Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for exports (codification)
Date: 2014-05-28
Institutions: European Commission
Subjects: codification of EU law, export (EU), export monitoring, export restriction, protective clause, quantitative restriction, simplification of legislation













EUR-Lex - 52014PC0322 - EN











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52014PC0322

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for exports (codification) /* COM/2014/0322 final - 2014/0167 (COD) */









EXPLANATORY MEMORANDUM
1.           In the context of a people’s
Europe, the Commission attaches great importance to simplifying and clarifying
the law of the Union so as to make it clearer and more accessible to citizens,
thus giving them new opportunities and the chance to make use of the specific
rights it gives them.
This aim cannot be achieved so long as numerous
provisions that have been amended several times, often quite substantially,
remain scattered, so that they must be sought partly in the original instrument
and partly in later amending ones. Considerable research work, comparing many
different instruments, is thus needed to identify the current rules.
For this reason a codification of rules that
have frequently been amended is also essential if the law is to be clear and
transparent.
2.           On 1 April 1987 the Commission
decided[1]
to instruct its staff that all acts should be codified after no more
than ten amendments, stressing that this is a minimum requirement and that
departments should endeavour to codify at even shorter intervals the texts for
which they are responsible, to ensure that their provisions are clear and
readily understandable.
3.           The Conclusions of the Presidency
of the Edinburgh European Council (December 1992) confirmed this[2], stressing the
importance of codification as it offers certainty as to the law
applicable to a given matter at a given time.
Codification must be undertaken in full
compliance with the normal procedure for the adoption of acts of the Union.
Given that no changes of substance may be made
to the instruments affected by codification, the European Parliament,
the Council and the Commission have agreed, by an interinstitutional agreement
dated 20 December 1994, that an accelerated procedure may be used for the
fast-track adoption of codification instruments.
4.           The purpose of this proposal is
to undertake a codification of Council Regulation (EC)
No 1061/2009 of 19 October 2009 establishing common rules for exports[3]. The new Regulation will supersede the various acts incorporated in
it[4]; this proposal fully
preserves the content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are required by
the codification exercise itself.
5.           The codification proposal
was drawn up on the basis of a preliminary consolidation, in
22 official languages, of Regulation (EC)
No 1061/2009 and the instrument amending it,
carried out by the Publications Office of the European Union, by means of a
data-processing system. Where the Articles have been given new numbers, the
correlation between the old and the new numbers is shown in a table set out in
Annex III to the codified Regulation.
ê 1061/2009
(adapted)
2014/0167 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
 Ö on Õ common rules for exports (codification)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty Ö on the
Functioning of the European Union Õ , and in
particular Article Ö 207(2) Õ thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the European
Economic and Social Committee[5], 
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       Council
Regulation (EC) No Ö 1061/2009[6] Õ has been
substantially amended[7]. In the interests of clarity and rationality, Ö that Õ Regulation
should be codified.
(2)       The common
commercial policy should be based on uniform principles.
(3)       Common
rules should be Ö provided Õ for exports
from the Ö Union Õ .
(4)       Exports
are almost completely liberalised in all the Member States. It is therefore
possible to accept as a Ö Union Õ principle that
exports to third countries are not subject to any quantitative restriction,
subject to the exceptions provided for in this Regulation and without prejudice
to such measures as Member States may take in conformity with the Treaty.
(5)       The
Commission should be informed if, as a result of unusual developments on the
market, a Member State considers that protective measures might be necessary.
(6)       It
is essential that examination should take place at Ö Union Õ level, in
particular on the basis of any such information, of export terms and
conditions, of export trends, of the various aspects of the economic and
commercial situation, and of the measures, if any, to be taken.
(7)       It
may become apparent from this examination that the Ö Union Õ should
exercise surveillance over certain exports, or that interim protective measures
should be introduced as a safeguard against unforeseen practices.
(8)       Any
protective measures necessitated by the interests of the Ö Union Õ should be
adopted with due regard for existing international obligations.
ê 1061/2009 recital 11 (adapted)
(9)       It
is necessary to authorise Member States which are bound by international
commitments setting up, in cases of actual or potential supply difficulties, a
system for the allocation of oil products between contracting parties to comply
with the resulting obligations vis-à-vis third countries, without prejudice to Ö Union Õ provisions
adopted to the same end. This authorisation should apply until the adoption by Ö the
European Parliament and Õ the Council of
appropriate measures pursuant to commitments entered into by the Ö Union Õ or all the Member States.
ê 1061/2009
recital 12 (adapted)
(10)     This
Regulation should apply to all products, whether industrial or agricultural.
Its operation should be complementary to that of the instruments establishing
common organisation of agricultural markets, and to that of the special instruments
adopted under Article Ö 352 Õ of the Treaty
for processed agricultural products. Any overlap between the provisions of this
Regulation and the provisions of Ö those Õ instruments,
particularly the protective clauses thereof, must however be avoided.
ê 37/2014
Art. 1 and Annex .21 (adapted)
(11)      Ö The Õ implementation
Ö of this Regulation Õ requires
uniform conditions for the adoption of Ö protective Õ measures. Those measures should be adopted by the Commission in
accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council[8],
ê 1061/2009
(adapted)
HAVE ADOPTED THIS REGULATION:
CHAPTER I
BASIC PRINCIPLE
Article 1
The exportation of products from the Ö Union Õ to third
countries shall be free, that is to say, they shall not be subject to any
quantitative restriction, with the exception of those restrictions which are
applied in conformity with the provisions of this Regulation.
CHAPTER II
 Ö UNION Õ INFORMATION AND CONSULTATION PROCEDURE
Article 2
If, as a result of any unusual developments
on the market, a Member State considers that protective measures within the
meaning of Chapter III might be necessary, it shall so notify the Commission,
which shall advise the other Member States.
ê 37/2014
Art. 1 and Annex .21(2)
Article 3
1. The Commission shall be assisted by the
Committee on Safeguards, established by Regulation (EU) No […/…] of the European Parliament and of the Council[9].
That Committee shall be a committee within the meaning of Regulation (EU)
No 182/2011.
2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this
paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with
Article 5 thereof, shall apply.
ê 1061/2009
Article 4
For the purpose of assessing the economic
and commercial situation as regards a particular product, the Commission may
request Member States to supply statistical data on market trends in that
product and, to this end, acting in accordance with their national legislation
and with a procedure to be specified by the Commission, to exercise
surveillance over exports of such product. Member States shall take whatever
steps are necessary in order to give effect to requests from the Commission and
shall forward to the Commission the data requested. The Commission shall inform
the other Member States.
CHAPTER III
PROTECTIVE MEASURES
Article 5
ê 37/2014
Art. 1 and Annex .21(3)
1. In order to prevent a critical situation
from arising on account of a shortage of essential products, or to remedy such
a situation, and where Union interests call for immediate intervention, the
Commission, acting at the request of a Member State or on its own initiative,
and taking account of the nature of the products and of the other particular
features of the transactions in question, may make the export of a product
subject to the production of an export authorisation, the granting of which
shall be governed by such provisions and subject to such limits as the
Commission shall lay down in accordance with the examination procedure referred
to in Article 3(2), or, in cases of urgency, in accordance with Article 3(3).
2. The European Parliament, the Council and
the Member States shall be notified of the measures taken. Such measures shall
take effect immediately.
ê 1061/2009
(adapted)
3. The measures may be limited to exports
to certain countries or to exports from certain regions of the Ö Union Õ . They shall
not affect products already on their way to the Ö Union Õ frontier.
ê 37/2014
Art. 1 and Annex .21(3)
4. Where intervention by the Commission has
been requested by a Member State, the Commission shall take a decision pursuant
to paragraph 1 within a maximum of five working days of the date of receipt of such request.
5. Where the Commission has acted pursuant
to paragraph 1 of this Article, it shall, not later than 12 working days
following the date of entry into force of the measure which it has taken,
decide whether to adopt appropriate measures as provided for in Article 6. If,
at the end of six weeks following the date of entry into force of the measure,
no measures have been adopted, the measure in question shall be deemed revoked.
ê 1061/2009
Article 6
ê 37/2014
Art. 1 and Annex .21(4)
1. Where the interests of the Union so require, the Commission may, acting in accordance with the examination procedure
referred to in Article 3(2), adopt appropriate measures:
ê 1061/2009
(adapted)
(a)          to prevent a critical situation
from arising owing to a shortage of essential products, or to remedy such a
situation;
(b)          to allow international
undertakings entered into by the Ö Union Õ or all the Member States to be fulfilled, in particular those relating to trade in primary products.
2. The measures referred to in paragraph 1
may be limited to exports to certain countries or to exports from certain
regions of the Ö Union Õ . They shall
not affect products already on their way to the Ö Union Õ frontier.
3. When quantitative restrictions on
exports are introduced, account shall be taken in particular of:
(a)          the volume of goods exported
under contracts concluded on normal terms and conditions before the entry into
force of a protective measure within the meaning of this Chapter and notified
by the Member State concerned to the Commission in conformity with its national
laws; and
(b)          the need to avoid jeopardising the achievement of the aim pursued in
introducing quantitative restrictions.
ê 37/2014
Art. 1 and Annex .21(5)
Article 7
1. While any measure referred to in
Articles 5 and 6 is in operation, the Commission may, either at the request of
a Member State or on its own initiative:
(a)          examine the effects of the
measure;
(b)          ascertain whether the application
of the measure is still necessary.
Where the Commission considers that the
application of the measure is still necessary, it shall inform the Member
States accordingly.
2. Where the Commission considers that any
measure provided for in Article 5 or 6 should be revoked or amended, it shall
act in accordance with the examination procedure referred to in Article 3(2).
ê 1061/2009
CHAPTER IV
TRANSITIONAL AND FINAL PROVISIONS
Article 8
ê 37/2014
Art. 1 and Annex .21(6)
In respect of products listed in Annex I,
until the European Parliament and the Council adopt appropriate measures
pursuant to international commitments entered into by the Union or all the
Member States, Member States shall, without prejudice to rules adopted by the
Union in this field, be authorised to implement the emergency sharing system
introducing an allocation obligation vis-à-vis third countries provided for in
international commitments entered into before the entry into force of this
Regulation.
ê 1061/2009
Member States shall inform the Commission
of measures they intend to adopt. The measures adopted shall be communicated by
the Commission to the Council and other Member States.
ê 37/2014
Art. 1 and Annex .21(7)
Article 9
The Commission shall include information on
the implementation of this Regulation in its annual report on the application
and implementation of trade defence measures presented to the European
Parliament and to the Council pursuant to Article 22a of Council
Regulation (EC) No 1225/2009[10].
ê 1061/2009
(adapted)
Article 10
Without prejudice to other Ö Union Õ provisions,
this Regulation shall not preclude the adoption or application by a Member
State of quantitative restrictions on exports on grounds of public morality,
public policy or public security, Ö or of Õ protection of
health and life of humans, animals and plants, of national treasures possessing
artistic, historic or archaeological value, or of industrial and commercial
property.
Article 11
This Regulation shall be without prejudice
to the operation of the instruments establishing common organisation of
agricultural markets, or of the special instruments adopted under Article Ö 352 Õ of the Treaty
for processed agricultural products. It shall operate by way of complement to
those instruments.
However, in the case of products covered by
such instruments, Article 5 shall not apply to those in respect of which the Ö Union Õ rules on trade
with third countries make provision for the application of quantitative export
restrictions. Article 4 shall not apply to those products in respect of which
such rules require the production of a licence or other export document.
Article 12
Regulation (EC) No Ö 1061/2009 Õ is repealed.
References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex III.
Article 13
This Regulation shall enter into force on
the Ö twentieth Õ day following Ö that of Õ 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 Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               COM(87) 868 PV.
[2]               See Annex 3 to Part A of the Conclusions.
[3]               Entered in the legislative programme for 2014.
[4]               See Annex II to this proposal.
[5]               OJ C […], […], p. […].
[6]               Council Regulation (EC) No 1061/2009 of 19
October 2009 establishing common rules for exports (OJ L 291, 7.11.2009,
p. 1).
[7]               See Annex II.
[8]               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 (OJ L 55, 28.2.2011, p. 13).
[9]                Regulation (EU) No […/…]of the European Parliament and of the Council of […] on common rules for imports (OJ L […], […], p. […]).
[10]             Council Regulation (EC) No 1225/2009 of 30
November 2009 on protection against dumped imports from countries not members
of the European Community (OJ L 343, 22.12.2009, p. 51).
ê 1061/2009
(adapted)
ANNEX I
 Products referred to in Article 8 
 CN code || Description 
 270900 || Petroleum oils and oils obtained from bituminous minerals, crude 
 2710 || Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils: 
 27101111 to 27101190 || Light oils 
 27101911 to 27101929 || Medium oils 
 27101931 to 27101999 || Heavy oils, except lubricating oils, used in clocks and watches and the like, presented in small receptacles containing not more than 250 g net of oil 
 2711 || Petroleum gases and other gaseous hydrocarbons: 
 – Liquefied: 
 271112 || – – Propane: 
 – – – Propane of a purity not less than 99 % 
 – – – Other 
 271113 || – – Butanes 
 – In gaseous state: 
 ex27112900 || – – Other: 
 – – – Propane 
 – – – Butanes 
_____________
é
ANNEX II
Repealed
Regulation with the amendment thereto
 Council Regulation (EC) No 1061/2009 (OJ L 291, 7.11.2009, p. 1) ||   || 
 || Regulation (EU) No 37/2014 of the European Parliament and of the Council (OJ L 18, 21.1.2014, p. 1) || Only point 21 of the Annex 
_____________
ANNEX III
Correlation Table
 Regulation (EC) No 1061/2009 || This Regulation 
 Article 1 || Article 1 
 Article 2 || Article 2 
 Article 4 || Article 3 
 Article 5 || Article 4 
 Article 6 || Article 5 
 Article 7 || Article 6 
 Article 8 || Article 7 
 Article 9 || Article 8 
 Article 9a || Article 9 
 Article 10 || Article 10 
 Article 11 || Article 11 
 Article 12 || Article 12 
 Article 13 || Article 13 
 Annex I || Annex I 
 Annex II || Annex II 
 Annex III || Annex III 
_____________