend the application of that implementing act for the duration of the compensation period. The suspension shall be decided in accordance with the examination procedure referred to in Article 8(2).





Amendment 28


Proposal for a regulation


Article 7 — paragraph 2 — point b








Text proposed by the Commission




Amendment











(b)


in cases of rebalancing of concessions or other obligations following the adoption by a third country of a safeguard measure, when the safeguard measure is withdrawn or expires, or when the third country concerned accords 
satisfactory
 compensation to the Union subsequently to the adoption of an implementing act under Article 4(1);












(b)


in cases of rebalancing of concessions or other obligations following the adoption by a third country of a safeguard measure, when the safeguard measure is withdrawn or expires, or when the third country concerned accords 
adequate and proportionate
 compensation to the Union subsequently to the adoption of an implementing act under Article 4(1);









Amendment 29


Proposal for a regulation


Article 7 — paragraph 2 — point c








Text proposed by the Commission




Amendment











(c)


in cases of modification of concessions by a WTO member under Article XXVIII of the General Agreement on Tariffs and Trade 1994, when the third country concerned accords satisfactory compensation to the Union subsequently to the adoption of an implementing act under Article 4(1).












(c)


in cases of 
withdrawal or
 modification of concessions 
or commitments
 by a WTO member under Article XXVIII of the GATT 1994 
or Article XXI of the GATS
, when the third country concerned accords 
adequate and proportionate
 compensation to the Union subsequently to the adoption of an implementing act under Article 4(1).









Amendment 30


Proposal for a regulation


Article 7 — paragraph 4 a (new)








Text proposed by the Commission




Amendment





 




4a.
   
The Commission shall duly justify to the European Parliament when it envisages suspending, modifying or terminating a measure provided for in Article 5.







Amendment 31


Proposal for a regulation


Article 9 — paragraph 1








Text proposed by the Commission




Amendment





1.   The Commission shall seek information and views regarding the Union's economic interests in specific products or sectors, in the application of this Regulation, through a notice in the Official Journal of the European Union or other suitable public communication means.


1.   The Commission shall seek information and views regarding the Union's economic interests in specific products
, services
 or sectors, in the application of this Regulation, through a notice in the Official Journal of the European Union or other suitable public communication means 
and shall take those views into account
.




 




The notice shall indicate the period within which the information is to be submitted. That period shall not exceed two months.







Amendment 32


Proposal for a regulation


Article 9 — paragraph 2








Text proposed by the Commission




Amendment





2.   Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.


2.   Information received pursuant to this Regulation shall be used only for the purpose for which it was requested. 
The Commission shall duly inform the European Parliament of the outcome of such information gathering and how it intends to take account of the information when determining the Union's general interest.







Amendment 33


Proposal for a regulation


Article 9 — paragraph 4








Text proposed by the Commission




Amendment





4.   The supplier of information may request that information supplied be treated as confidential. In such cases, it shall be accompanied by a non-confidential summary or a statement of the reasons why the information cannot be summarised.


4.   The supplier of information may request that information supplied be treated as confidential. In such cases, it shall be accompanied by a non-confidential summary 
which presents the information in a generalised form
 or a statement of the reasons why the information cannot be summarised.





Amendment 34


Proposal for a regulation


Article 9 a (new)








Text proposed by the Commission




Amendment





 




Article 9a






 




Dispute settlement and enforcement dialogue






 




The Commission shall regularly participate in an exchange of views with the European Parliament's Committee responsible for international trade on the management of trade disputes, including ongoing cases, effects on Union industries, envisaged measures, justification and impact of the envisaged measures, and on the implementation of commercial policy measures pursuant to this Regulation.







Amendment 35


Proposal for a regulation


Article 10








Text proposed by the Commission




Amendment





No later than 
three
 years after the first instance of adoption of an implementing act under this Regulation, the Commission shall review its implementation and report to the European Parliament and the Council.


No later than 
five
 years after the first instance of adoption of an implementing act under this Regulation, the Commission shall review its implementation and report to the European Parliament and the Council.






(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0308/2013).