Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification)
Date: 2015-02-09
Institutions: European Commission
Subjects: World Trade Organisation, common commercial policy, international standard, international trade, marketing standard, trade agreement (EU), trade dispute













EUR-Lex - 52015PC0049 - EN











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52015PC0049

Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down Union procedures in the field of the common commercial policy in order to ensure the exercise of the Union’s rights under international trade rules, in particular those established under the auspices of the World Trade Organization (codification) /* COM/2015/049 final - 2014/0174 (COD) */









EXPLANATORY MEMORANDUM
1.           On 10 June 2014, the
Commission presented a proposal for a Regulation of the European Parliament and
of the Council codifying Council Regulation (EC)
No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common
commercial policy in order to ensure the exercise of the Community's rights
under international trade rules, in particular those established under the
auspices of the World Trade Organization[1].
2.           In its opinion of 23 October
2014 the Consultative Working Party of the legal services set up under the Interinstitutional
Agreement of 20 December 1994 on an accelerated working method for
official codification of legislative texts[2]
has stated that at the date on which the proposal referred to in point 1 was
submitted by the Commission to the European Parliament and to the Council it
confined itself to straightforward codification, without any substantive
changes to the acts covered by it.
3.           Having regard to the amendment
adopted[3]
in respect of the proposal referred to in point 1, the Commission has
decided to present – in accordance with Article 293(2) of the TFEU – an
amended proposal for codification of the Regulation in question.
4.           The changes made in this amended
proposal, compared with the proposal referred to in point 1, are the
following:
(1)     In Article 14, paragraph 2 is
replaced by the following text:
‘2.     Where the Union, having acted in
accordance with Article 13(2), has to take a decision on the measures of commercial policy to
be adopted pursuant to the third subparagraph of Article 12(2) or pursuant to Article 13, it shall act, without delay, in accordance with Article 207 of the Treaty and, as appropriate,
Regulation (EU) No 654/2014 of the European Parliament and of the Council*
or any other applicable
procedures.
_____________
*           Regulation (EU) No 654/2014
of the European Parliament and of the Council of 15 May 2014
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 laying down Community procedures in the field of the common
commercial policy in order to ensure the exercise of the Community's rights
under international trade rules, in particular those established under the
auspices of the World Trade Organization (OJ L 189, 27.6.2014, p.
50).’;
(2)     in Annex I, the following entry is
added:
‘Regulation (EU) No 654/2014 of the
European Parliament and of the Council (OJ L 189,
27.6.2014, p. 50) / Only Article 11’.
5.           To facilitate reading and
examination, the full text of the amended proposal for codification is attached
hereto.
ê 3286/94
(adapted)
2014/0174 (COD)
Amended proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
laying down Ö Union Õ procedures in
the field of the common commercial policy in order to ensure the exercise of
the Ö Union’s Õ rights under
international trade rules, in particular those established under the auspices
of the World Trade Organization (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[4],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
ê 
(1)       Council
Regulation (EC) No 3286/94[5] has been substantially amended several times[6]. In the interests of clarity and rationality, that Regulation
should be codified.
ê 3286/94 recital 1
(2)       The
common commercial policy must be based on uniform principles, in particular
with regard to commercial defence.
ê 3286/94 recital 4 (adapted)
(3)       It
appears necessary to Ö provide
for Union Õ procedures to
ensure the effective exercise of the rights of the Ö Union Õ under
international trade rules.
ê 3286/94 recital 5 (adapted)
(4)       International
trade rules are primarily those established under the auspices of the Ö World
Trade Organization Õ (‘WTO’) and laid down
in the Annexes to the WTO Agreement, but they can also be those laid down
in any other agreement to which the Ö Union Õ is a party and
which sets out rules applicable to trade between the Ö Union Õ and third
countries. It is appropriate to
give a clear idea of the types of agreements to which the term ‘international
trade rules’ refers.
ê 3286/94
recital 6 (adapted)
(5)       The
abovementioned Ö Union Õ procedures
should be based on a legal mechanism under Ö Union Õ law which Ö is Õ fully transparent, and Ö ensures Õ that the decision to invoke the Ö Union’s Õ rights under
international trade rules is taken on the basis of accurate factual information
and legal analysis.
ê 3286/94 recital 7 (adapted)
(6)       This
mechanism aims to provide procedural means to request that the Ö Union Õ institutions
react to obstacles to trade adopted or maintained by third countries which
cause injury or otherwise adverse trade effects, provided that a right of
action exists, in respect of such obstacles, under applicable international
trade rules.
ê 3286/94 recital 8 (adapted)
(7)       The
right of Member States to resort to this mechanism should be without prejudice
to their possibility to raise the same or similar matters through other
existing Ö Union Õ procedures,
and in particular before the committee established by Article Ö 207(3) Õ of the Treaty.
ê 3286/94 recital 9 (adapted)
(8)       Regard
should be paid to the institutional role of the committee established by
Article Ö 207(3) Õ of the Treaty
in formulating advice for the institutions of the Ö Union Õ on all issues
of commercial policy. Therefore, Ö that Õ committee should be kept informed of the development of individual
cases, in order to enable it to consider their broader policy implications.
ê 3286/94 recital 11 (adapted)
(9)       It
is appropriate to Ö provide Õ that the Ö Union Õ must act in
compliance with its international obligations and, where such obligations
result from agreements, maintain the balance of rights and obligations which it
is the purpose of those agreements to establish.
ê 3286/94 recital 12 (adapted)
(10)     It
is also appropriate to Ö provide Õ that any
measures taken under the procedures in question should also be in conformity
with the Ö Union’s Õ international
obligations, as well as being without prejudice to other measures in cases not
covered by this Regulation which might be adopted directly pursuant to Article Ö 207 Õ of the Treaty.
ê 3286/94 recital 13 (adapted)
(11)     The
rules of procedures to be followed during the examination procedure provided
for in this Regulation should also be Ö laid
down Õ, in particular
as regards the rights and obligations of the Ö Union Õ authorities
and the parties involved, and the conditions under which interested parties may
have access to information and may ask to be informed of the essential facts
and considerations resulting from the examination procedure.
ê 3286/94 recital 14 (adapted)
(12)     In
acting pursuant to this Regulation, the Ö Union Õ has to bear in
mind the need for rapid and effective action through the application of the
decision-making procedures provided for in Ö this Õ Regulation.
ê 3286/94 recital 15 (adapted)
(13)     It
is incumbent on the Commission to act in respect of obstacles to trade adopted
or maintained by third countries, within the framework of the Ö Union’s Õ international
rights and obligations, only when the interests of the Ö Union Õ call for
intervention. When assessing
such interests, the Commission should give due consideration to the views Ö of Õ all interested parties in the proceedings.
ê 37/2014
Art. 1 and Annex .4 (adapted)
(14)     The
implementation of the examination procedures provided for in Ö this Õ Regulation
requires uniform conditions for the adoption of decisions on the conduct of
those examination procedures and measures resulting therefrom. Those measures
should be adopted in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council[7].
(15)     The
advisory procedure should be used for the suspension of ongoing examinations
given the effects of such measures and their sequential logic in relation to
the adoption of measures.
(16)     The
European Parliament and the Council should be kept informed of the developments
under this Regulation, in order to enable them to consider their broader policy
implications.
(17)     Moreover,
in cases where an agreement with a third country appears to be the most
appropriate means of resolving a dispute arising from an obstacle to trade,
negotiations to this end should be conducted in accordance with the procedures
established in Article 207
of the Treaty,
ê 3286/94
(adapted)
HAVE ADOPTED THIS REGULATION:
Article 1
Ö Subject matter Õ
This Regulation Ö provides
for Union Õ procedures in
the field of the common commercial policy in order to ensure the exercise of
the Ö Union’s Õ rights under
international trade rules, in particular those established under the auspices
of the World Trade Organization Ö (‘WTO’) Õ which, subject to compliance with existing international obligations
and procedures, are aimed at:
(a)          responding to obstacles to trade
that have an effect on the market of the Ö Union Õ, with a view
to removing the injury resulting therefrom;
(b)          responding to obstacles to trade
that have an effect on the market of a third country, with a view to removing
the adverse trade effects resulting therefrom.
These procedures shall be applied in
particular to the initiation and subsequent conduct and termination of
international dispute settlement procedures in the area of common commercial
policy.
Article 2
Definitions
1. For the
purposes of this Regulation, Ö the
following definitions shall apply Õ:
(a)          ‘obstacles to trade’ Ö means Õ any trade practice
adopted or maintained by a third country in respect of which international
trade rules establish a right of action; such a right of action exists when
international trade rules either prohibit a practice outright, or give another
party affected by the practice a right to seek elimination of the effect of the
practice in question;
(b)          ‘the Ö Union’s Õ rights’ Ö means Õ those
international trade rights of which Ö the Union Õ may avail
itself under international trade rules; in this context, ‘international trade
rules’ are primarily those established under the auspices of the WTO and laid
down in the Annexes to the WTO Agreement, but they can also be those laid down
in any other agreement to which the Ö Union Õ is a party and
which sets out rules applicable to trade between the Ö Union Õ and third
countries;
(c)          ‘injury’ Ö means Õ any material
injury which an obstacle to trade causes or threatens to cause, in respect of a
product or service, to a Ö Union Õ industry on
the market of the Ö Union Õ;
(d)          ‘adverse trade effects’ Ö means Õ those Ö adverse
effects Õ which an
obstacle to trade causes or threatens to cause, in respect of a product or
service, to Ö Union Õ enterprises on the market of any third country, and which have a
material impact on the economy of the Ö Union Õ or of a region
of the Ö Union Õ, or on a
sector of economic activity therein; the fact that the complainant suffers from
such adverse effects shall not be considered sufficient to justify, on its own,
that the Ö Union Õ institutions
proceed with any action;
(e)          ‘Ö Union Õ industry’ Ö means Õ:
(i)      all Ö Union Õ producers or providers:
–              
of products or services identical or similar to
the product or service which is the subject of an obstacle to trade, or
–              
of products or services competing directly with
that product or service, or
–              
who are consumers or processors of the product
or consumers or users of the service which is the subject of an obstacle to
trade; or
(ii)     all those producers or providers whose combined output
constitutes a major proportion of total Ö Union Õ production of the products or services in question; however:
–              
when producers or providers are related to the
exporters or importers or are themselves importers of the product or service
alleged to be the subject of obstacles to trade, the term ‘Ö Union Õ industry’ may
be interpreted as referring to the rest of the producers or providers,
–              
in particular circumstances, the producers or
providers within a region of the Ö Union Õ may be regarded as the Ö Union Õ industry if
their collective output constitutes the major proportion of the output of the
product or service in question in the Member State or Member States within
which the region is located provided that the effect of the obstacle to trade
is concentrated in that Member State or those Member States;
(f)          ‘Ö Union Õ enterprise’ Ö means Õ a company or
firm formed in accordance with the law of a Member State and having its
registered office, central administration or principal place of business within
the Ö Union Õ, Ö that is Õ directly
concerned by the production of goods or the provision of services which are the
subject of the obstacle to trade;
(g)          ‘services’ Ö means Õ those services
in respect of which international agreements can be concluded by the Ö Union Õ on the basis of Article Ö 207 Õ of the Treaty.
2. For the purposes of this Regulation, the
notion of ‘providers of services’ in the context of both the term ‘Ö Union Õ industry’ as defined in paragraph 1(e), and the term ‘Ö Union Õ enterprise’ as defined in paragraph 1(f), is without prejudice to the non‑commercial nature which
the provision of any particular service may have according to the legislation
or regulation of a Member State.
Article 3
Complaint
on behalf of the Ö Union Õ industry
1. Any natural or legal person, or any
association not having legal personality, acting on behalf of a Ö Union Õ industry which
considers that it has suffered injury as a result of obstacles to trade that
have an effect on the market of the Ö Union Õ may lodge a
written complaint.
2. The complaint Ö shall Õ contain sufficient evidence of the existence of the obstacles to
trade and of the injury resulting therefrom. Evidence of injury Ö shall Õ be given on the basis of the illustrative
list of factors indicated in Article 11,
where applicable.
Article 4
Complaint
on behalf of Ö Union Õ enterprises
ê 125/2008
Art. 1 (adapted)
1. Any Ö Union Õ enterprise, or any association, having or not legal personality,
acting on behalf of one or more Ö Union Õ enterprises, which considers that such Ö Union Õ enterprises have suffered adverse trade effects as a result of
obstacles to trade that have an effect on the market of a third country may
lodge a written complaint.
ê 3286/94
(adapted)
2. The complaint Ö shall Õ contain sufficient evidence of the existence of the obstacles to
trade and of the adverse trade effects, resulting therefrom. Evidence of
adverse trade effects Ö shall Õ be given on the basis of the illustrative
list of factors indicated in Article 11,
where applicable.
Article 5
Complaint
procedures
1. The complaint Ö referred
to in Articles 3 and 4 Õ shall be submitted to the Commission, which shall send a copy
thereof to the Member States.
2. The complaint may be withdrawn, in which
case the procedure may be terminated unless such termination would not be in
the interests of the Ö Union Õ.
ê 37/2014
Art. 1 and Annex .4(1) (adapted)
3. Where it becomes apparent that the
complaint does not provide sufficient evidence to justify initiating an
investigation, the complainant shall be so informed.
The Commission shall inform the Member
States Ö where it
decides Õ that the complaint does not provide sufficient evidence to justify
initiating an investigation.
ê 3286/94
(adapted)
4. The Commission shall take a decision as
soon as possible on the opening of a Ö Union Õ examination procedure following any complaint made in accordance
with Articles 3 or 4. The
decision shall be taken within 45 days of the lodging of the complaint. Ö That Õ period may be suspended at the request, or with the agreement, of
the complainant, in order to allow the provision of complementary information
which may be needed to fully assess the validity of the complainant's case.
Article 6
Ö Request Õ by a Member State
1. Any
Member State may ask the Commission to initiate the procedures referred to in
Article 1.
2. Ö The
Member State Õ shall supply the Commission with sufficient evidence to support its
request, as regards obstacles to trade and of any effects resulting therefrom.
Where evidence of injury or of adverse trade effects is appropriate, it Ö shall Õ be given on the basis of the illustrative
list of factors indicated in Article 11,
where applicable.
3. The Commission shall notify the other
Member States of the requests without delay.
ê 37/2014
Art. 1 and Annex .4(2) (adapted)
4. Where it becomes apparent that the
request does not provide sufficient evidence to justify initiating an
investigation, the Member State shall be so informed.
The Commission shall inform the Member
States Ö where it
decides Õ that the Ö request Õ does not provide sufficient evidence to justify initiating an
investigation.
ê 3286/94
(adapted)
5. The Commission shall take a decision as
soon as possible on the opening of a Ö Union Õ examination procedure following any Ö request Õ by a Member State made in accordance with Ö this Õ Article. The
decision shall be taken within 45 days of the Ö request Õ. Ö That Õ period may be suspended at the request, or with the agreement, of
the referring Member State, in order to allow the provision of complementary
information which may be needed to fully assess the validity of the case
presented by the referring Member State.
ê 37/2014
Art. 1 and Annex .4(3) (adapted)
Article 7
Committee
procedure
1. The Commission shall be assisted by the
Trade Barriers Committee (‘the Committee’). That Committee shall be a committee
within the meaning of Regulation (EU) No 182/2011.
2. Where reference
is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.
3. Where reference is made to this paragraph,
Article 5 of Regulation
(EU) No 182/2011 shall
apply.
Ö Article 8 Õ
Ö Information
to the European
Parliament and to the Council Õ
The Commission shall refer to the European
Parliament and to the Council information provided
pursuant to this Regulation, to allow them to consider
any wider implications for the common commercial policy.
ê 3286/94
(adapted)
Article 9
Ö Union Õ examination procedure
ê 37/2014
Art. 1 and Annex .4(4) (adapted)
1. Where it is apparent to the Commission
that there is sufficient evidence to justify initiating an examination
procedure and that it is necessary in the interest of the Union, the Commission
shall:
(a)          announce the initiation of an
examination procedure in the Official Journal of the European Union;
such announcement shall indicate the product or service and the countries
concerned, give a summary of the information received, and provide that all relevant information is to be communicated to
the Commission; it shall state the period within which interested parties may
apply to be heard orally by the Commission in accordance with paragraph 5;
(b)          officially notify the
representatives of the country or countries which are the subject of the
procedure, with whom, where appropriate, consultations may be held;
(c)          conduct the examination at Union
level, acting in cooperation with the Member States.
The Commission shall inform the Member
States Ö where it decides Õ that the complaint provides sufficient evidence to justify
initiating an investigation.
ê 3286/94
(adapted)
2. Ö Where Õ necessary, the Commission shall:
(a)          seek all the information it deems
necessary and attempt to check this information with the importers, traders,
agents, producers, trade associations and organisations, provided that the
undertakings or organisations concerned give their consent;
(b)          carry out
investigations in the territory of third countries, provided that the
governments of the countries have been officially notified and Ö raised Õ no objection
within a reasonable Ö time Õ.
The Commission shall be assisted in its
investigation by officials of the Member State in whose territory the checks
are carried out, provided that the Member State in question so requests.
3. Member States shall supply the
Commission, upon request, with all information necessary for the examination,
in accordance with the detailed arrangements laid down by the Commission.
4. The
complainants and the exporters and importers concerned Ö and Õ the representatives of the country or countries concerned may:
(a)          inspect all information made
available to the Commission except for internal documents for the use of the
Commission and the administrations, provided that such information is relevant
to the protection of their interests and not confidential within the meaning of
Article 10 and that it is
used by the Commission in its examination procedure; the persons concerned
shall address a reasoned request in writing to the Commission, indicating the
information required;
(b)          ask to be
informed of the principal facts and considerations resulting from the
examination procedure.
5. The Commission may hear the parties
concerned. It shall hear them if they have, within the period prescribed in the
notice published in the Official Journal of the European Ö Union Õ, made a
written request for a hearing showing that they are a party primarily concerned
by the result of the procedure.
6. The Commission shall, on request, give the parties primarily
concerned an opportunity to meet, so that opposing views may be presented and
any rebuttal argument put forward. In providing this opportunity the Commission shall take account of the wishes of the
parties and of the need to preserve confidentiality. There shall be no
obligation on any party to attend a meeting and failure to do so shall not be
prejudicial to that party's case.
7. Ö Where Õ the information requested by the Commission is not supplied within a
reasonable time or where the investigation is significantly impeded, findings
may be made on the basis of the facts available.
8. When it has concluded its examination
the Commission shall report to the Committee. The report Ö shall Õ be presented
within five months of the announcement of initiation of the procedure, unless
the complexity of the examination is such that the Commission extends the
period to seven months.
Article 10
Confidentiality
1. Information received pursuant to this
Regulation shall be used only for the purpose for which it was requested.
ê 37/2014
Art. 1 and Annex .4(5)
2. The Commission and the Member States, including the officials of either, shall not reveal any information of a
confidential nature received pursuant to this Regulation, or any information
provided on a confidential basis by a party to an examination procedure,
without specific permission from the party submitting such information.
ê 3286/94
(adapted)
Each request for
confidential treatment shall indicate why the information is confidential and
shall be accompanied by a non-confidential summary of the information or a
statement of the reasons why the information is not susceptible of such
summary.
3. Information Ö shall Õ be considered
to be confidential if its disclosure is likely to have a significantly adverse
effect upon the supplier or the source of such information.
4. Ö Where Õ it appears that a request for confidentiality is not warranted and
if the supplier is unwilling either to make the information public or to
authorise its disclosure in generalised or summary form, the information in
question may be disregarded.
5. This Article shall not preclude the
disclosure of general information by the Ö Union Õ authorities and in particular of the reasons on which decisions
taken pursuant to this Regulation are based. Such disclosure Ö shall Õ take into account the legitimate interest of the parties concerned
that their business secrets Ö shall Õ not be divulged.
Article 11
Evidence
1. An
examination of injury shall involve, where applicable, the following factors:
(a)          the volume of Ö Union Õ imports or
exports concerned, notably where there has been a significant increase or
decrease, either in absolute terms or relative to production or consumption on
the market in question;
(b)          the prices of the Ö Union Õ industry's
competitors, in particular in order to determine whether there has been, either
in the Ö Union Õ or on third country markets, significant undercutting of the prices
of the Ö Union Õ industry;
(c)          the consequent impact on the Ö Union Õ industry and
as indicated by trends in certain economic factors such as: production,
capacity Ö utilisation Õ, stocks,
sales, market share, prices (that is depression of prices or prevention of price increases which would
normally have occurred),
profits, return on capital, investment, employment.
2. Where a
threat of injury is alleged, the Commission shall also examine whether it is
clearly foreseeable that a particular situation is likely to develop into
actual injury. In this regard, account may also be taken of factors such as:
(a)          the rate of increase of exports
to the market where the competition with Ö Union Õ products is
taking place;
(b)          export capacity in the country of
origin or export, which is already in existence or will be operational in the
foreseeable future, and the likelihood that the exports resulting from that
capacity will be to the market referred to in point (a).
3. Injury caused by other factors which,
either individually or in combination, are also adversely affecting Ö the Union Õ industry must not be attributed to the practices under
consideration.
4. Where adverse trade effects are alleged,
the Commission shall examine the impact of such adverse effects on the economy
of the Ö Union Õ or of a region of the Ö Union Õ, or on a
sector of economic activity therein. To this effect, the Commission may take
into account, where relevant, factors of the type listed in paragraphs 1 and 2. Adverse trade effects may arise, inter alia, in situations
in which trade flows concerning a product or service are prevented, impeded or
diverted as a result of any obstacle to trade, or from situations in which
obstacles to trade have materially affected the supply or inputs Ö , for example Õ parts and components or raw materials, to Ö Union Õ enterprises.
Where a threat of adverse trade effects is alleged, the Commission shall also
examine whether it is clearly foreseeable that a particular situation is likely
to develop into actual adverse trade effects.
5. The Commission shall also, in examining
evidence of adverse trade effects, have regard to the provisions, principles or
practice which govern the right of action under relevant international rules
referred to in Article 2(1)(a).
6. The Commission shall further examine any
other relevant evidence contained in the complaint or in the Ö request Õ. In this
respect, the list of factors and the indications given in paragraphs 1 to 5 are not
exhaustive, nor can one or several of such factors and indications necessarily give decisive guidance as to the existence of injury or
of adverse trade effects.
ê 37/2014
Art. 1 and Annex .4(6) (adapted)
Article 12
Termination
and suspension of the procedure
1. When it is found, as a result of the
examination procedure conducted pursuant to Article 9, that the interests
of the Union do not require any action to be taken, the procedure shall be
terminated by the Commission acting in accordance with the examination
procedure referred to in Article 7(3).
2. When, after an examination procedure
conducted pursuant to Article 9, the third country or countries concerned take(s) measures which
are considered satisfactory, and therefore no action by the Union is required,
the procedure may be suspended by the Commission acting in accordance with the
advisory procedure referred to in Article 7(2).
The Commission shall supervise the
application of Ö those Õ measures, where appropriate on the basis of information supplied at
intervals, which it may request from the third countries concerned and check as
necessary.
Where the measures taken by the third
country or countries concerned have been rescinded, suspended or improperly
implemented or where the Commission has grounds for believing this to be the
case or, where information Ö requested Õ by the Commission Ö pursuant
to Õ the second subparagraph has not been Ö provided Õ, the
Commission shall inform the Member States, and where necessary and, justified
by the results of the investigation and the new facts available, any measures
shall be taken in accordance with Article 14(2).
3. Where, either after an examination
procedure conducted pursuant to Article 9, or at any time before, during or after an international dispute
settlement procedure, it appears that the most appropriate means of resolving a
dispute arising from an obstacle to trade is the conclusion of an agreement
with the third country or countries concerned which may change the substantive
rights of the Union and of the third country or countries concerned, the
procedure shall be suspended by the Commission acting in accordance with the
advisory procedure referred to in Article 7(2), and negotiations shall be carried out in accordance with the
provisions of Article 207
of the Treaty.
ê 3286/94
(adapted)
Article 13
Adoption
of commercial policy measures
1. Where it is found, as a result of the
examination procedure, unless the factual and legal situation is such that an
examination procedure may not be required, that action is necessary in the interests of the Ö Union Õ in order to
ensure the exercise of the Ö Union’s Õ rights under international trade rules, with a view to removing the
injury or the adverse trade effects resulting from obstacles to trade adopted
or maintained by third countries, the appropriate measures shall be determined
in accordance with the procedure Ö laid
down Õ in Article 14.
2. Where the Ö Union’s Õ international
obligations require the prior discharge of an international procedure for
consultation or for the settlement of disputes, the measures referred to in
paragraph 3 shall only be decided on after that procedure has been
terminated, and taking account of the results of the procedure. In particular,
where the Ö Union Õ has requested an international dispute settlement body to indicate
and authorise the measures which are appropriate for the implementation of the
results of an international dispute settlement procedure, the Ö Union Õ commercial policy measures which may be needed in consequence of
such authorisation shall be in accordance with the recommendation of such
international dispute settlement body.
3. Any
commercial policy measures may be taken which are compatible with existing
international obligations and procedures, notably:
(a)          suspension or withdrawal of any
concession resulting from commercial policy negotiations;
(b)          the raising of existing customs
duties or the introduction of any other charge on imports;
(c)          the introduction of quantitative
restrictions or any other measures modifying import or export conditions or
otherwise affecting trade with the third country concerned.
4. The corresponding decisions shall state
the reasons on which they are based and shall be published in the Official
Journal of the European Ö Union Õ. Publication
shall also be deemed to constitute notification to the countries and parties
primarily concerned.
ê 37/2014
Art. 1 and Annex .4(7) (adapted)
Article 14
Decision-making
procedures
1. Where the Union, as a result of a
complaint pursuant to Article 3 or Article 4,
or of a Ö request Õ pursuant to Article 6, follows formal international consultation or dispute settlement
procedures, decisions relating to the initiation, conduct or termination of
such procedures shall be taken by the Commission.
The Commission shall inform the Member
States Ö where it
decides Õ to initiate, conduct or terminate formal international consultations
or dispute settlement procedures.
ê 654/2014 Art. 11
2. Where the Union, having acted in
accordance with Article 13(2),
has to take a decision on the measures of commercial policy to be adopted
pursuant to the third subparagraph of Article 12(2) or pursuant to Article 13, it shall act, without delay, in
accordance with Article 207
of the Treaty and, as appropriate, Regulation (EU) No 654/2014 of the European
Parliament and of the Council[8]
or any other applicable
procedures.
ê 37/2014
Art. 1 and Annex .4(8)
Article 15
Report
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[9].
ê 3286/94
(adapted)
Article 16
General
provisions
This Regulation shall not apply in cases
covered by other existing rules in the common commercial policy field. It shall operate by way of complement to:
(a)          the rules
establishing the common organisation of agricultural markets and their
implementing provisions, and
(b)          the specific rules adopted
pursuant to Article Ö 352 Õ of the Treaty,
applicable to goods processed from agricultural products.
It shall be without prejudice to other
measures which may be taken pursuant to Article Ö 207 Õ of the Treaty,
as well as to Ö Union Õ procedures for dealing with matters concerning obstacles to trade
raised by Member States in the committee established by Article Ö 207 Õ of the Treaty.
ê 356/1995
Art. 1 (adapted)
Article 17
Ö Repeal Õ
Regulation (EC) No Ö 3286/94 Õ is repealed.
References to the repealed Regulation shall
be construed as references to this Regulation Ö and shall be read in accordance with the correlation table in Annex II Õ.
Article 18
Entry
into force
This Regulation shall enter into force on Ö the
twentieth day following that of its publication in the Official Journal of
the European Union Õ.
ê 
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(2014) 341 final of 10.6.2014.
[2]               OJ C 102, 4.4.1996, p. 2.
[3]               OJ L 189,
27.6.2014, p. 50.
[4]               OJ C […], […], p. […].
[5]               Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures
in the field of the common commercial policy in order to ensure the exercise of
the Community's rights under international trade rules, in particular those
established under the auspices of the World Trade Organization (OJ L 349, 31.12.1994, p. 71).
[6]               See Annex I.
[7]               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).
[8]               Regulation (EU) No 654/2014
of the European Parliament and of the Council of 15 May 2014 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
laying down Community procedures in the field of the common commercial policy
in order to ensure the exercise of the Community's rights under international
trade rules, in particular those established under the auspices of the World
Trade Organization (OJ L 189, 27.6.2014, p.
50).
[9]               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).
é
ANNEX I
Repealed Regulation with list of
its successive amendments
 Council Regulation (EC) No 3286/94 (OJ L 349, 31.12.1994, p. 71) ||   || 
 || Council Regulation (EC) No 356/95 (OJ L 41, 23.2.1995, p. 3) ||   
 || Council Regulation (EC) No 125/2008 (OJ L 40, 14.2.2008, 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 4 of the Annex 
 || Regulation (EU) No 654/2014 of the European Parliament and of the Council (OJ L 189, 27.6.2014, p. 50) || Only Article 11 
_____________
ANNEX II
Correlation Table
 Regulation (EC) No 3286/94 || This Regulation 
 Article 1 || Article 1 
 Article 2(1) || Article 2(1), introductory wording and point (a) 
 Article 2(2) || Article 2(1)(b) 
 Article 2(3) || Article 2(1)(c) 
 Article 2(4) || Article 2(1)(d) 
 Article 2(5), first subparagraph, first part of the introductory wording || Article 2(1)(e), introductory wording 
 Article 2(5), first subparagraph, second part of the introductory wording || Article 2(1)(e)(i), introductory wording 
 Article 2(5), first subparagraph, first indent || Article 2(1)(e)(i), first indent 
 Article 2(5), first subparagraph, second indent || Article 2(1)(e)(i), second indent 
 Article 2(5), first subparagraph, third indent || Article 2(1)(e)(i), third indent 
 Article 2(5), second subparagraph, introductory sentence || Article 2(1)(e)(ii), introductory wording 
 Article 2(5), second subparagraph, point (a) || Article 2(1)(e)(ii), first indent 
 Article 2(5), second subparagraph, point (b) || Article 2(1)(e)(ii), second indent 
 Article 2(6) || Article 2(1)(f) 
 Article 2(7) || Article 2(2) 
 Article 2(8) || Article 2(1)(g) 
 Articles 3 to 6 || Articles 3 to 6 
 Article 7(1)(a) || Article 7(1) 
 Article 7(1)(b) || Article 7(2) 
 Article 7(1)(c) || Article 7(3) 
 Article 7(2) || Article 8 
 Article 8(1) || Article 9(1) 
 Article 8(2)(a) || Article 9(2), first subparagraph, introductory wording and point (a) 
 Article 8(2)(b) || Article 9(2), first subparagraph, introductory wording and point (b) 
 Article 8(2)(c) || Article 9(2), second subparagraph 
 Article 8(3) || Article 9(3) 
 Article 8(4)(a) || Article 9(4), first subparagraph, introductory wording and point (a) 
 Article 8(4)(b) || Article 9(4), first subparagraph, introductory wording and point (b) 
 Article 8(5) to (8) || Article 9(5) to (8) 
 Article 9(1) || Article 10(1) 
 Article 9(2)(a) || Article 10(2), first subparagraph 
 Article 9(2)(b) || Article 10(2), second subparagraph 
 Article 9(3), (4) and (5) || Article 10(3), (4) and (5) 
 Article 10 || Article 11 
 Article 11(1) || Article 12(1) 
 Article 11(2)(a) || Article 12(2), first subparagraph 
 Article 11(2)(b) || Article 12(2), second subparagraph 
 Article 11(2)(c) || Article 12(2), third subparagraph 
 Article 11(3) || Article 12(3) 
 Article 12 || Article 13 
 Article 13 || Article 14 
 Article 13a || Article 15 
 Article 15(1), first subparagraph, introductory sentences || Article 16, first paragraph, introductory sentences 
 Article 15(1), first subparagraph, first indent || Article 16, first paragraph, point (a) 
 Article 15(1), first subparagraph, second indent || Article 16, first paragraph, point (b) 
 Article 15(1), second subparagraph || Article 16, second paragraph 
 Article 15(2), first sentence || Article 17, first paragraph 
 Article 15(2), second sentence || Article 17, second paragraph 
 Article 16 || Article 18 
 ___ || Annex I 
 ___ || Annex II 
_____________