Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part
Date: 2024-01-31
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: EAEC, Moldova, Russo-Ukrainian issue, agricultural product, agricultural trade, association agreement (EU), import (EU), liberalisation of trade, originating product, tariff quota

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   EUROPEAN COMMISSION  Brussels, 31.1.2024  COM(2024) 51 final 2024/0029 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on temporary trade-liberalisation measures supplementing trade concessions applicable to products from the Republic of Moldova under the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Russia’s  unprovoked  and  unjustified  war  of  aggression  against  Ukraine  under  way  since 
24 February  2022  continues  to  have  a  profound  negative  impact  on  the  Republic  of 
Moldova’s (‘Moldova’) ability to trade with the rest of the world. Moldova has been able to 
re-orient some of its external trade towards or via the EU, in part as a result of the temporary 
trade  liberalisation  measures  that  have  been  put  in  place  by  the  EU  since  July  2022.  In 
addition,  Moldova  plays  an  important  role  in  the  functioning  of  the  EU-Ukraine  Solidarity 
Lanes,  by  facilitating  the  transit  of  Ukrainian  imports  and  exports  through  its  territory, 
including,  for  instance  through  the  implementation  of  the  Agreement  between  the  EU  and 
Moldova on the carriage of freight by road1. 

Regulation (EU) 2023/1524 of the European Parliament and of the Council of 20 July 20232 
on  temporary  trade-liberalisation  measures  supplementing  trade  concessions  applicable  to 
products from Moldova under the Association Agreement between the EU and the Republic 
of Moldova (‘the Association Agreement’) - establishing a deep and comprehensive free trade 
area  (DCFTA)  -  entered  into  force  on  25  July  2023  and  will  remain  in  force  until  24  July 
2024.  These  measures  have  provided  flexibility  and  certainty  for  Moldovan  producers  and 
have further deepened Moldova’s trade relations with the EU and supported its economy. 

However, the situation remains extremely challenging  and therefore Moldova has asked the 
EU to retain the current conditions to enable the country to continue its trade with the EU and 
with the rest of the world via the EU.  

Given  Russia’s  continued  war  of  aggression  against  Ukraine  and  the  ongoing  impact  on 
Moldova,  and  considering  that  Moldova  was  granted  EU  candidate  status  in  June  2022  and 
Accession  Negotiations  were  opened  in  December  2023,  the  Commission  proposes  a 
Regulation  of  the  European  Parliament  and  of  the  Council  that  will  renew  these  trade-
liberalisation measures for a period of one year as of the date the current measures expire (i.e. 
as  of  25  July  2024).  The  measures  should  take  the  form  of  a  temporary  suspension  of  all 
outstanding  tariffs  under  Title  V  of  the  Association  Agreement.  This  concerns  fruits  and 
vegetables subject to the entry-price system and seven agricultural products subject to tariff-
rate quotas (tomatoes, garlic, table grapes, apples, cherries, plums and grape juice).  

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2 

See  Council  Decision  (EU)  2022/1165  of  27  June  2022  on  the  signing,  on  behalf  of  the  Union,  and 
provisional application of the Agreement between the European Union and the Republic of Moldova on 
the carriage of freight by road (OJ L 181, 7.7.2022, p. 1–3) and Council Decision (EU) 2022/2417 of 5 
December  2022  on  the  conclusion,  on  behalf  of  the  European  Union,  of  the  Agreement  between  the 
European Union and the Republic of Moldova on the carriage of freight by road (OJ L 318, 12.12.2022, 
p. 1–3), as well as Decision No 2/2022 of the Joint Committee established by the Agreement between 
the  European Union and the Republic of Moldova  on the carriage of freight by road of 15 December 
2022 regarding the continuation of the Agreement (OJ L 79, 17.3.2023). 
Regulation  (EU)  2023/1524  of  the  European  Parliament  and  of  the  Council  of  20  July  2023  on 
temporary  trade  liberalisation  measures  supplementing  trade  concessions  applicable  to  products  from 
the  Republic  of  Moldova  under  the  Association  Agreement  between  the  European  Union  and  the 
European  Atomic  Energy  Community  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Moldova, of the other part (OJ L 185, 24.7.2023, p. 1). 

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These  temporary  and  exceptional  measures  will  ensure  that  the  existing  trade  flows  from 
Moldova to the EU can continue, which will support Moldova’s economy. This is in line with 
a  key  objective  of  the  Association  Agreement,  namely  to  establish  conditions  for  enhanced 
economic  and  trade  relations  leading  towards  Moldova’s  gradual  integration  in  the  EU 
internal market, and contribute to the strengthening of democracy and to political, economic 
and institutional stability in Moldova.  

The  trade-liberalisation  measures  set  out  in  this  proposal  for  a  Regulation  are  in  line  with 
Article 2  of  the  Association  Agreement  which  commits  to  respecting  democratic  principles, 
human rights and fundamental freedoms as well as to countering the proliferation of weapons 
of mass destruction, related materials and their means of delivery. In addition, under the same 
Article, the Parties commit  in  particular to  respecting the rule of law and good governance, 
the  fight  against  corruption,  criminal  activities,  organised  or  otherwise,  including  those  of 
transnational  character,  and  terrorism,  as  well  as  the  principles  of  sustainable  development 
and effective multilateralism. The trade-liberalisation measures themselves  would need, as a 
prerequisite, to respect these essential elements and general principles. 

Furthermore,  the  trade-liberalisation  measures  outlined  in  this  proposal  aim  to  ensure,  in 
accordance  with  Article  207(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU),  that  the  EU’s  common  commercial  policy  is  conducted  in  line  with  the  principles 
and  objectives  of  the  EU’s  external  action  set  out  in  Article  21  of  the  Treaty  on  European 
Union (TEU).  

According  to  the  proposal,  a  safeguard  mechanism  will  apply  on  the  basis  of  regular 
monitoring, allowing for any measure which is necessary to be imposed. 

• 

Consistency with existing policy provisions in the policy area 

These trade-liberalisation measures are consistent with the Agreement and in particular with 
Title V establishing a DCFTA, which provides that Parties will progressively establish a free 
trade  area  over  a  transitional  period  of  a  maximum  of  10  years  starting  from  the  entry  into 
force of that Agreement (Article 143 of the Agreement). 

In  addition,  Regulation  (EU)  2023/1524  has  demonstrated  the  EU’s  strong  commitment  to 
economically support Moldova by means of international trade in the context of Russia’s war 
of  aggression  against  Ukraine.  The  renewal  of  the  trade-liberalisation  measures  would  be  a 
logical development of this policy. 

• 

Consistency with other Union policies 

The  EU  has  strongly  condemned  the  Russian  aggression  against  Ukraine  and  has  taken 
significant  steps  to  support  Moldova  in  this  exceptional  situation,  including  providing 
additional  humanitarian  and  border  support,  macro-financial  assistance  and  measures  to 
facilitate trade during this challenging time. In addition, Moldova was granted EU candidate 
status  in  June  2022  and  Accession  Negotiations  were  opened  in  December  2023.  The 
proposed  Regulation  would  therefore  comply  with  the  EU’s  obligation  under  Article  21(3) 
TEU to ensure consistency between the different areas of its external action, as well as with 
Article 207(1) TFEU which provides that the common commercial policy is to be conducted 
in line with the principles and objectives of the EU’s external actions. 

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2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal basis for the proposal is Article 207(2) TFEU. 

• 

Subsidiarity (for non-exclusive competence)  

The common commercial policy, in accordance with Article 3(1)(e) TFEU, is defined as an 
exclusive EU competence. Therefore, the subsidiarity principle does not apply. 

• 

Proportionality 

This  proposal  is  necessary  to  implement  the  common  commercial  policy  and  to  support 
Moldova economically in its current difficulties, also in the area of trade with the EU. 

• 

Choice of the instrument 

This  proposal  is  based  on  Article  207(2)  TFEU  and  falls  within  the  EU’s  common 
commercial policy.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable. 

• 

Stakeholder consultations 

Not applicable. 

• 

Collection and use of expertise 

Not applicable. 

• 

Impact assessment 

To  ensure  that  the  trade-liberalisation  measures  for  Moldova  continue  after  the  expiry  of 
Regulation  (EU)  2023/1524  on  24  July  2024,  it  is  important  that  the  Regulation  enters  into 
force  on  25  July  2024.  Given  this  necessity  and  the  resulting  urgency  of  this  proposal,  no 
impact  assessment  was  carried  out  for  the  measure  at  hand.  However,  the  trade  and  trade-
related provisions of the Association Agreement have been subject to a sustainability impact 
assessment  commissioned  by  DG  Trade  and  issued  in  2012  which  fed  into  the  DCFTA 
negotiation  process.  That  study  confirmed  that  implementation  of  trade  and  trade-related 
provisions would have a positive economic impact for the EU as well as for Moldova. 

In addition, import flows under the Regulation (EU) 2023/1524 are regularly being monitored 
andreported  , in  line with Article 4 of the Regulation. The monitoring  has not  shown prima 
facie evidence of adverse effects on the Union Market. 

• 

Regulatory fitness and simplification 

The measure does not increase regulatory burden for companies.  

• 

Fundamental rights 

These measures would respect the basic principles enshrined in the Association Agreement. In 
particular, respect for democratic principles, human rights and fundamental freedoms (Article 
2 of the Association Agreement).  

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The measures would also be in accordance with the European Charter on Fundamental Rights. 

4. 

BUDGETARY IMPLICATIONS 

According  to  an  estimate  based  on  Moldova’s  imports  of  the  products  concerned  in  2021, 
which was the last year before autonomous trade measures were introduced, the EU will see a 
loss  of  customs  revenue  corresponding  to  around  EUR  0.3  million  per  year.  Therefore,  the 
impact on the EU’s own resources will be very limited.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Online reporting on the evolution of bilateral EU-Moldova trade is available on dedicated web 
pages  of  the  European  Commission  (europa.com).  Regular  monitoring  of  the  impact  of  the 
Regulation,  taking  into  account  the  information  on  exports,  imports,  prices  on  the  Union 
market and Union production of the products subject to the trade-liberalisation measures shall 
be made on a bimonthly basis. 

• 

Explanatory documents (for directives) 

Not applicable. 

• 

Detailed explanation of the specific provisions of the proposal 

In  view  of  the  crisis  situation  in  Moldova  as  a  result  of  Russia’s  war  of  aggression  against 
Ukraine,  the  Regulation  aims  to  increase  the  trade  flows  for  all  imports  from  Moldova  by 
suspending all outstanding tariffs and import duties applied to Moldovan products. The trade-
liberalising measures would be granted in the form of full suspension of import duties on all 
products. 

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2024/0029 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on temporary trade-liberalisation measures supplementing trade concessions applicable 
to products from the Republic of Moldova under the Association Agreement between 
the European Union and the European Atomic Energy Community and their Member 
States, of the one part, and the Republic of Moldova, of the other part 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Acting in accordance with the ordinary legislative procedure1, 

Whereas: 

(1) 

(2) 

(3) 

1 

2 
3 

The  Association  Agreement  between  the  European  Union  and  the  European  Atomic 
Energy  Community  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Moldova, of the other part2 (the ‘Association Agreement’) constitutes the basis of the 
relationship  between  the  Union  and  the  Republic  of  Moldova.  In  accordance  with 
Council Decision 2014/492/EU3, Title V of the Association Agreement, which relates 
to  trade  and  trade-related  matters,  has  been  applied  provisionally  since  1  September 
2014,  and  entered  into  force  on  1  July  2016  following  ratification  by  all  Member 
States.  

The  Association  Agreement  expresses  the  desire  of  the  Parties  to  the  Association 
Agreement  (the  ‘Parties’)  to  strengthen  and  widen  relations  in  an  ambitious  and 
innovative way, to facilitate and achieve gradual economic integration, and to do so in 
compliance  with  the  rights  and  obligations  arising  out  of  the  World  Trade 
Organisation membership of the Parties. 

Article 143 of the Association Agreement provides for the progressive establishment 
of  a  free  trade  area  between  the  Parties  in  accordance  with  Article  XXIV  of  the 
General  Agreement  on  Tariffs  and  Trade  1994  (‘GATT  1994’).  To  that  end,  Article 
147 of the Association Agreement provides for the progressive elimination of customs 
duties  in  accordance  with  the  Schedules  included  in  Annex  XV  to  the  Association 

Position of the European Parliament of ... (not yet published in the Official Journal) and decision of the 
Council of ... 
OJ L 260 of 30.8.2014, p. 4. 
Council  Decision  2014/492/EU  of  16  June  2014  on  the  signing,  on  behalf  of  the  European Union,  and 
provisional application of the Association Agreement between the European Union and the European Atomic 
Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part 
(OJ L 260, 30.8.2014, p. 1). 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

4 

Agreement  and  for  the  possibility  of  accelerating  and  broadening  the  scope  of  such 
elimination.  

Russia’s  unprovoked  and  unjustified  war  of  aggression  against  Ukraine  since  24 
February 2022 has had a profoundly negative impact on the ability of the Republic of 
Moldova  to  trade  with  the  rest  of  the  world,  in  particular  because  exports  from  the 
Republic  of  Moldova  relied  on  transit  via  Ukrainian  territory  and  on  Ukrainian 
infrastructure,  which  are  currently 
largely  unavailable.  Under  such  critical 
circumstances,  and  to  mitigate  the  negative  effects  on  the  Republic  of  Moldova’s 
economy  of Russia’s war of aggression against  Ukraine,  it is  necessary  to  accelerate 
the development of closer economic relations between the Union and the Republic of 
Moldova and to provide continued support to the Republic of Moldova’s economy. It 
is  therefore  necessary  and  appropriate  to  continue  to  stimulate  trade  flows  and  grant 
concessions in the form  of trade-liberalisation measures for all products,  in line with 
the acceleration of the elimination of customs duties on trade between the Union and 
the Republic of Moldova. 

In accordance with Article 21(3) of the Treaty on European Union (TEU), the Union is 
to  ensure  consistency  between  the  different  areas  of  its  external  action.  Pursuant  to 
Article  207(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  the 
common  commercial  policy  is  to  be  conducted  in  the  context  of  the  principles  and 
objectives of the Union's external action.  
Regulation  (EU)  2023/1524  of  the  European  Parliament  and  of  the  Council4  will 
expire on 24 July 2024. 

The trade-liberalisation measures established by the current Regulation should take the 
following form: (i) the suspension of the application of the entry price system to fruit 
and  vegetables;  and  (ii)  the  suspension  of  all  tariff-rate  quotas  and  import  duties. 
Through  these  measures  the  Union  will  deepen  economic  integration  between  the 
Republic  of  Moldova  and  the  Union  and  temporarily  provide  appropriate  economic 
support to the benefit of the Republic of Moldova and the economic operators that are 
affected by Russia’s war of aggression against Ukraine.  

In  order  to  prevent  fraud,  the  entitlement  to  the  trade  measures  established  by  this 
Regulation should be conditional upon the Republic of Moldova having complied with 
all  the  relevant  conditions  for  obtaining  benefits  under  the  Association  Agreement, 
including  the  rules  of  origin  of  the  products  concerned  and  the  procedures  related 
thereto,  as  well  as  the  Republic  of  Moldova's  involvement  in  close  administrative 
cooperation with the Union, as provided for by the Association Agreement. 

The  Republic  of  Moldova  should  abstain  from  introducing  new  duties  or  charges 
having  equivalent  effect  and  new  quantitative  restrictions  or  measures  having 
equivalent effect for imports originating in the Union, from increasing existing levels 
of duties or charges, or from introducing any other restrictions, unless clearly justified 
in  the  context  of  Russia’s  war  of  aggression  against  Ukraine.  In  the  event  that  the 
Republic  of  Moldova  fails  to  comply  with  any  of  those  conditions,  the  Commission 

Regulation  (EU)  2023/1524  of  the  European  Parliament  and  of  the  Council  of  20  July  2023  on 
temporary  trade  liberalisation  measures  supplementing  trade  concessions  applicable  to  products  from 
the  Republic  of  Moldova  under  the  Association  Agreement  between  the  European  Union  and  the 
European  Atomic  Energy  Community  and  their  Member  States,  of  the  one  part,  and  the  Republic  of 
Moldova, of the other part (OJ L 185, 24.7.2023, p. 1). 

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should  be  empowered  to  suspend  temporarily  all  or  part  of  the  trade  measures 
established by this Regulation.  

(10)  Article 2 of the Association Agreement provides that, among other things, respect for 
democratic  principles,  human  rights  and  fundamental  freedoms  as  well  as  the 
countering  of the proliferation of weapons of mass  destruction, related materials and 
their  means  of  delivery  constitute  essential  elements  of  the  Association  Agreement. 
Under  the  same  Article,  the  Parties  commit  in  particular  to  the  following  general 
principles: respect for the principles of the rule of law and good governance, the fight 
against  corruption,  criminal  activities,  organised  or  otherwise,  including  those  of 
transnational character, and terrorism, and the respect for the principles of sustainable 
development and effective multilateralism. It is appropriate to introduce the possibility 
of  temporarily  suspending  the  trade-liberalisation  measures  provided  for  in  this 
Regulation if the Republic of Moldova fails to respect either those essential elements 
or those general principles.  

(11)  Subject to an assessment by the Commission carried out in the context of the regular 
monitoring  of  the  impact  of  this  Regulation  and  launched  either  following  a  duly 
substantiated request from a Member State or on the Commission’s own initiative, it is 
necessary to provide for the possibility to take any necessary measures for imports of 
any products falling under the scope of this Regulation which are adversely affecting 
the Union market  or the market  of one or several  Member States  for like or directly 
competing products. 

(12) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission to temporarily suspend 
the trade-liberalisation  measures  provided for in this Regulation  if the conditions  for 
entitlement  to  those  preferential  arrangements  are  no  longer  complied  with  and  to 
introduce safeguards in cases where the Union market or the market of one or several 
Member  States  of  like  or  directly  competing  products  are  adversely  affected  by 
imports under this Regulation. Those powers should be exercised in accordance with 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council5. 
Advisory  procedure  should  be  used  for  the  adoption  of  provisional  safeguard 
measures, given the effects and nature of those measures and their sequential logic in 
relation to the adoption of definitive safeguard measures. 

(13)  The  Commission's  annual  report  on 

the  Deep  and 
Comprehensive  Free  Trade  Area,  which  is  an  integral  part  of  the  Association 
Agreement,  should  include  a  detailed  assessment  of  the  implementation  of  the  trade 
liberalisation measures established by this Regulation. 

implementation  of 

the 

(14) 

In view of the urgency of the matter related to the situation caused by Russia’s war of 
aggression against Ukraine, it is considered appropriate to invoke the exception to the 
eight-week period provided for in  Article 4 of  Protocol  No 1 on the  role of national 
Parliaments  in  the  European  Union,  annexed  to  the  TEU,  to  the  TFEU  and  to  the 
Treaty establishing the European Atomic Energy Community. 

5 

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). 

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(15) 

In  light  of  the  economic  situation  in  the  Republic  of  Moldova  and  of  the  expiry  of 
Regulation  (EU) 2023/1524  on 24 July 2024, this  Regulation  should enter into force 
on 25 July 2024, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Trade-liberalisation measures 

The following trade-liberalisation measures are introduced: 

(a) 

(b) 

all  the  tariff-rate  quotas  established  under  Annex  XV-A  to  the  Association 
Agreement  shall  be  suspended  and  the  products  covered  by  those  quotas  shall  be 
admitted for importation into the Union from the Republic of Moldova without any 
customs duties; 

the  application  of  the  entry  price  system  shall  be  suspended  for  those  products  to 
which  it  applies  as  specified  in  Annex  XV-B  to  the  Association  Agreement;  no 
customs duties shall apply to imports of those products. 

Conditions for entitlement to the trade-liberalisation measures 

Article 2 

The  trade-liberalisation  measures  provided  for  in  Article  1  shall  be  subject  to  the  following 
conditions: 

(a) 

(b) 

(c) 

1. 

compliance by the Republic of Moldova with the rules of origin of products and the 
procedures related thereto, as provided for in the Association Agreement;  

the Republic of Moldova abstaining from introducing new duties or charges having 
equivalent  effect  and  new  quantitative  restrictions  or  measures  having  equivalent 
effect for imports originating in the Union, from increasing existing levels of duties 
or  charges  or  from  introducing  any  other  restrictions,  including  discriminatory 
internal  administrative  measures,  unless  clearly  justified  in  the  context  of  Russia’s 
war of aggression against Ukraine; and 

the  Republic  of  Moldova  respecting  democratic  principles,  human  rights  and 
fundamental  freedoms  as  well  as  the  countering  of  the  proliferation  of  weapons  of 
mass  destruction,  related  materials  and  their  means  of  delivery,  respect  for  the 
principles  of  the  rule  of  law  and  good  governance,  the  fight  against  corruption, 
criminal activities, organised or otherwise, including those of transnational character, 
and terrorism, and respecting the principles of sustainable development and effective 
multilateralism provided for in Articles 2, 9 and 16 of the Association Agreement. 

Article 3 

Temporary suspension of measures 

Where  the  Commission  finds  that  there  is  sufficient  evidence  of  a  failure  by  the 
Republic of Moldova to comply with the conditions set out in  Article 2, it may, by 
means  of  an  implementing  act,  suspend  in  whole  or  in  part  the  trade-liberalisation 
measures provided for in this Regulation. That implementing act shall be adopted in 
accordance with the examination procedure referred to in Article 5(3). 

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2. 

1. 

2. 

3. 

4. 

Where  a  Member State  requests  that  the  Commission  suspend  any  of  the  trade-
liberalisation measures provided for in this Regulation on the basis of a failure by the 
Republic of Moldova to comply with the conditions set out in Article 2, point (b), the 
Commission shall provide a reasoned opinion within four months of  the request on 
whether the claim of the Republic of Moldova’s failure to comply is substantiated. If 
the  Commission  concludes  that  the  claim  is  substantiated,  it  shall  initiate  the 
procedure referred to in paragraph 1 of this Article. 

Article 4 

Safeguard measures 

If a product covered by Article 1 originating in the Republic of Moldova is imported 
under  conditions  which  adversely  affect  the  Union  market  or  the  market  of  one  or 
several Member States for like or directly competing products, the Commission may 
impose  any  measure  which  is  necessary  by  means  of  an  implementing  act.  That 
implementing  act  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 5(3). 

These measures may be imposed for as long as necessary to counteract the adverse 
effects on the Union market or the market of one or several Member States for like or 
directly competing products. 

The  Commission  shall  regularly  monitor  the  impact  of  this  Regulation,  taking  into 
account  the  information  on  exports,  imports,  prices  on  the  Union  market  or  the 
market  of  one  or  several  Member  States  and  Union  production  of  the  products 
subject to the trade-liberalisation measures under Article 1, point (a). 

The  Commission  shall  inform  the  Member  States  of  the  results  of  the  regular 
monitoring every two months, starting from the entry into force of this Regulation. 

The Commission shall carry out an assessment of the situation of the Union market 
or  the  market  of  one  or  several  Member  States  for  like  or  directly  competing 
products to impose measures in accordance with paragraph 1. That assessment shall 
be launched: 

(a) 

following  a  duly  substantiated  request  from  a  Member  State  including 
sufficient  prima  facie  evidence  reasonably  available  to  that  Member  State 
pursuant to paragraph 4 of imports adversely affecting the market referred to in 
paragraph 1, or 

(b)  on its own initiative, after it has become apparent to the Commission that there 
is sufficient prima facie evidence of imports adversely affecting the market that 
is referred to in paragraph 1. 

The assessment referred to  in  the first  subparagraph shall be concluded  within four 
months of its launch. 

In  carrying  out  the  assessment  pursuant  to  paragraph  3,  the  Commission  shall  take 
into  consideration  all  relevant  market  developments,  including  the  impact  of  the 
imports  concerned  on  the  situation  of  the  Union  market  or  the  market  of  one  or 
several Member States for like or directly competing products. That assessment shall 
include factors such as: 

(a) 

the rate and amount of the increase in imports from the Republic of Moldova of 
the product concerned in absolute and relative terms, 

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(b) 

the  effect  of  the  imports  concerned  on  production  and  prices  in  the  Union  or 
the 
one  or  several  Member  States,  whilst 
development of imports from other sources. 

into  consideration 

taking 

This  list  is  not  exhaustive  and  other  relevant  factors  may  also  be  taken  into 
consideration. 

In critical circumstances where delay would cause damage that would be difficult to 
repair,  the  Commission  may  provisionally  impose  any  measure  which  is  necessary 
by means of an implementing act. Such measures may only be imposed upon a duly 
substantiated request from a Member State pursuant to paragraph 3(a) of this Article 
and  shall  be  adopted  within  21  days  after  the  request  has  been  received.  The 
implementing  act  shall  be  adopted  in  accordance  with  the  advisory  procedure 
referred to in Article 5(4). The duration of a provisional safeguard measure shall not 
exceed 120 days. 

Where,  as  a  result  of  the  assessment  referred  to  in  paragraph  3,  the  Commission 
considers that the Union market or the market of one or  several Member States for 
like  or  directly  competing  products  has  been  adversely  affected  and  intends  to 
impose a definitive measure pursuant to paragraph 1, it shall publish a notice in the 
Official  Journal  of  the  European  Union  announcing  the  introduction  of  such 
measures. The notice shall provide a summary of the main results of the assessment 
and  specify  the  period  within  which  interested  parties  may  submit  their  views  in 
writing.  Such  period  shall  not  exceed  10  days  from  the  date  of  publication  of  the 
notice. 

If  the  Commission  imposes  a  measure  pursuant  to  paragraph  1  or  5  which 
reintroduces  a  tariff  rate  quota  suspended  by  Article  1,  point  (a),  the  quantity 
imported  during  the  calendar  year  the  Commission  imposes  that  measure  shall  be 
taken into account in the management of that tariff rate quota.  

Article 5 

Committee procedure 

The  Commission  shall  be  assisted  by  the  Customs  Code  Committee  established  by 
Article 285(1)  of  Regulation  (EU)  No 952/2013  of  the  European  Parliament  and  of 
the Council6 with regard to Article 3(1) of this Regulation. That Committee shall be a 
committee within the meaning of Regulation (EU) No 182/2011. 

The  Commission  shall  be  assisted  by  the  Committee  on  Safeguards  established  by 
Article  3(1)  of  Regulation  (EU)  2015/478  of  the  European  Parliament  and  of  the 
Council  with  regard  to  Article  4(1)  of  this  Regulation.  That  Committee  shall  be  a 
committee within the meaning of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  4  of  Regulation  (EU)  No 
182/2011 shall apply. 

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down 
the Union Customs Code (OJ L 269, 10.10.2013, p. 1). 

5. 

6. 

7. 

1. 

2. 

3. 

4. 

6 

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Article 6 

Assessment of the implementation of the trade-liberalisation measures 

The Commission's annual report on the implementation of the Deep and Comprehensive Free 
Trade  Area  shall  include  a  detailed  assessment  of  the  implementation  of  the  trade-
liberalisation  measures  provided  for  in  this  Regulation  and  shall  include,  insofar  as 
appropriate, an assessment of the social impact of those measures in the Republic of Moldova 
and in the Union. Information on the imports of products under Article 1, point (a), shall be 
made available via the website of the Commission and shall be updated on a monthly basis. 

Article 7 

Entry into force and application 

This Regulation shall enter into force on 25 July 2024. 

It shall apply until 24 July 2025. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President

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LEGISLATIVE FINANCIAL STATEMENT FOR PROPOSALS HAVING A 
BUDGETARY IMPACT EXCLUSIVELY LIMITED TO THE REVENUE SIDE 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
temporary trade-liberalisation measures supplementing trade concessions applicable 
to  Moldovan  products  under  the  Association  Agreement  between  the  European 
Union and the European Atomic Energy Community and their Member States, of the 
one part, and the Republic of Moldova, of the other part. 

2. 

BUDGET LINES: 

Chapter 12, Article 120 

Amount budgeted for the year 2024: 24 620 400 000 € 

3. 

FINANCIAL IMPACT  

 

Proposal has no financial implications 

Proposal has no financial impact on expenditure but has a financial impact on 

X 
revenue – the effect is as follows: 

Budget line 

Revenue  

Period: part of 2024 - part of 
2025* 

(EUR million to one decimal 
place) 

Article 120 Chapter 121 

Impact on own 
resources 

0.3 

Total  

* One-year period since entry into force of the regulation 

The calculations are based on 2021 import volumes of the  products  covered by the 
proposed Regulation in excess of the annual duty-free quota. 2021 was the last year 
before autonomous trade measures were introduced. 

Based on the above calculations the loss of traditional own resources revenue from 
the proposed Regulation is estimated at EUR 0.366 million (gross amount, including 
collection costs) x 0,75 = EUR 0.274 million for the period in question. 

4. 

ANTI-FRAUD MEASURES 

In order to  prevent fraud, the entitlement to  the trade measures  established by  the proposed 
Regulation  should  be  conditional  upon  Moldova  having  complied  with  all  the  relevant 

1 

Regarding  traditional  own  resources  (agricultural  duties,  sugar  levies,  customs  duties)  the  amounts 
indicated must be net amounts, i.e. gross amounts after deduction of 25 % of collection costs. 

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conditions  for  obtaining  benefits  under  the  Association  Agreement,  including  the  rules  of 
origin  of  products  concerned  and  the  procedures  related  thereto,  as  well  as  Moldova's 
involvement  in  close  administrative  cooperation  with  the  Union,  as  provided  for  by  the 
Association Agreement. 

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