REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2016/1076 of the European Parliament and the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, economic partnership agreements (formerly known as the Market Access Regulation)
Date: 2020-01-14
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: ACP countries, European Commission, cooperation agreement (EU), delegated legislation, economic cooperation, import (EU), market access, originating product, powers of the institutions (EU), transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 14.1.2020  COM(2020) 7 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) 2016/1076 of the European Parliament and the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, economic partnership agreements (formerly known as the Market Access Regulation)  
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission 
pursuant to Regulation (EU) 2016/1076 of the European Parliament and the Council of 8 
June 2016 applying the arrangements for products originating in certain states which 
are part of the African, Caribbean and Pacific (ACP) Group of States provided for in 
agreements establishing, or leading to the establishment of, economic partnership 
agreements (formerly known as the Market Access Regulation) 

I. 

Introduction 

Regulation (EC) No 1528/2007 (the so-called Market Access Regulation) was established to 
govern the EU import regime for African, Caribbean and Pacific countries that had negotiated 
Economic  Partnership  Agreements  (EPAs).  These  countries  were  listed  in  Annex  I  to  that 
Regulation. 

By  May  2013,  Botswana,  Cameroon,  Côte  d'Ivoire,  Fiji,  Ghana,  Kenya,  Namibia  and 
Eswatini  had  not  taken  the  necessary  steps  towards  ratification  of  their  respective  EPAs. 
Consequently,  in  accordance  with  Article  2(3)  of  Regulation  (EC)  No  1528/2007,  and  in 
particular  point  (b)  thereof,  Annex  I  to  that  Regulation  was  amended  to  remove  these 
countries.  By  Regulation  (EU)  No  527/2013  of  21  May  2013,  those  countries  ceased  to  be 
covered by the market access arrangement permitted under Regulation (EC) No 1528/2007, as 
from 1 October 2014. 

Regulation (EU) No 527/2013 also amended Regulation (EC) No 1528/2007 by delegating to 
the  Commission  the  power  to  adopt  delegated  acts  in  accordance  with  Article  290  of  the 
Treaty on the Functioning of the European Union. The Commission was empowered to adopt 
delegated  acts  to  adapt  Annex  I  to  the  Market  Access  Regulation  so  as  to  reinstate  ACP 
countries as soon as they had concluded EPA negotiations with the EU. 

By  July  2014,  having  concluded  negotiations  and  having  taken  the  necessary  steps  towards 
ratification  of  their  agreements,  Botswana,  Cameroon,  Côte  d'Ivoire,  Fiji,  Ghana,  Namibia 
and  Eswatini  were  reinstated  in  Annex  I  to  the  Market  Access  Regulation  by  delegated 
Regulations (EU) No 1025/2014, 1026/2014 and 1027/2014 of 25 July 2014, and Kenya by 
delegated Regulation (EU) No 1387/2014 of 14 November 2014. 

Having been substantially amended several times, the Market Access Regulation was recast in 
the  interest  of  clarity  under  Regulation  (EU)  2016/1076  of  8  June  2016  (hereinafter  "the 
Regulation").  Furthermore,  the  Regulation  empowered  the  Commission  to  adopt  delegated 
acts: 

 

 
 

to amend Annex I in order to add regions or states which have concluded negotiations 
on  an  agreement  so  that  they  can  notably  be  subject  to  the  safeguard  mechanism 
foreseen under the Regulation (Article 2(2)); 
to amend Annex I in order to remove regions or states from that Annex (Article 2(3)); 
to  reinstal  those regions  or states  which were removed from  Annex I  by Regulation 
(EU)  No  527/2013  and  which  have,  since  such  removal,  taken  the  necessary  steps 
towards ratification of their respective agreements (Article 3); 

1 

 
 
 

 

 

to  add  an  annex  setting  out  the  regime  applicable  to  products  originating  in  South 
Africa (Article 4(3)); 
to  technically  amend  Annex  II  (Rules  of  origin)  where  required  to  take  account  of 
amendments to other Union customs legislation (Article 5(3)); and 
 to  amend  Article  6  (Administrative  cooperation)  and  Articles  9  to  20  (General 
safeguard  provisions)  which  may  be  required  as  a  result  of  differences  between  the 
regulation  and  agreements  signed  with  provisional  application  or  concluded  in 
accordance  with  Article  218  TFEU  with  the  regions  or  states  listed  in  Annex  I 
(Article 21). 

The  power  to  adopt  delegated  acts  has  been  conferred  on  the  Commission  subject  to  the 
conditions laid down in Article 22 of the Regulation. 

Lesotho,  Mozambique,  Samoa  and  South  Africa,  having  taken  the  necessary  steps  towards 
ratification of their respective EPAs in the period under review, were included in Annex I to 
the Regulation by delegated Regulations (EU) 2017/1550 and 2017/1551 of 14 July 2017 and 
2019/821 of 12 March 2019. 

II. 

Legal Basis 

Pursuant  to  Article  22(2)  of  Regulation  (EU)  2016/1076,  the  power  to  adopt  delegated  acts 
referred to in Article 3 of that Regulation is conferred on the Commission for a period of five 
years from 21 June 2013. The power to  adopt  delegated  acts  referred to  in  Article 2(2)  and 
(3), Article 4(3), Article 5(3) and Article 21 of Regulation (EU) 2016/1076 is conferred on the 
Commission for a period of five years from 20 February 2014. The delegation of power shall 
be tacitly extended for periods of identical duration. 

Article 22(2) of Regulation (EU) 2016/1076 asked the Commission to draw up a report to the 
Council and the European Parliament in respect of the delegation of power.  

III. 

Exercise of the Delegation 

A. 

Procedural aspects 

Under  Article  22(4)  of  Regulation  (EU)  2016/1076,  before  adopting  a  delegated  act,  the 
Commission  shall  consult  experts  designated  by  each  Member  State  in  accordance  with  the 
principles  laid  down  in  the  Interinstitutional  Agreement  of  13  April  2016  on  Better  Law-
Making. For each of the delegated acts, the Commission duly consulted Member State experts 
through  meetings  or  by  written  procedure.  In  parallel,  the  Commission  also  informed  the 
European  Parliament.  In  accordance  with  Article  22(5)  of  the  Regulation,  the  Commission 
notified the delegated acts simultaneously to the European Parliament and to the Council as 
soon as it adopted them. 

B. 
force as follows: 

Since  21  May  2013,  seven  (7)  delegated  acts  were  adopted  and  entered  into 

1.  Delegated  acts  referred  to  in  Article  3  of  Regulation  (EU)  2016/1076  (reinstating  ACP 
regions  or  states  removed  from  the  Market  Access  Regulation  by  Regulation  (EU)  No 
527/2013): 

  COMMISSION  DELEGATED  REGULATION  (EU)  No  1025/2014  of  25  July 
2014  amending  Annex  I  to  Council  Regulation  (EC)  No  1528/2007  amending 

2 

 
 
 
 
Annex I to Council Regulation (EC) No 1528/2007 applying the arrangements for 
products  originating  in  certain  states  which  are  part  of  the  African,  Caribbean 
and  Pacific  (ACP)  Group  of  States  provided  for  in  agreements  establishing,  or 
leading to the establishment of, Economic Partnership Agreements, as amended 
by Regulation (EU) No 38/2014  of the European Parliament and of the Council 
amending  certain  regulations  relating  to  the  common  commercial  policy  as 
regards the granting  of delegated and implementing  powers for the adoption  of 
certain measures 

Having  concluded  EPA  negotiations,  Botswana,  Côte  d'Ivoire,  Ghana,  Namibia  and 
Eswatini were reinserted in Annex I to Regulation (EC) No 1528/2007 from 1 October 
2014. 

  COMMISSION  DELEGATED  REGULATION  (EU)  No  1026/2014  of  25  July 
2014  amending  Annex I  to  Council  Regulation  (EC)  No  1528/2007  applying  the 
arrangements  for  products  originating  in  certain  states  which  are  part  of  the 
African,  Caribbean  and  Pacific  (ACP)  Group  of  States  provided  for  in 
agreements  establishing,  or 
leading  to  the  establishment  of,  Economic 
Partnership  Agreements,  as  amended  by  Regulation  (EU)  No  527/2013  of  the 
European Parliament and of the Council as regards the exclusion of a number of 
countries from the list of regions or states which have concluded negotiations 

Having taken the necessary steps towards ratification of its EPA, Fiji was reinserted in 
Annex I to Regulation (EC) No 1528/2007 from 1 October 2014. 

CORRIGENDUM  TO  COMMISSION  DELEGATED  REGULATION  (EU)  No 
1026/2014 OF 25 JULY 2014 amending Annex I to Council Regulation (EC) No 
1528/2007  applying  the  arrangements  for  products  originating  in  certain  states 
which  are  part  of  the  African,  Caribbean  and  Pacific  (ACP)  Group  of  States 
provided  for  in  agreements  establishing,  or  leading  to  the  establishment  of, 
Economic Partnership Agreements, as amended by Regulation (EU) No 527/2013 
of  the  European  Parliament  and  of  the  Council  of  21  May  2013  as  regards  the 
exclusion of a number of countries from the list of regions or states which have 
concluded negotiations 

 ‘The Republic of the Fiji Islands’ was replaced by ‘The Republic of Fiji’. 

  COMMISSION  DELEGATED  REGULATION  (EU)  No  1027/2014  of  25  July 
2014  amending  Annex I  to  Council  Regulation  (EC)  No  1528/2007  applying  the 
arrangements  for  products  originating  in  certain  states  which  are  part  of  the 
African,  Caribbean  and  Pacific  (ACP)  Group  of  States  provided  for  in 
leading  to  the  establishment  of,  Economic 
agreements  establishing,  or 
Partnership  Agreements,  as  amended  by  Regulation  (EU)  No  527/2013  of  the 
European Parliament and of the Council as regards the exclusion of a number of 
countries from the list of regions or states which have concluded negotiations 

Having  taken  the  necessary  steps  towards  ratification  of  its  EPA,  Cameroon  was 
reinserted in Annex I to Regulation (EC) No 1528/2007 from 1 October 2014. 

  COMMISSION  DELEGATED  REGULATION  (EU)  No  1387/2014  of  14 
November  2014  amending  Annex  I    to  Council  Regulation  (EC)  No  1528/2007 

3 

 
 
 
applying  the  arrangements  for  products  originating  in  certain  states  which  are 
part of the African, Caribbean and Pacific (ACP) Group of States provided for in 
agreements  establishing,  or 
leading  to  the  establishment  of,  Economic 
Partnership Agreements 

Kenya, the European Union and its Member States concluded EPA negotiations on 16 
October 2014. Kenya was reinserted in Annex I to Regulation (EC) No 1528/2007.  

2.  Delegated  acts  referred  to  in  Article  4(3)  of  Regulation  (EU)  2016/1076  (regime 

applicable to products originating in South Africa): 

  COMMISSION  DELEGATED  REGULATION  (EU)  2017/1550  of  14  July  2017 
adding an Annex to Regulation (EU) 2016/1076 of the European Parliament and 
of  the  Council  applying  the  arrangements  for  products  originating  in  certain 
states  which  are  part  of  the  African,  Caribbean  and  Pacific  (ACP)  Group  of 
States provided for in agreements establishing, or leading to the establishment of, 
Economic Partnership Agreements 

Following  ratification  of  the  SADC  EPA,  Annex  V  setting  out  the  market  access 
regime  applicable  to  the  importation  into  the  EU  of  products  originating  in  South 
Africa was added to Regulation (EU) 2016/1076. 

3.  Delegated  acts  referred  to  in  Article  2(2)  of  Regulation  (EU)  2016/1076  (adding  ACP 

regions or states having concluded EPA negotiations): 

  COMMISSION  DELEGATED  REGULATION  (EU)  2017/1551  of  14  July  2017 
amending Annex I to Regulation (EU) 2016/1076 of the European Parliament and 
of  the  Council  applying  the  arrangements  for  products  originating  in  certain 
states  which  are  part  of  the  African,  Caribbean  and  Pacific  (ACP)  Group  of 
States provided for in agreements establishing, or leading to the establishment of, 
Economic Partnership Agreements 

Having  ratified  their  EPA,  Lesotho  and  Mozambique  were  inserted  into  Annex  I  to 
Regulation (EU) 2016/1076. 

  COMMISSION DELEGATED REGULATION (EU) 2019/821 of 12 March 2019 
amending  Regulation  (EU)  2016/1076  of  the  European  Parliament  and  of  the 
Council in order to include the Independent State of Samoa in Annex I 

Following Samoa's deposition of its Act of Accession to the EU-Pacific EPA, Samoa 
was inserted in Annex I to Regulation (EU) 2016/1076. 

IV. 

Conclusions 

The Commission invites the European Parliament and the Council to take note of this report 
in  the  context  of  the  proper  exercise  by  the  Commission  of  the  power  delegated  by  the 
Regulation. 

4