CELEX: 52014PC0586
Language: en
Date: 2014-09-24
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the import into the Union of agricultural products originating in Turkey (codification)

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		52014PC0586
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the import into the Union of agricultural products originating in Turkey (codification) /* COM/2014/0586 final - 2014/0272 (COD) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           In the context of a people’s
Europe, the Commission attaches great importance to simplifying and clarifying
the law of the Union so as to make it clearer and more accessible to citizens,
thus giving them new opportunities and the chance to make use of the specific
rights it gives them.
This aim cannot be achieved so long as numerous
provisions that have been amended several times, often quite substantially,
remain scattered, so that they must be sought partly in the original instrument
and partly in later amending ones. Considerable research work, comparing many
different instruments, is thus needed to identify the current rules.
For this reason a codification of rules that
have frequently been amended is also essential if the law is to be clear and
transparent.
2.           On 1 April 1987 the
Commission decided[1]
to instruct its staff that all acts should be codified after no more than ten
amendments, stressing that this is a minimum requirement and that departments
should endeavour to codify at even shorter intervals the texts for which they
are responsible, to ensure that their provisions are clear and readily
understandable.
3.           The Conclusions of the Presidency
of the Edinburgh European Council (December 1992) confirmed this[2], stressing the
importance of codification as it offers certainty as to the law applicable to a
given matter at a given time.
Codification must be undertaken in full
compliance with the normal procedure for the adoption of acts of the Union.
Given that no changes of substance may be made
to the instruments affected by codification, the European Parliament, the
Council and the Commission have agreed, by an interinstitutional agreement
dated 20 December 1994, that an accelerated procedure may be used for the
fast-track adoption of codification instruments.
4.           The purpose of this proposal is
to undertake a codification of Council Regulation (EC) No 779/98 of
7 April 1998 on the import into the Community of agricultural products
originating in Turkey, repealing Regulation (EEC) No 4115/86 and amending
Regulation (EC) No 3010/95[3].
The new Regulation will supersede the various acts incorporated in it[4]; this proposal fully
preserves the content of the acts being codified and hence does no more than
bring them together with only such formal amendments as are required by the
codification exercise itself.
5.           The codification proposal was
drawn up on the basis of a preliminary consolidation, in 23 official languages,
of Regulation (EC) No 779/98 and the instrument amending it, carried out
by the Publications Office of the European Union, by means of a data-processing
system. Where the Articles have been given new numbers, the correlation between
the old and the new numbers is shown in a table set out in Annex II to the
codified Regulation.
ê 779/98
(adapted)
2014/0272 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on the import into the Ö Union Õ of
agricultural products originating in Turkey (codification)
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty Ö on the
Functioning of the European Union Õ , and in
particular Article Ö 207(2) Õ thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[5],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
ê 
(1)       Council
Regulation (EC) No 779/98[6] has been substantially amended[7]. In the interests of
clarity and rationality, that Regulation should be codified.
ê 779/98 recital
1 (adapted)
(2)       Decision No 1/98 of
the EC-Turkey Association Council[8]
establishes the system of preferences applicable to imports into the Ö Union Õ of
agricultural products originating in Turkey.
ê 779/98
recital 2 (adapted)
(3)       In the case of products for
which Ö Union Õ regulations
require a certain import price to be observed, Ö the Õ application of
the preferential tariff system is subject to Ö the Õ observance of
that price.
ê 255/2014
recital 6 (adapted)
(4)       In order to ensure uniform
conditions for the implementation of Ö this Õ Regulation,
implementing powers should be conferred on the Commission. Those powers should
be exercised in accordance with Regulation (EU) No 182/2011 of the
European Parliament and of the Council[9],
ê 779/98 (adapted)
Ö HAVE Õ ADOPTED THIS
REGULATION:
ê 255/2014
Art. 2.1 (adapted)
Article 1
The Commission shall, by means of
implementing acts, adopt rules necessary for the application of the import
regime for the products listed in Annex I to the Treaty which originate in
 Turkey and which are imported into the Union under the conditions laid down in
Decision No 1/98 of the EC-Turkey Association Council. Those implementing
acts shall be adopted in accordance with the examination procedure referred to
in Article 3(2) Ö of this
Regulation Õ.
ê 779/98
(adapted)
Article 2
1. In the case of products for which Ö Union Õ regulations
require a certain import price to be observed, Ö the Õ application of
the preferential tariff system shall be subject to Ö the Õ observance of
that price.
2. In the case of fishery products for
which a reference price is set, Ö the Õ application of
the preferential tariff shall be subject to Ö the Õ observance of
that price.
ê 255/2014
Art. 2.2
Article 3
1. The Commission shall be assisted by the
Committee for the Common Organisation of the Agricultural Markets established
by Article 229 of Regulation (EU) No 1308/2013 of the European Parliament
and of the Council[10].
That Committee shall be a committee within the meaning of Regulation (EU)
No 182/2011.
2. Where reference is made to this
paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where the opinion of the committee is to
be obtained by written procedure, that procedure shall be terminated without
result when, within the time-limit for delivery of the opinion, the chair of
the committee so decides or at least a quarter of committee members so request.
ê 
Article 4
Regulation (EC) No 779/98 is repealed.
References to the repealed Regulation shall
be construed as references to this Regulation and shall be read in accordance
with the correlation table in Annex II.
ê 779/98
(adapted)
Article 5
This Regulation shall enter into force on
the Ö twentieth Õ day Ö following that Õ of its
publication in the Official Journal of the European Ö Union Õ .
ê 779/98
This
Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               COM(87) 868 PV.
[2]               See Annex 3 to Part A of the Conclusions.
[3]               Entered in the legislative programme for 2014.
[4]               See Annex I to this proposal.
[5]               OJ C […], […], […].
[6]                      Council Regulation (EC) No 779/98 of 7 April 1998 on the
import into the Community of agricultural products originating in Turkey,
repealing Regulation (EEC) No 4115/86 and amending Regulation (EC)
No 3010/95 (OJ L 113, 15.4.1998, p. 1).
[7]               See Annex I.
[8]               Decision No 1/98 of the EC-Turkey Association
Council of 25 February 1998 on the trade regime for agricultural products
(OJ L 86, 20.3.1998, p. 1).
[9]               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).
[10]             Regulation (EU)
No 1308/2013 of the European Parliament and of the Council of
17 December 2013 establishing a common organisation of the markets in
agricultural products and repealing Council Regulations (EEC) No 922/72,
(EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007
(OJ L 347, 20.12.2013, p. 671).
é 
ANNEX I
Repealed
Regulation with the amendment thereto
 Council Regulation (EC) No 779/98 (OJ L 113, 15.4.1998, p. 1) ||   || 
 || Regulation (EU) No 255/2014 of the European Parliament and of the Council (OJ L 84, 20.3.2014, p. 57) || Article 2 only 
_____________
ANNEX II
Correlation Table
 Regulation (EC) No 779/98 || This Regulation 
 Article 1 || Article 1 
 Article 2, first paragraph || Article 2(1) 
 Article 2, second paragraph || Article 2(2) 
 Article 2a || Article 3 
 Article 3 || – 
 Article 4 || – 
 – || Article 4 
 Article 5 || Article 5 
 – || Annex I 
 – || Annex II 
_____________