Source: EURLEX
Language: en
Format: md

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| 10.6.2016 | EN | Official Journal of the European Union | C 208/493 |

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P7\_TA(2013)0439

Application and enforcement of international trade rules \*\*\*I

Amendments adopted by the European Parliament on 23 October 2013 on the proposal for a regulation of the European Parliament and of the Council concerning the exercise of the Union's rights for the application and enforcement of international trade rules (COM(2012)0773 — C7-0415/2012 — 2012/0359(COD))[(1)](#ntr1-C_2016208EN.01049301-E0001)

(Ordinary legislative procedure: first reading)

(2016/C 208/24)

Amendment 1

Proposal for a regulation

Title

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

Amendment 2

Proposal for a regulation

Recital 2

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (2) | It is essential that the Union possesses appropriate instruments to ensure the effective exercise of the Union's rights under international trade agreements, in order to safeguard its economic interests. This is particularly the case in situations where third countries enact trade restrictive measures that diminish the benefits accruing to the Union's economic operators under international trade agreements. The Union should be in a position to react swiftly and in a flexible manner in the context of the procedures and deadlines set out by the international trade agreements which it has concluded. The Union should therefore adopt legislation defining the framework for exercising the Union's rights in certain specific situations. | | |  |  | | --- | --- | | (2) | It is essential that the Union possesses appropriate instruments to ensure the effective exercise of the Union's rights under international trade agreements, in order to safeguard its economic interests. This is particularly the case in situations where third countries enact trade restrictive measures that diminish the benefits accruing to the Union's economic operators under international trade agreements. The Union should be in a position to react swiftly and in a flexible manner in the context of the procedures and deadlines set out by the international trade agreements which it has concluded. The Union should therefore adopt legislation defining the framework for exercising the Union's rights in certain specific situations , and provide adequate resources to ensure that the resources available are efficiently used for those instruments . | |

Amendment 3

Proposal for a regulation

Recital 2 a (new)

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| Text proposed by the Commission | Amendment |
|  | |  |  | | --- | --- | | (2a) | The measures aimed at ensuring the effective exercise of the Union's rights should be so selected as to take into account their capacity to encourage the third countries concerned to respect not only the rules of international trade but also their capacity to bring relief to those economic operators and Member States that have been most affected by the trade restrictive measures taken by third countries. The measures taken pursuant to this Regulation should not restrict the Union’s access to raw materials vital to European industries. | |

Amendment 4

Proposal for a regulation

Recital 3

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (3) | The WTO and other, including regional or bilateral, dispute settlement mechanisms aim at finding a positive solution to any disputes arising between the Union and the other party or parties to those agreements. The Union should, nevertheless, suspend concessions or other obligations, in accordance with those dispute settlement rules, when other avenues to find a positive solution to a dispute have proven unsuccessful. Action by the Union in such cases serves the purpose of inducing compliance of the third country concerned with the relevant international trade rules, in order to restore a situation of reciprocal benefits. | | |  |  | | --- | --- | | (3) | The WTO and other, including regional or bilateral, dispute settlement mechanisms aim at finding a positive solution to any disputes arising between the Union and the other party or parties to those agreements. The Union should, nevertheless, suspend concessions or other obligations, in accordance with those dispute settlement rules, when other avenues to find a positive solution to a dispute have proven unsuccessful. Action by the Union in such cases serves the purpose of inducing compliance of the third country concerned with the relevant international trade rules, in order to restore a situation of reciprocal benefits.  The Union should always use the most efficient dispute settlement mechanism available. | |

Amendment 5

Proposal for a regulation

Recital 4

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (4) | Under the WTO Agreement on Safeguards, a WTO member proposing to apply a safeguard measure or seeking the extension of a safeguard measure should endeavour to maintain a substantially equivalent level of concessions and other obligations between it and the exporting members, which would be adversely affected by such a safeguard measure. Similar rules apply in the context of other, including regional or bilateral international trade agreements concluded by the Union. The Union should take rebalancing measures by suspending concessions or other obligations in cases where the third country concerned implements no  satisfactory  adjustments. Action by the Union in such cases serves the purpose of inducing the introduction of trade-enhancing measures by third countries in order to restore a situation of reciprocal benefits. | | |  |  | | --- | --- | | (4) | Under the WTO Agreement on Safeguards, a WTO member proposing to apply a safeguard measure or seeking the extension of a safeguard measure should endeavour to maintain a substantially equivalent level of concessions and other obligations between it and the exporting members, which would be adversely affected by such a safeguard measure. Similar rules apply in the context of other, including regional or bilateral international trade agreements concluded by the Union. The Union should take rebalancing measures by suspending concessions or other obligations in cases where the third country concerned implements no  adequate and proportionate  adjustments. Action by the Union in such cases serves the purpose of inducing the introduction of trade-enhancing measures by third countries in order to restore a situation of reciprocal benefits. | |

Amendment 6

Proposal for a regulation

Recital 5

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (5) | Article XXVIII of the GATT 1994 and the related Understanding govern the modification or withdrawal of concessions established in the tariff schedules of WTO Members. WTO members affected by any such modification are entitled, under certain conditions, to withdraw substantially equivalent concessions. The Union should adopt rebalancing measures in such cases, unless compensatory adjustments are agreed. Action by the Union would be aimed at inducing third countries to implement  trade-enhancing  measures. | | |  |  | | --- | --- | | (5) | Article XXVIII of the GATT 1994 and the related Understanding  and Article XXI of the General Agreement on Trade in Services (GATS) and related procedures for its implementation  govern the modification or withdrawal of concessions  and commitments  established in the tariff schedules  and the schedule of specific commitments  of WTO Members. WTO members affected by any such modification are entitled, under certain conditions, to withdraw substantially equivalent concessions  or commitments . The Union should adopt rebalancing measures in such cases, unless compensatory adjustments are agreed. Action by the Union would be aimed at inducing third countries to implement measures  restoring reciprocal advantages and enhancing trade . | |

Amendment 7

Proposal for a regulation

Recital 6

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (6) | The  Union  should have  the possibility to enforce its rights in the area of government procurement  in view of the fact that  the WTO Agreement on Government Procurement  states that any dispute arising thereunder shall not result in the suspension of concessions or other obligations under any other covered agreement of the WTO. | | |  |  | | --- | --- | | (6) | It is essential for the  Union  to have  the possibility to  swiftly  enforce its rights in the area of government procurement  when a party fails to respect its commitments under  the WTO Agreement on Government Procurement  or under any bilateral or regional binding agreements. The Union's action should be aimed at ensuring the maintenance of a substantially equivalent level of concessions in the field of government procurement. | |

Amendment 8

Proposal for a regulation

Recital 7

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (7) | This Regulation should  focus on those measures where  the Union  has experience in their design and application;  the possibility to extend  the  scope  of this Regulation to the sectors of services and  intellectual property rights should be  assessed in due time with regard to the specificities of each area. | | |  |  | | --- | --- | | (7) | This Regulation should  make it possible for the Union  to establish a complete and effective framework to enable measures to be taken without delay. However,  the possibility to extend  its  scope  with new measures covering new trade areas, such as  intellectual property rights, should be  considered as part of a study carried out at the same time as the evaluation report on the functioning of this Regulation referred to in Article 10, and should be presented to the European Parliament . | |

Amendment 9

Proposal for a regulation

Recital 9

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (9) | The Commission should evaluate the functioning of this Regulation no later than  three  years after the first instance of  its implementation  with a view to assessing and, if necessary, improving its efficiency. | | |  |  | | --- | --- | | (9) | The Commission should evaluate the functioning of this Regulation no later than  five  years after the first instance of  adoption of an implementing act under this Regulation  with a view to assessing its implementation and, if necessary, improving its efficiency.  The Commission should include in its reports on the Europe 2020 Strategy an analysis of the relevance of this Regulation, particularly as regards its ability to remove barriers to trade. | |

Amendment 10

Proposal for a regulation

Recital 9 a (new)

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| Text proposed by the Commission | Amendment |
|  | |  |  | | --- | --- | | (9a) | The Commission should regularly inform the European Parliament when it intends to implement commercial policy measures pursuant to this Regulation. That information should entail a detailed description of the specific case and of the envisaged measures, of the damage incurred by Union industry, the justification for and the possible impact of the envisaged measures. After the measures have been taken, the Commission should inform the European Parliament of the actual impact of the measures. | |

Amendment 11

Proposal for a regulation

Recital 9 b (new)

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| Text proposed by the Commission | Amendment |
|  | |  |  | | --- | --- | | (9b) | When assessing the Union's general interest in respect of the adoption of enforcement measures, while pursuing a balanced approach, the Commission should take particular account of the situation of the Union's producers. The Commission should inform the European Parliament of how it has determined the Union's general interest on a case-by-case basis. | |

Amendment 12

Proposal for a regulation

Recital 10 a (new)

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| Text proposed by the Commission | Amendment |
|  | |  |  | | --- | --- | | (10a) | The Commission should keep the European Parliament regularly informed, particularly when the Union has referred a matter to a dispute settlement body. After each decision by a dispute settlement body authorising the Union to take measures, the Commission should appear before the European Parliament's committee responsible for international trade to give an account of its intention to take or withhold from taking such measures. If the Union decides to take measures, the Commission should appear before the European Parliament to give an account of the measures selected. | |

Amendment 13

Proposal for a regulation

Recital 13 a (new)

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| Text proposed by the Commission | Amendment |
|  | |  |  | | --- | --- | | (13a) | At the request of the European Parliament, the Commission should regularly participate in the Dispute Settlement and Enforcement Dialogue provided for in this Regulation. | |

Amendment 14

Proposal for a regulation

Article 1 — introductory part

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

Amendment 15

Proposal for a regulation

Article 1 — point a

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (a) | responding to breaches by third countries of international trade rules which affect the interests of the Union, with a view to seeking a satisfactory solution. | | |  |  | | --- | --- | | (a) | responding to breaches by third countries of international trade rules which affect the interests of the Union, with a view to seeking a satisfactory solution  that provides relief to the affected economic operators of the Union . | |

Amendment 16

Proposal for a regulation

Article 1 — point b

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| --- | --- |
| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (b) | rebalancing concessions or other obligations in the trade relations with third countries, when the  import  treatment accorded to goods from the Union is altered. | | |  |  | | --- | --- | | (b) | rebalancing concessions or other obligations in the trade relations with third countries, when the treatment accorded to goods  or services  from the Union is altered. | |

Amendment 17

Proposal for a regulation

Article 2 — point b

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

Amendment 18

Proposal for a regulation

Article 3 — paragraph 1 — point d

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| --- | --- |
| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (d) | in cases of modification of concessions by a WTO member under Article XXVIII of the General Agreement on Tariffs and Trade 1994, where no compensatory adjustments have been agreed. | | |  |  | | --- | --- | | (d) | in cases of modification of concessions  or commitments  by a WTO member under Article XXVIII of the General Agreement on Tariffs and Trade 1994  or Article XXI of the GATS , where no compensatory adjustments have been agreed. | |

Amendment 19

Proposal for a regulation

Article 4 — paragraph 1

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

Amendment 20

Proposal for a regulation

Article 4 — paragraph 2 — point d

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

Amendment 21

Proposal for a regulation

Article 4 — paragraph 3 — point b

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (b) | potential of the measures to provide relief to economic operators within the Union affected by third country measures; | | |  |  | | --- | --- | | (b) | potential of the measures to provide relief to  Member States and  economic operators within the Union affected by third country measures; | |

Amendment 22

Proposal for a regulation

Article 4 — paragraph 3 — point c

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| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (c) | availability of alternative sources of supply for the products concerned, in order to avoid or minimise any negative impact on downstream industries or final consumers within the Union; | | |  |  | | --- | --- | | (c) | availability of alternative sources of supply for the products  or services  concerned, in order to avoid or minimise any negative impact on downstream industries or final consumers within the Union; | |

Amendment 23

Proposal for a regulation

Article 4 — paragraph 3 a (new)

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

Amendment 24

Proposal for a regulation

Article 5 — point b a (new)

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| Text proposed by the Commission | Amendment |
|  | |  |  | | --- | --- | | (ba) | the suspension of the application of obligations and specific commitments in the area of trade in services, with respect to the GATS or any bilateral and regional agreements; | |

Amendment 25

Proposal for a regulation

Article 5 — point c — point i

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

Amendment 26

Proposal for a regulation

Article 5 — paragraph 1 a (new)

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| --- | --- |
| Text proposed by the Commission | Amendment |
|  | The Commission shall duly justify to the European Parliament the choice of the specific commercial policy measures adopted pursuant to this Article. |

Amendment 27

Proposal for a regulation

Article 7 — paragraph 1

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

Amendment 28

Proposal for a regulation

Article 7 — paragraph 2 — point b

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

Amendment 29

Proposal for a regulation

Article 7 — paragraph 2 — point c

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| --- | --- |
| Text proposed by the Commission | Amendment |
| |  |  | | --- | --- | | (c) | in cases of modification of concessions by a WTO member under Article XXVIII of the General Agreement on Tariffs and Trade 1994, when the third country concerned accords satisfactory compensation to the Union subsequently to the adoption of an implementing act under Article 4(1). | | |  |  | | --- | --- | | (c) | in cases of  withdrawal or  modification of concessions  or commitments  by a WTO member under Article XXVIII of the GATT 1994  or Article XXI of the GATS , when the third country concerned accords  adequate and proportionate  compensation to the Union subsequently to the adoption of an implementing act under Article 4(1). | |

Amendment 30

Proposal for a regulation

Article 7 — paragraph 4 a (new)

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

Amendment 31

Proposal for a regulation

Article 9 — paragraph 1

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| --- | --- |
| Text proposed by the Commission | Amendment |
| 1.   The Commission shall seek information and views regarding the Union's economic interests in specific products or sectors, in the application of this Regulation, through a notice in the Official Journal of the European Union or other suitable public communication means. | 1.   The Commission shall seek information and views regarding the Union's economic interests in specific products , services  or sectors, in the application of this Regulation, through a notice in the Official Journal of the European Union or other suitable public communication means  and shall take those views into account . |
|  | The notice shall indicate the period within which the information is to be submitted. That period shall not exceed two months. |

Amendment 32

Proposal for a regulation

Article 9 — paragraph 2

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

Amendment 33

Proposal for a regulation

Article 9 — paragraph 4

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

Amendment 34

Proposal for a regulation

Article 9 a (new)

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| --- | --- |
| Text proposed by the Commission | Amendment |
|  | Article 9a |
|  | Dispute settlement and enforcement dialogue |
|  | The Commission shall regularly participate in an exchange of views with the European Parliament's Committee responsible for international trade on the management of trade disputes, including ongoing cases, effects on Union industries, envisaged measures, justification and impact of the envisaged measures, and on the implementation of commercial policy measures pursuant to this Regulation. |

Amendment 35

Proposal for a regulation

Article 10

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

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