CELEX: 52011PC0349
Language: en
Date: 2011-06-15
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain regulations relating to the common commercial policy as regards the granting of delegated powers for the adoption of certain measures

EUROPEAN COMMISSION
                                                 Brussels, 15.6.2011
                                                 COM(2011) 349 final
                                                 2011/0153 (COD)
                                    Proposal for a
 REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending certain regulations relating to the common commercial policy as regards the
         granting of delegated powers for the adoption of certain measures
 ---pagebreak---                                   EXPLANATORY MEMORANDUM
   1.        INTRODUCTION
   The entry into force of the Treaty of Lisbon has led to significant changes both in the
   framework for the adoption of delegated and implementing acts and for the conduct of trade
   policy.
   As regards the adoption of delegated and implementing acts the Treaty on the Functioning of
   the European Union (hereinafter "the Treaty") clearly distinguishes between the two.
   – The provisions of the Treaty on delegated acts, which are set out in Article 290 of the
      Treaty on the Functioning of the European Union, provide for the legislator to control the
      exercise of the Commission's powers by means of a right of revocation and/or a right of
      objection.
   – The provisions of the Treaty on implementing acts, which are set out in Article 291, do not
      provide any role for the European Parliament and the Council to control the Commission's
      exercise of implementing powers. Such control can only be exercised by the Member
      States. A legal framework establishing the mechanisms of such control is set out in
      Regulation (EU) No 182/2011 of the European Parliament and the Council laying down
      the rules and general principles concerning mechanisms for control by Member States of
      the Commission’s exercise of implementing powers.1
   As regards trade policy, the Treaty of Lisbon provides that the ordinary legislative procedure
   applies, meaning that for the first time the European Parliament is fully associated in the
   conduct of trade policy.
   In relation to the adoption of Regulation (EU) No 182/2011 the Commission made the
   following statement:
             "The Commission will proceed to an examination of all legislative acts in force
             which were not adapted to the regulatory procedure with scrutiny before the entry
             into force of the Lisbon Treaty, in order to assess if those instruments need to be
             adapted to the regime of delegated acts introduced by Article 290 of the Treaty on
             the Functioning of the European Union. The Commission will make the appropriate
             proposals as soon as possible and no later than at the dates mentioned in the
             indicative calendar annexed to this declaration."2
   The present proposal results from the Commission's examination of the legislative acts in the
   field of trade policy. Legislation in the field of trade policy has not been adapted in the past to
   the regulatory procedure with scrutiny.
   This proposal accompanies a first proposal the Commission has made on trade policy. That
   proposal (COM(2011)82 final of 7 March 2011 - referred to as "Trade Omnibus I"3) amends
   certain regulations relating to the common commercial policy as regards procedures where the
   1
           OJ L 55, 28.2.2011 p. 13.
   2
           OJ L 55, 28.2.2011 p. 19.
   3
           OJ L xxx, xx.xx.xxxx, p. 4.
EN                                                   2                                                 EN
 ---pagebreak---    Council was involved in decision-making which were not based on Council Decision
   1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing
   powers conferred on the Commission.4 It proposes that such procedures be converted into
   either delegated acts pursuant to Article 290 of the Treaty or implementing acts pursuant to
   Article 291.
   The current proposal examines all remaining decision-making procedures found in trade
   policy legislation in order to adapt them, where appropriate, to the regime for delegated acts
   set down in Article 290. In principle these are decision-making procedures based on Council
   Decision 1999/468/EC. At the time of making the statement related to the adoption of
   Regulation 182/2011 the Commission provided a list of acts in annex. As regards trade policy,
   the Commission listed the following acts5:
             –     Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules
                   for imports of certain textile products from third countries
             –     Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for
                   imports of textile products from certain third countries not covered by bilateral
                   agreements, protocols or other arrangements, or by other specific Community
                   import rules
             –     Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain
                   procedures for applying the Stabilisation and Association Agreement between
                   the European Communities and their Member States, of the one part, and the
                   Republic of Croatia, of the other part and for applying the Interim Agreement
                   between the European Community and the Republic of Croatia, as amended
             –     Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion
                   into the European Union of certain key medicines
             –     Council Regulation (EC) No 673/2005 of 25 April 2005establishing additional
                   customs duties on imports of certain products originating in the United States
                   of America
             –     Council Regulation (EC) No 1616/2006 of 23 October 2006 on certain
                   procedures for applying the Stabilisation and Association Agreement between
                   the European Communities and their Member States, of the one part, and the
                   Republic of Albania, of the other part, and for applying the Interim Agreement
                   between the European Community and the Republic of Albania
             –     Council Regulation (EC) No 1528/2007 of 20 December 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
   4
           OJ L 184, 17.7.1999, p. 23.
   5
           These acts are numbered 73 to 86 in the list of acts referred to in the Commission's statement. Available
           at            http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2010-
           0488+0+DOC+XML+V0//EN&language=EN#BKMD-5.
EN                                                         3                                                         EN
 ---pagebreak---              –       Council Regulation (EC) No 55/2008 of 21 January 2008 introducing
                     autonomous trade preferences for the Republic of Moldova and amending
                     Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC
             –       Council Regulation (EC) No 140/2008 of 19 November 2007 on certain
                     procedures for applying the Stabilisation and Association Agreement between
                     the European Communities and their Member States, of the one part, and the
                     Republic of Montenegro, of the other part, and for applying the Interim
                     Agreement between the European Community, of the one part, and the
                     Republic of Montenegro, of the other part
             –       Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures
                     for applying the Stabilisation and Association Agreement between the
                     European Communities and their Member States, of the one part, and Bosnia
                     and Herzegovina, of the other part, and for applying the Interim Agreement on
                     trade and trade-related matters between the European Community, of the one
                     part, and Bosnia and Herzegovina, of the other part
             –       Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of
                     generalised tariff preferences for the period from 1 January 2009 to 31
                     December 2011 and amending Regulations (EC) No 552/97, (EC) No
                     1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No
                     964/2007
             –       Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing
                     exceptional trade measures for countries and territories participating in or
                     linked to the European Union's Stabilisation and Association process
             –       Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering
                     certain restrictions on imports of certain steel products from the Russian
                     Federation
             –       Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in
                     certain steel products between the European Community and the Republic of
                     Kazakhstan6
   The Commission has examined all of these regulations. Where appropriate, it proposes that
   certain procedures be converted into delegated acts. The next section explains for each
   regulation the approach proposed by the Commission.
   2.        ANALYSIS OF EXISTING PROCEDURES
   –         Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for
             imports of certain textile products from third countries
   The Commission carefully examined the procedures provided for in this regulation. It
   considers that the procedures provided for in Articles 2(6), 6(2), 8, 10, 10a(3), 13(3), 15(3),
   6
           The regulations are listed here as they appeared in the list annexed to the Commission statement. In the
           rest of this proposal they are listed in chronological order by date of adoption.
EN                                                          4                                                       EN
 ---pagebreak---    15(5), 19, 4(3) of Annex IV and 2, 3(1), 3(3) of Annex VII should be converted into
   procedures for the adoption of delegated acts. It notes that some of these articles refer to
   decision-making procedures for the adoption of safeguard measures. The Commission
   considers that such measures should normally be regarded as implementing measures, except,
   as in this case, where they may lead to amendments to the relevant annexes of the regulation
   and therefore exceptionally fall to be considered as delegated acts.
   The Commission examined all other decision-making procedures provided for in this
   Regulation, and concludes that these procedures should be retained as implementing acts. The
   list of articles containing such procedures is as follows: Articles 2(8), 12, 15(1) and Articles
   10, 14 and 21 of Annex III.
   –         Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for
             imports of textile products from certain third countries not covered by bilateral
             agreements, protocols or other arrangements, or by other specific Community
             import rules
   The Commission carefully examined the procedures provided for in this regulation. It
   considers that the procedures provided for in Articles 3(3), 5(2), 12(3), 13, 16 and 28 should
   be converted into procedures for the adoption of delegated acts. It notes that some of these
   articles refer to decision-making procedures for the adoption of safeguard measures. The
   Commission considers that such measures should normally be regarded as implementing
   measures, except, as in this case, where they may lead to amendments to the relevant annexes
   of the regulation and therefore exceptionally fall to be considered as delegated acts.
   The Commission examined all other decision-making procedures provided for in this
   Regulation, and concludes that these procedures should be retained as implementing acts. The
   list of articles containing such procedures is as follows: Articles 6(2), 6(3), 7(1), 8(2), 11, 15,
   17(3), 17(6), 20, 21(2), 21(3), 21(4), 21(5) and 23.
   –         Council Regulation (EC) No 2248/2001 of 19 November 2001 on certain
             procedures for applying the Stabilisation and Association Agreement between
             the European Communities and their Member States, of the one part, and the
             Republic of Croatia, of the other part and for applying the Interim Agreement
             between the European Community and the Republic of Croatia, as amended
   The Commission carefully examined the procedures provided for in Articles 2, 4, 7 and 7f of
   the Regulation. It came to the conclusion that none of these procedures leads to acts which
   supplement or amend the basic act and which therefore require to be converted into delegated
   acts.
   –         Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion
             into the European Union of certain key medicines
   This regulation provides that the annex to the regulation may be amended to add tiered priced
   products to the list in the annex. This should be converted into a system of delegated acts.
   –         Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional
             customs duties on imports of certain products originating in the United States of
             America
EN                                                 5                                                   EN
 ---pagebreak---    This regulation provides that the annex to the regulation may be amended to make
   adjustments to the customs duties applied and the products to which the duties apply. This
   should be converted into a system of delegated acts.
   –         Council Regulation (EC) No 1616/2006 of 23 October 2006 on certain
             procedures for applying the Stabilisation and Association Agreement between
             the European Communities and their Member States, of the one part, and the
             Republic of Albania, of the other part, and for applying the Interim Agreement
             between the European Community and the Republic of Albania
   The Commission carefully examined the procedures provided for in Articles 2, 4, and 11 of
   the Regulation. It came to the conclusion that none of these procedures leads to acts which
   supplement or amend the basic act and which therefore require to be converted into delegated
   acts.
   –         Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering
             certain restrictions on imports of certain steel products from the Russian
             Federation
   Article 5 states that the annexes to the regulation should be modified as specified in the
   relevant agreement with the Russian Federation. Article 6(3) provides that the annexes can be
   modified in the event of circumvention. The Commission is permitted to make such changes
   and no specific procedure is specified. Article 12 also permits the modification of the
   annexes, and is understood as permitting the Commission to modify the annexes. The
   Commission considers that these procedures should be converted into delegated powers. The
   Commission regards the powers provided in Articles 14 and 15 as being implementing acts.
   –         Council Regulation (EC) No 1528/2007 of 20 December 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
   This regulation provides powers in Article 4(3) and Article 23 to make amendments to Annex
   II on rules of origin and the regulation as a whole in the event of divergences with
   international agreements. These procedures should be converted into procedures for the
   adoption of delegated acts. The regulation contains a number of other procedures currently
   subject to Regulation 182/2011 which the Commission considers should be maintained as
   implementing acts. These procedures are decisions on the management of rules of origin
   (Article 4(3)), suspension of benefits in the event of fraud (Article 5), detailed rules for the
   implementation and management for implementing the tariff rate quotas for sugar and rice
   (Articles 6 and 7)7, the transitional safeguard mechanism for sugar (Article 9), the transitional
   surveillance mechanism for processed agricultural products (Article 10), decisions on
   cumulation for rules of origin purposes (Article 6 of Annex II) and derogations from the
   provisions of Annex II on rules of origin (Article 36 of Annex II).
   7
           The tariff rate quotas in question no longer apply since 1 January 2010 for rice and 1 October 2009 for
           sugar.
EN                                                        6                                                        EN
 ---pagebreak---    –        Council Regulation (EC) No 55/2008 of 21 January 2008 introducing
            autonomous trade preferences for the Republic of Moldova and amending
            Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC
   Article 7 provides that the Commission may make amendments and technical adjustments
   following amendments to the Combined Nomenclature or the conclusion of international
   agreements. The Commission considers that this procedure should be converted into a
   delegated power. The other procedures should remain as implementing acts.
   –        Council Regulation (EC) No 140/2008 of 19 November 2007 on certain
            procedures for applying the Stabilisation and Association Agreement between
            the European Communities and their Member States, of the one part, and the
            Republic of Montenegro, of the other part, and for applying the Interim
            Agreement between the European Community, of the one part, and the
            Republic of Montenegro, of the other part
   The Commission carefully examined the procedures provided for in Articles 2, 4, and 11 of
   the Regulation. It came to the conclusion that none of these procedures leads to acts which
   supplement or amend the basic act and which therefore require to be converted into delegated
   acts.
   –        Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for
            applying the Stabilisation and Association Agreement between the European
            Communities and their Member States, of the one part, and Bosnia and
            Herzegovina, of the other part, and for applying the Interim Agreement on
            trade and trade-related matters between the European Community, of the one
            part, and Bosnia and Herzegovina, of the other part
   The Commission carefully examined the procedures provided for in Articles 2, 4, and 11 of
   the Regulation. It came to the conclusion that none of these procedures leads to acts which
   supplement or amend the basic act and which therefore required to be converted into
   delegated acts.
   –        Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of
            generalised tariff preferences for the period from 1 January 2009 to 31
            December 2011 and amending Regulations (EC) No 552/97, (EC) No 1933/2006
            and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007
   This regulation provides for the annexes thereto to be amended in a number of specified
   purposes as set out in Article 25 thereof. It is appropriate to convert the system for making
   such amendments into a system of delegated acts. At the same time, the regulation also
   requires, in Articles 10(2) and 11(8) that certain of these amendments be preceded by
   decisions adopted pursuant to the examination procedure as provided for in Article 5 of
   Regulation (EU) No. 182/2011. It is undesirable in terms of legal clarity to require that the
   same substantive decision be subject to two different decision-making procedures, with the
   risk that those two procedures lead to different result. As a consequence, the Commission
   proposes that these procedures be unified into a system of delegated acts. The procedures
   provided for in Article 11(7) should be considered as implementing act and therefore do not
   require to be converted into a system of delegated acts.
EN                                                7                                              EN
 ---pagebreak---    –         Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in certain
             steel products between the European Community and the Republic of
             Kazakhstan
   Article 5(3) provides that the annexes can be modified in the event of circumvention. The
   Commission is permitted to make such changes and no specific procedure is set out. The
   Commission considers that this procedure should be converted into a delegated power. Other
   procedures should remain as implementing acts.
   –         Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing
             exceptional trade measures for countries and territories participating in or
             linked to the European Union's Stabilisation and Association process
   Article 7 provides that the Commission may make amendments and technical adjustments
   following amendments to the Combined Nomenclature or the conclusion of international
   agreements. The Commission considers that this procedure should be converted into a
   delegated power. Other procedures should remain as implementing acts.
   3.        CONCLUSION
   The result of the adoption of the two proposals adopted by the Commission as regards
   decision-making procedures in trade policy will be a substantial number of amendments to the
   acts in question. In order to improve legibility of the acts concerned, the Commission has
   proposed to replace whole sentences or paragraphs even where only a limited number of
   words in the sentence or paragraph are in reality being amended. The Commission will
   propose a codification of the acts as expeditiously as possible once the two horizontal
   proposals are adopted.
   The Commission also notes that certain regulations, in particular Council Regulation (EEC)
   No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from
   third countries and Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for
   imports of textile products from certain third countries not covered by bilateral agreements,
   protocols or other arrangements, or by other specific Community import rules contain
   provisions creating procedures for the adoption of delegated or implementing acts in the
   annexes themselves. While this drafting technique is not now considered satisfactory, it would
   not be appropriate, in a proposal with a limited scope as in the present, to revisit the structure
   of the legislation.
EN                                                8                                                   EN
 ---pagebreak---                                                            2011/0153 (COD)
                                              Proposal for a
       REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
     amending certain regulations relating to the common commercial policy as regards the
                granting of delegated powers for the adoption of certain measures
   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 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 procedure,
   Whereas:
   (1)     A number of basic regulations relating to the common commercial policy provide that
           acts are to be adopted on the basis of the procedures set out in Council Decision
           1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
           implementing powers conferred on the Commission8.
   (2)     An examination of legislative acts in force which were not adapted to the regulatory
           procedure with scrutiny before the entry into force of the Treaty of Lisbon is necessary
           in order to ensure consistency with the provisions introduced by that Treaty. It is
           appropriate, in certain cases, to amend such acts in order to grant delegated powers to
           the Commission pursuant to Article 290 of the Treaty on the Functioning of the
           European Union.
   (3)     The following regulations should therefore be amended accordingly:
             –     Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules
                   for imports of certain textile products from third countries9,
             –     Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for
                   imports of textile products from certain third countries not covered by bilateral
                   agreements, protocols or other arrangements, or by other specific Community
                   import rules10,
   8
           OJ L 184, 17.7.1999, p. 23.
   9
           OJ L 275, 8.11.1993, p. 1.
   10
           OJ L 67, 10.3.1994, p. 1.
EN                                                   9                                               EN
 ---pagebreak---          –     Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion
               into the European Union of certain key medicines11,
         –     Council Regulation (EC) No 673/2005 of 25 April 2005 establishing additional
               customs duties on imports of certain products originating in the United States
               of America12,
         –     Council Regulation (EC) No 1342/2007 of 22 October 2007 on administering
               certain restrictions on imports of certain steel products from the Russian
               Federation13,
         –     Council Regulation (EC) No 1528/2007 of 20 December 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 Agreements14,
         –     Council Regulation (EC) No 55/2008 of 21 January 2008 introducing
               autonomous trade preferences for the Republic of Moldova and amending
               Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC15,
         –     Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of
               generalised tariff preferences for the period from 1 January 2009 to 31
               December 2011 and amending Regulations (EC) No 552/97, (EC) No
               1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No
               964/200716,
         –     Council Regulation (EC) No 1340/2008 of 8 December 2008 on trade in
               certain steel products between the European Community and the Republic of
               Kazakhstan17,
         –     Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing
               exceptional trade measures for countries and territories participating in or
               linked to the European Union's Stabilisation and Association process18.
   (4) In order to ensure legal certainty, it is necessary that the procedures for the adoption of
       measures which have been initiated but not completed before the entry into force of
       this Regulation are not affected by this Regulation,
   11
       OJ L 135, 3.6.2003, p. 5.
   12
       OJ L 110, 30.4.2005, p. 1.
   13
       OJ L 300, 17.11.2007, p. 1.
   14
       OJ L 348, 31.12.2007, p. 1.
   15
       OJ L 20, 24.1.2008, p. 1.
   16
       OJ L 211, 6.8.2008, p. 1.
   17
       OJ L 348, 24.12.2008, p. 1.
   18
       OJ L 328, 15.12.2009, p. 1.
EN                                               10                                                EN
 ---pagebreak---    HAVE ADOPTED THIS REGULATION:
                                               Article 1
   The Regulations listed in the Annex are hereby adapted, in accordance with the Annex, to
   Article 290 of the Treaty.
                                               Article 2
   References to provisions of the instruments in the Annex shall be construed as being made to
   those provisions as adapted by this Regulation.
                                               Article 3
   This Regulation shall not affect the procedures for the adoption of measures provided for in
   the Regulations in the Annex which have been initiated but not completed before the entry
   into force of this Regulation.
                                               Article 4
   This Regulation shall enter into force on the 30th day following that of its publication in the
   Official Journal of the European Union.
   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
   […]                                           […]
EN                                                 11                                              EN
 ---pagebreak---                                                  ANNEX
   List of Regulations falling under the common commercial policy and adapted to Article 290
   of the Treaty.
   1.       COUNCIL REGULATION (EEC) NO 3030/93               OF 12 OCTOBER 1993 ON COMMON
                                                                                                 19
            RULES FOR IMPORTS OF CERTAIN TEXTILE PRODUCTS FROM THIRD COUNTRIES
   As regards Regulation (EEC) No 3030/93, in order to ensure the appropriate functioning of
   the system for the management of imports of certain textile products, the power to adopt acts
   in accordance with Article 290 of the Treaty on the Functioning of the European Union
   should be delegated to the Commission in respect of necessary changes to the annexes to the
   Regulation. It is of particular importance that the Commission carry out appropriate
   consultations during its preparatory work, including at expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EEC) No 3030/93 is amended as follows:
   1.       In Article 2, paragraph 6 is replaced by the following:
            "6.    The Commission shall be empowered to adopt delegated acts in accordance
                   with Article 16a in order to adapt the definition of quantitative limits laid down
                   in Annex V and the categories of products to which they apply, where this
                   proves necessary to ensure that any subsequent amendment to the combined
                   nomenclature (CN) or any decision amending the classification of such
                   products does not result in a reduction of such quantitative limits."
   2.       In Article 6, paragraph 2 is replaced by the following:
            "2.    The Commission shall be empowered to adopt delegated acts in accordance
                   with Article 16a to amend the annexes so as to remedy the situation referred to
                   in paragraph 1, due respect being given to the terms and conditions contained
                   in the relevant bilateral agreements.
                   Where a delay in the imposition of measures would cause damage which
                   would be difficult to repair and therefore imperative grounds of urgency so
                   require, the procedure provided for in Article 16b shall apply to delegated acts
                   adopted pursuant to this paragraph."
   3.       Article 8 is amended as follows:
            (a)    The first paragraph is replaced by the following:
                   "The Commission shall be empowered to adopt delegated acts in accordance
                   with Article 16a to grant additional opportunities for imports during a given
   19
           OJ L 275, 8.11.1993, p. 1.
EN                                                 12                                                 EN
 ---pagebreak---             quota year, where, under particular circumstances, imports over and above
            those referred to in Annex V are required in respect of one or more categories
            of products.";
      (b)   The following paragraph is inserted after the first paragraph:
            “Where a delay in the imposition of measures would cause damage which
            would be difficult to repair and therefore imperative grounds of urgency so
            require, the procedure provided for in Article 16b shall apply to delegated acts
            adopted pursuant to the first paragraph. The Commission shall take a decision
            within 15 working days of a request from a Member State.”;
      (c)   The penultimate paragraph is deleted.
   4. Article 10 is amended as follows:
      (a)   In paragraph 7, point (b) is deleted;
      (b)   Paragraph 13 is replaced by the following:
      "13. The Commission shall be empowered to adopt delegated acts in accordance
            with Article 16a concerning the measures provided for in paragraphs 3 and 9.
            Where a delay in the imposition of measures would cause damage which would
            be difficult to repair and therefore imperative grounds of urgency so require,
            the procedure provided for in Article 16b shall apply to delegated acts adopted
            pursuant to this paragraph. The Commission shall take a decision within 10
            working days of a request from a Member State."
   5. Article 10a is amended as follows:
      (a)   Paragraph 2a is deleted;
      (b)   Paragraph 3 is replaced by the following:
            "3.   The Commission shall be empowered to adopt delegated acts in
                  accordance with Article 16a concerning the measures provided for in
                  paragraph 1, with the exception of the opening of consultations as
                  provided for in paragraph 1(a).
                  Where a delay in the imposition of measures would cause damage which
                  would be difficult to repair and therefore imperative grounds of urgency
                  so require, the procedure provided for in Article 16b shall apply to
                  delegated acts adopted pursuant to this paragraph."
   6. Article 13 is amended as follows:
      (a)   The second subparagraph of paragraph 3 is replaced by the following:
            "The Commission shall decide to introduce an a priori or an a posteriori
            surveillance system. The Commission shall be empowered to adopt delegated
EN                                           13                                              EN
 ---pagebreak---             acts in accordance with Article 16a concerning the imposition of the a priori
            surveillance system.";
      (b)   The following subparagraph is added after the second subparagraph:
            “Where a delay in the imposition of measures would cause damage which
            would be difficult to repair and therefore imperative grounds of urgency so
            require, the procedure provided for in Article 16b shall apply to delegated acts
            adopted pursuant to the second subparagraph.”
   7. Article 15 is amended as follows:
      (a)   Paragraph 3 is replaced by the following:
            "3.   If the Union and the supplier country fail to arrive at a satisfactory
                  solution within the period stipulated in Article 16 and if the Commission
                  notes that there is clear evidence of circumvention, the Commission shall
                  be empowered to adopt delegated acts in accordance with the procedure
                  laid down in Article 16a to deduct from the quantitative limits an
                  equivalent volume of products originating in the supplier country
                  concerned.
                  Where a delay in the imposition of measures would cause damage which
                  would be difficult to repair and therefore imperative grounds of urgency
                  so require, the procedure provided for in Article 16b shall apply to
                  delegated acts adopted pursuant to this paragraph.”;
      (b)   Paragraph 5 is replaced by the following:
            "5.   In addition, where there is evidence of the involvement of the territories
                  of third countries which are Members of the WTO but which are not
                  listed in Annex V, the Commission shall request consultations with the
                  third country or countries concerned in accordance with the procedure
                  described in Article 16 in order to take appropriate action to address the
                  problem. The Commission shall be empowered to adopt delegated acts in
                  accordance with Article 16a to introduce quantitative limits against the
                  third country or countries concerned or to counteract the situation
                  referred to in paragraph 1.
                  Where a delay in the imposition of measures would cause damage which
                  would be difficult to repair and therefore imperative grounds of urgency
                  so require, the procedure provided for in Article 16b shall apply to
                  delegated acts adopted pursuant to this paragraph."
   8. The following Articles 16a and 16b are inserted:
                                            “Article 16a
                                Exercise of the delegation
EN                                           14                                              EN
 ---pagebreak---       1.    The power to adopt delegated acts is conferred on the Commission subject to
            the conditions laid down in this Article.
      2.    The delegation of power referred to in Articles 2(6), 6(2), 8, 10(13), 10a(3),
            13(3), 15(3) and (5) and 19 of this Regulation and in Articles 4(3) of Annex IV
            and 2, 3(1) and (3) of Annex VII to this Regulation shall be conferred on the
            Commission for an indeterminate period of time.
      3.    The delegation of powers referred to in Articles 2(6), 6(2), 8, 10(13), 10a(3),
            13(3), 15(3) and (5) and 19 of this Regulation and in Articles 4(3) of Annex IV
            and 2, 3(1) and (3) of Annex VII to this Regulation may be revoked at any time
            by the European Parliament or by the Council. A decision of revocation shall
            put an end to the delegation of the power specified in that decision. It shall take
            effect the day following the publication of the decision in the Official Journal
            of the European Union or at a later date specified therein. It shall not affect the
            validity of any delegated acts already in force.
      4.    As soon as it adopts a delegated act, the Commission shall notify it
            simultaneously to the European Parliament and to the Council.
      5.    A delegated act adopted pursuant to Articles 2(6), 6(2), 8, 10(13), 10a(3),
            13(3), 15(3) and (5) and 19 of this Regulation and Articles 4(3) of Annex IV
            and 2, 3(1) and (3) of Annex VII to this Regulation shall enter into force only if
            no objection has been expressed either by the European Parliament or the
            Council within a period of 2 months of notification of that act to the European
            Parliament and the Council or if, before the expiry of that period, the European
            Parliament and the Council have both informed the Commission that they will
            not object. That period shall be extended by 2 months at the initiative of the
            European Parliament or the Council.
                                         Article 16b
                                   Urgency procedure
      1.    Delegated acts adopted under this Article shall enter into force without delay
            and shall apply as long as no objection is expressed in accordance with
            paragraph 2. The notification of a delegated act to the European Parliament and
            to the Council shall state the reasons for the use of the urgency procedure.
      2.    Either the European Parliament or the Council may object to a delegated act in
            accordance with the procedure referred to in Article 16a(5). In such a case, the
            Commission shall repeal the act without delay following the notification of the
            decision to object by the European Parliament or the Council."
   9. Article 19 is replaced by the following:
                                         "Article 19
      The Commission shall be empowered to adopt delegated acts in accordance with
      Article 16a to amend the relevant Annexes where necessary to take into account the
EN                                           15                                                 EN
 ---pagebreak---        conclusion, amendment or expiry of agreements, protocols or arrangements with
       third countries or amendments made to Union rules on statistics, customs
       arrangements or common rules for imports".
   10. In Article 4 of Annex IV, paragraph 3 is replaced by the following:
       "3.   Where it is established that the provisions of this Regulation have been
             contravened, and in agreement with the supplier country or countries
             concerned, the Commission shall be empowered to adopt delegated acts in
             accordance with Article 16a of this Regulation concerning the amendment of
             the relevant Annexes to this Regulation, as necessary to prevent recurrence of
             such contravention.
             Where a delay in the imposition of measures would cause damage which would
             be difficult to repair and therefore imperative grounds of urgency so require,
             the procedure provided for in Article 16b of this Regulation shall apply to
             delegated acts adopted pursuant to this paragraph.”
   11. In Annex VII, Article 2 is replaced by the following:
                                          "Article 2
       The Commission shall be empowered to adopt delegated acts in accordance with
       Article 16a of this Regulation to subject re-imports not covered by this Annex to
       specific quantitative limits, provided that the products concerned are subject to the
       quantitative limits laid down in Article 2 of this Regulation.
       Where a delay in the imposition of measures would cause damage which would be
       difficult to repair and therefore imperative grounds of urgency so require, the
       procedure provided for in Article 16b of this Regulation shall apply to delegated acts
       adopted pursuant to this paragraph.”
   12. In Annex VII, Article 3 is amended as follows:
       (a)   Paragraph 1 is replaced by the following:
             "1.   The Commission shall be empowered to adopt delegated acts in
                   accordance with Article 16a of this Regulation to effect transfers between
                   categories and advance use or carry-over of portions of specific
                   quantitative limits from one year to another.
                   Where a delay in the imposition of measures would cause damage which
                   would be difficult to repair and therefore imperative grounds of urgency
                   so require, the procedure provided for in Article 16b of this Regulation
                   shall apply to delegated acts adopted pursuant to this paragraph.";
       (b)   Paragraph 3 is replaced by the following:
             "3.   The Commission shall be empowered to adopt delegated acts in
                   accordance with Article 16a of this Regulation to adjust the specific
                   quantitative limits where there is a need for additional imports.
EN                                           16                                               EN
 ---pagebreak---                          Where a delay in the imposition of measures would cause damage which
                         would be difficult to repair and therefore imperative grounds of urgency
                         so require, the procedure provided for in Article 16b of this Regulation
                         shall apply to delegated acts adopted pursuant to this paragraph."
   2.      COUNCIL REGULATION (EC) NO 517/94 OF 7 MARCH 1994 ON COMMON RULES FOR
           IMPORTS OF TEXTILE PRODUCTS FROM CERTAIN THIRD COUNTRIES NOT COVERED
           BY BILATERAL AGREEMENTS, PROTOCOLS OR OTHER ARRANGEMENTS, OR BY
                                                            20
           OTHER SPECIFIC COMMUNITY IMPORT RULES
   As regards Regulation (EC) No 517/94, in order to ensure the appropriate functioning of the
   system for the management of imports of certain textile products not covered by bilateral
   agreements, protocols or other arrangements, or by other specific Union import rules, the
   power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the
   European Union should be delegated to the Commission in respect of necessary changes to
   the annexes to the Regulation. It is of particular importance that the Commission carry out
   appropriate consultations during its preparatory work, including at expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 517/94 is amended as follows:
   1.      In Article 3, paragraph 3 is replaced by the following:
           "3.    Any textile product referred to in Annex V and originating in the countries
                  indicated therein may be imported into the Union provided an annual
                  quantitative limit is established by the Commission. The Commission shall be
                  empowered to adopt delegated acts to amend the relevant Annexes in
                  accordance with Article 25a concerning the establishment of such annual
                  quantitative limits."
   2.      In Article 5, paragraph 2 is replaced by the following:
           "2.    The Commission shall be empowered to adopt delegated acts in accordance
                  with Article 25a concerning the measures required to adapt Annexes III to
                  VII."
   3.      In Article 12, paragraph 3 is replaced by the following:
           "3.    The Commission shall be empowered to adopt delegated acts in accordance
                  with Article 25a concerning measures referred to in paragraphs 1 and 2."
   4.      Article 13 is replaced by the following:
   20
          OJ L 67, 10.3.1994, p. 1.
EN                                                 17                                             EN
 ---pagebreak---                                           "Article 13
      Where imperative grounds of urgency so require in the case the Commission finds,
      upon its own initiative or on the request of a Member State, that the conditions set
      out in Article 12(1) and (2) are fulfilled and considers that a given category of
      products listed in Annex I and not subject to any quantitative restriction should be
      subject to quantitative limits or prior or retrospective surveillance measures, the
      Commission shall be empowered to adopt delegated acts in accordance with Article
      25b to impose the measures referred to in Articles 12(1) and (2)."
   5. Article 16 is amended as follows:
      (a)   The third paragraph is replaced by the following:
            "The Commission shall be empowered to adopt delegated acts in accordance
            with Article 25a concerning the measures referred to in the first paragraph.";
      (b)   The following paragraph is added after the third paragraph:
            “Where a delay in the imposition of measures would cause damage which
            would be difficult to repair and therefore imperative grounds of urgency so
            require, the procedure provided for in Article 25b shall apply to delegated acts
            adopted pursuant to the third subparagraph.”
   6. Article 25 is amended as follows:
      (a)   In the first sentence of paragraph 3, the words “Article 13” are replaced by the
            words “Articles 12(3), 13 and 16”;
      (b)   Paragraph 4 is deleted.
   7. The following Articles 25a and 25b are inserted:
                                         “Article 25a
                                Exercise of the delegation
      1.    The power to adopt delegated acts is conferred on the Commission subject to
            the conditions laid down in this Article.
      2.    The delegation of power referred to in Articles 3(3), 5(2), 12(3), 13, 16 and 28
            shall be conferred on the Commission for an indeterminate period of time.
      3.    The delegation of powers referred to in Articles 3(3), 5(2), 12(3), 13, 16 and 28
            may be revoked at any time by the European Parliament or by the Council. A
            decision of revocation shall put an end to the delegation of the power specified
            in that decision. It shall take effect the day following the publication of the
            decision in the Official Journal of the European Union or at a later date
            specified therein. It shall not affect the validity of any delegated acts already in
            force.
EN                                            18                                                 EN
 ---pagebreak---             4.     As soon as it adopts a delegated act, the Commission shall notify it
                   simultaneously to the European Parliament and to the Council.
            5.     A delegated act adopted pursuant to Articles 3(3), 5(2), 12(3), 13, 16 and 28
                   shall enter into force only if no objection has been expressed either by the
                   European Parliament or the Council within a period of 2 months of notification
                   of that act to the European Parliament and the Council or if, before the expiry
                   of that period, the European Parliament and the Council have both informed
                   the Commission that they will not object. That period shall be extended by 2
                   months at the initiative of the European Parliament or the Council.
                                                Article 25b
                                          Urgency procedure
            1.     Delegated acts adopted under this Article shall enter into force without delay
                   and shall apply as long as no objection is expressed in accordance with
                   paragraph 2. The notification of a delegated act to the European Parliament and
                   to the Council shall state the reasons for the use of the urgency procedure.
            2.     Either the European Parliament or the Council may object to a delegated act in
                   accordance with the procedure referred to in Article 25a(5). In such a case, the
                   Commission shall repeal the act without delay following the notification of the
                   decision to object by the European Parliament or the Council."
   8.       Article 28 is replaced with the following:
                                                "Article 28
            The Commission shall be empowered to adopt delegated acts in accordance with
            Article 25a to amend the relevant Annexes where necessary to take into account the
            conclusion, amendment or expiry of agreements or arrangements with third countries
            or amendments made to Union rules on statistics, customs arrangements or common
            rules for imports".
   3.       COUNCIL REGULATION (EC) NO 953/2003 OF 26 MAY 2003 TO AVOID                      TRADE
                                                                                      21
            DIVERSION INTO THE EUROPEAN UNION OF CERTAIN KEY MEDICINES
   As regards Regulation (EC) No 953/2003, in order to add products to the list of products
   covered by that Regulation, the power to adopt acts in accordance with Article 290 of the
   Treaty on the Functioning of the European Union should be delegated to the Commission in
   order to amend the Annex to that Regulation. It is of particular importance that the
   Commission carry out appropriate consultations during its preparatory work, including at
   expert level.
   21
           OJ L 135, 3.6.2003, p. 5.
EN                                                  19                                              EN
 ---pagebreak---    The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 953/2003 is amended as follows:
   1.      Article 4 is amended as follows:
           (a)   Paragraph 3 is replaced by the following:
                 "3.    The Commission shall be empowered to adopt delegated acts in
                        accordance with Article 5 to determine whether a product fulfils the
                        criteria set out in this Regulation.
                        Where a delay in action would cause damage which would be difficult to
                        repair and therefore imperative grounds of urgency so require, the
                        procedure provided for in Article 5a shall apply to delegated acts adopted
                        pursuant to this paragraph.";
           (b)   Paragraph 4 is replaced by the following:
                 "4.    Where the requirements set out in this Regulation are fulfilled, the
                        Commission shall be empowered to adopt delegated acts in accordance
                        with Article 5 to add the product concerned to Annex I at the next
                        following update. The applicant shall be informed of the decision of the
                        Commission within 15 days.
                        Where a delay in action would cause damage which would be difficult to
                        repair and therefore, imperative grounds of urgency so require, the
                        procedure provided for in Article 5a shall apply to delegated acts adopted
                        pursuant to this paragraph.";
           (c)   Paragraph 9 is replaced by the following:
                 "9.    The Commission shall be empowered to adopt delegated acts in
                        accordance with Article 5 to adjust Annexes II, III and IV where
                        necessary in the light, inter alia, of the experience gained from its
                        application or to respond to a health crisis.
                        Where a delay in action would cause damage which would be difficult to
                        repair and therefore, imperative grounds of urgency so require, the
                        procedure provided for in Article 5a shall apply to delegated acts adopted
                        pursuant to this paragraph."
   2.      Article 5 is replaced by the following:
                                                 "Article 5
                                            Exercise of the delegation
EN                                                  20                                             EN
 ---pagebreak---       1.    The power to adopt delegated acts is conferred on the Commission subject to
            the conditions laid down in this Article.
      2.    The delegation of power referred to in Article 4 shall be conferred on the
            Commission for an indeterminate period of time.
      3.    The delegation of powers referred to in Article 4 may be revoked at any time
            by the European Parliament or by the Council. A decision of revocation shall
            put an end to the delegation of the power specified in that decision. It shall take
            effect the day following the publication of the decision in the Official Journal
            of the European Union or at a later date specified therein. It shall not affect the
            validity of any delegated acts already in force.
      4.    As soon as it adopts a delegated act, the Commission shall notify it
            simultaneously to the European Parliament and to the Council.
      5.    A delegated act adopted pursuant to Article 4 shall enter into force only if no
            objection has been expressed either by the European Parliament or the Council
            within a period of 2 months of notification of that act to the European
            Parliament and the Council or if, before the expiry of that period, the European
            Parliament and the Council have both informed the Commission that they will
            not object. That period shall be extended by 2 months at the initiative of the
            European Parliament or the Council.”
   3. The following Article 5a is inserted:
                                         “Article 5a
                                   Urgency procedure
      1.    Delegated acts adopted under this Article shall enter into force without delay
            and shall apply as long as no objection is expressed in accordance with
            paragraph 2. The notification of a delegated act to the European Parliament and
            to the Council shall state the reasons for the use of the urgency procedure.
      2.    Either the European Parliament or the Council may object to a delegated act in
            accordance with the procedure referred to in Article 5(5). In such a case, the
            Commission shall repeal the act without delay following the notification of the
            decision to object by the European Parliament or the Council."
   4. In Article 11, paragraph 2 is replaced by the following:
      "2.   The Commission shall periodically report to the European Parliament and
            Council on the volumes exported under tiered prices, including on the volumes
            exported within the framework of a partnership agreement agreed between the
            manufacturer and the government of a country of destination. The report shall
            examine the scope of countries and diseases and general criteria for the
            implementation of Article 3."
EN                                           21                                                 EN
 ---pagebreak---    4.       COUNCIL REGULATION (EC) NO 673/2005                 OF 25 APRIL 2005 ESTABLISHING
            ADDITIONAL CUSTOMS DUTIES ON IMPORTS OF CERTAIN PRODUCTS ORIGINATING IN
                                                  22
            THE UNITED STATES OF AMERICA
   As regards Regulation (EC) No 673/2005, in order to make the necessary adjustments to the
   measures provided for in that Regulation, the power to adopt acts in accordance with Article
   290 of the Treaty on the Functioning of the European Union should be delegated to the
   Commission in respect of those adjustments. It is of particular importance that the
   Commission carry out appropriate consultations during its preparatory work, including at
   expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 673/2005 is amended as follows:
   1.       In Article 3, paragraph 3 is replaced by the following:
            “3.    The Commission shall be empowered to adopt delegated acts in accordance
                   with Article 4 to make adjustments and amendments under this Article.
                   Where, in the case of adjustments and amendments to the annexes, imperative
                   grounds of urgency so require, the procedure provided for in Article 4a shall
                   apply to delegated acts adopted pursuant to this paragraph."
   2.       Article 4 is replaced by the following:
                                                 "Article 4
                                            Exercise of the delegation
            1.     The power to adopt delegated acts is conferred on the Commission subject to
                   the conditions laid down in this Article.
            2.     The delegation of power referred to in Article 3(3) shall be conferred on the
                   Commission for an indeterminate period of time.
            3.     The delegation of powers referred to in Article 3(3) may be revoked at any
                   time by the European Parliament or by the Council. A decision of revocation
                   shall put an end to the delegation of the power specified in that decision. It
                   shall take effect the day following the publication of the decision in the Official
                   Journal of the European Union or at a later date specified therein. It shall not
                   affect the validity of any delegated acts already in force.
            4.     As soon as it adopts a delegated act, the Commission shall notify it
                   simultaneously to the European Parliament and to the Council.
   22
           OJ L 110, 30.4.2005, p. 1.
EN                                                   22                                                EN
 ---pagebreak---             5.     A delegated act adopted pursuant to Article 3(3) shall enter into force only if
                   no objection has been expressed either by the European Parliament or the
                   Council within a period of 2 months of notification of that act to the European
                   Parliament and the Council or if, before the expiry of that period, the European
                   Parliament and the Council have both informed the Commission that they will
                   not object. That period shall be extended by 2 months at the initiative of the
                   European Parliament or the Council.”
   3.       The following Article 4a is inserted:
                                                “Article 4a
                                          Urgency procedure
            1.     Delegated acts adopted under this Article shall enter into force without delay
                   and shall apply as long as no objection is expressed in accordance with
                   paragraph 2. The notification of a delegated act to the European Parliament and
                   to the Council shall state the reasons for the use of the urgency procedure.
            2.     Either the European Parliament or the Council may object to a delegated act in
                   accordance with the procedure referred to in Article 4(5). In such a case, the
                   Commission shall repeal the act without delay following the notification of the
                   decision to object by the European Parliament or the Council."
   5.       COUNCIL REGULATION (EC) NO 1342/2007                     OF 22     OCTOBER 2007      ON
            ADMINISTERING CERTAIN RESTRICTIONS ON                  IMPORTS     OF   CERTAIN   STEEL
                                                             23
            PRODUCTS FROM THE RUSSIAN FEDERATION
   As regards Regulation (EC) No 1342/2007, in order to permit the effective administration
   through the adoption of adjustments to the restrictions on imports of certain steel products, the
   power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the
   European Union should be delegated to the Commission in respect of amendments to Annex
   V. It is of particular importance that the Commission carry out appropriate consultations
   during its preparatory work, including at expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 1342/2007 is amended as follows:
   1.       Article 5 is replaced by the following:
   23
           OJ L 300, 17.11.2007, p. 1.
EN                                                  23                                               EN
 ---pagebreak---                                           "Article 5
      For the purposes of applying Article 3(3) and (4) and the second subparagraph of
      10(1) of the Agreement, the Commission shall be empowered to adopt delegated acts
      in accordance with Article 31a of this Regulation to make the necessary adjustments
      to the quantitative limits set out in Annex V.
      Where a delay in action would cause damage which would be difficult to repair and
      therefore, imperative grounds of urgency so require, the procedure provided for in
      Article 31b shall apply to delegated acts adopted pursuant to this Article."
   2. In Article 6, paragraph 3 is replaced by the following:
      "3.   If the Union and the Russian Federation fail to arrive at a satisfactory solution
            and if the Commission notes that there is clear evidence of circumvention, the
            Commission shall be empowered to adopt delegated acts in accordance with
            Article 31a concerning adjustments to Annex V for the purpose of deducting
            from the quantitative limits an equivalent volume of products originating in the
            Russian Federation.
            Where a delay in action would cause damage which would be difficult to repair
            and therefore, imperative grounds of urgency so require, the procedure
            provided for in Article 31b shall apply to delegated acts adopted pursuant to
            this paragraph."
   3. Article 12 is replaced by the following:
      "Where a classification decision adopted in accordance with the Union procedures in
      force referred to in Article 11 involves a product group subject to a quantitative limit,
      the Commission shall, where necessary, initiate consultations without delay in
      accordance with Article 9, in order to reach agreement on any necessary adjustments
      to the corresponding quantitative limits provided for in Annex V. The Commission
      shall be empowered to adopt delegated acts in accordance with Article 31a
      concerning adjustments to Annex V for this purpose."
   4. The following Articles 31a and 31b are inserted after the heading of Chapter IV:
                                         “Article 31a
                                 Exercise of the delegation
      1.    The power to adopt delegated acts is conferred on the Commission subject to
            the conditions laid down in this Article.
      2.    The delegation of power referred to in Articles 5, 6(3) and 12 shall be
            conferred on the Commission for an indeterminate period of time.
      3.    The delegation of powers referred to in Articles 5, 6(3) and 12 may be revoked
            at any time by the European Parliament or by the Council. A decision of
            revocation shall put an end to the delegation of the power specified in that
            decision. It shall take effect the day following the publication of the decision in
EN                                            24                                                EN
 ---pagebreak---                    the Official Journal of the European Union or at a later date specified therein.
                   It shall not affect the validity of any delegated acts already in force.
            4.     As soon as it adopts a delegated act, the Commission shall notify it
                   simultaneously to the European Parliament and to the Council.
            5.     A delegated act adopted pursuant to Articles 5, 6(3) and 12 shall enter into
                   force only if no objection has been expressed either by the European
                   Parliament or the Council within a period of 2 months of notification of that act
                   to the European Parliament and the Council or if, before the expiry of that
                   period, the European Parliament and the Council have both informed the
                   Commission that they will not object. That period shall be extended by 2
                   months at the initiative of the European Parliament or the Council."
                                                 Article 31b
                                            Urgency procedure
            1.     Delegated acts adopted under this Article shall enter into force without delay
                   and shall apply as long as no objection is expressed in accordance with
                   paragraph 2. The notification of a delegated act to the European Parliament and
                   to the Council shall state the reasons for the use of the urgency procedure.
            2.     Either the European Parliament or the Council may object to a delegated act in
                   accordance with the procedure referred to in Article 31a(5). In such a case, the
                   Commission shall repeal the act without delay following the notification of the
                   decision to object by the European Parliament or the Council."
   6.       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 AGREEMENTS24
   As regards Regulation (EC) No 1528/2007, in order to make technical adaptations to the
   arrangements for products originating in certain states part of the African, Caribbean and
   Pacific (ACP) Group of States, the power to adopt acts in accordance with Article 290 of the
   Treaty on the Functioning of the European Union should be delegated to the Commission in
   respect of technical amendments to that Regulation. It is of particular importance that the
   Commission carry out appropriate consultations during its preparatory work, including at
   expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 1528/2007 is amended as follows:
   24
           OJ L 348, 31.12.2007, p. 1.
EN                                                   25                                              EN
 ---pagebreak---    1.        Article 4 is amended as follows:
             (a)   In paragraph 3, the second sentence is deleted;
             (b)   The following paragraphs 4 and 5 are added:
                   "4.    The Commission shall be empowered to adopt delegated acts in
                          accordance with Article [insert the number of the Article(s) laying down
                          the procedure for the adoption of delegated acts, currently Articles 24a to
                          24c of proposal COM(2011) 82 final] concerning technical amendments
                          to Annex II necessary as a result of the application of that Annex.
                   5.     Decisions on the management of Annex II may be adopted in accordance
                          with the procedure referred to in Article 247 and 247a of Regulation
                          (EEC) No 2913/92(*).
   ___________________
   (*)       OJ L 302, 19.10.1992, p. 1."
   2.        Article 23 is replaced by the following:
                                               "Article 23
                                  Adaptation to technical developments
             The Commission shall be empowered to adopt delegated acts in accordance with
             Article [insert the number of the Article(s) laying down the procedure for the
             adoption of delegated acts, currently Articles 24a to 24c of proposal COM(2011) 82
             final] concerning technical amendments to Articles 5 and 8 to 22 which may be
             required as a result of differences between this Regulation and agreements signed
             with provisional application or concluded in accordance with Article 218 of the
             Treaty with the regions or states listed in Annex I."
   7.        COUNCIL REGULATION (EC) NO 55/2008              OF 21 JANUARY 2008 INTRODUCING
             AUTONOMOUS TRADE PREFERENCES FOR THE REPUBLIC OF MOLDOVA AND
             AMENDING REGULATION (EC) NO 980/2005 AND COMMISSION DECISION
             2005/924/EC25
   As regards Regulation (EC) No 55/2008, in order to permit the adjustment of the regulation,
   the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the
   European Union should be delegated to the Commission in respect of amendments required in
   light of changes in customs codes or for the conclusion of agreements with Moldova. It is of
   particular importance that the Commission carry out appropriate consultations during its
   preparatory work, including at expert level.
   25
           OJ L 20, 24.1.2008, p. 1.
EN                                                  26                                                EN
 ---pagebreak---    The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 55/2008 is amended as follows:
   1.      Article 7 is replaced by the following:
                                              "Article 7
                                       Conferment of powers
           The Commission shall be empowered to adopt delegated acts in accordance with
           Article 8b in order to make the necessary amendments and adjustments to the
           provisions of this Regulation as a result of:
           (a)   amendments to the Combined Nomenclature codes and to the TARIC
                 subdivisions;
           (b)   the conclusion of other agreements between the Union and Moldova."
   2.      The following Article 8b is inserted:
                                             “Article 8b
                                     Exercise of the delegation
           1.    The power to adopt delegated acts is conferred on the Commission subject to
                 the conditions laid down in this Article.
           2.    The delegation of power referred to in Article 7 shall be conferred on the
                 Commission for an indeterminate period of time.
           3.    The delegation of powers referred to in Article 7 may be revoked at any time
                 by the European Parliament or by the Council. A decision of revocation shall
                 put an end to the delegation of the power specified in that decision. It shall take
                 effect the day following the publication of the decision in the Official Journal
                 of the European Union or at a later date specified therein. It shall not affect the
                 validity of any delegated acts already in force.
           4.    As soon as it adopts a delegated act, the Commission shall notify it
                 simultaneously to the European Parliament and to the Council.
           5.    A delegated act adopted pursuant to Article 7 shall enter into force only if no
                 objection has been expressed either by the European Parliament or the Council
                 within a period of 2 months of notification of that act to the European
                 Parliament and the Council or if, before the expiry of that period, the European
                 Parliament and the Council have both informed the Commission that they will
                 not object. That period shall be extended by 2 months at the initiative of the
                 European Parliament or the Council.
EN                                               27                                                  EN
 ---pagebreak---    8.       COUNCIL REGULATION (EC) NO 732/2008 OF 22 JULY 2008 APPLYING A SCHEME
            OF GENERALISED TARIFF PREFERENCES FOR THE PERIOD FROM 1 JANUARY 2009 TO
            31 DECEMBER 2011 AND AMENDING REGULATIONS (EC) NO 552/97, (EC) NO
            1933/2006 AND COMMISSION REGULATIONS (EC) NO 1100/2006 AND (EC) NO
            964/200726
   As regards Regulation (EC) No 732/2008, in order for its Annexes to be adapted to
   developments, the power to adopt acts in accordance with Article 290 of the Treaty on the
   Functioning of the European Union should be delegated to the Commission in respect of
   certain adjustments to the Annexes. It is of particular importance that the Commission carry
   out appropriate consultations during its preparatory work, including at expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 732/2008 is amended as follows:
   1.       In Article 10, paragraph 2 is replaced by the following:
            “2.    The Commission shall be empowered to adopt delegated acts in accordance
                   with Article 27a in order to decide, after having examined the request, whether
                   to grant the requesting country the special incentive arrangement for
                   sustainable development and good governance and to amend Annex I
                   accordingly.
                   Where a delay in action would cause damage which would be difficult to repair
                   and therefore, imperative grounds of urgency so require, the procedure
                   provided for in Article 27b shall apply to delegated acts adopted pursuant to
                   this paragraph.”
   2.       In Article 11, paragraph 8 is replaced by the following:
            “8.    When a country is excluded by the UN from the list of the least-developed
                   countries, it shall be withdrawn from the list of the beneficiaries of the
                   arrangement. The Commission shall be empowered to adopt delegated acts in
                   accordance with Article 27a in order to remove a country from the arrangement
                   by amending Annex I and to establish a transitional period of at least three
                   years.”
   3.       Article 25 is replaced by the following:
                                              “Article 25
            The Commission shall be empowered to adopt delegated acts in accordance with
            Article 27a in order to adopt amendments to the Annexes made necessary:
            (a)    by amendments to the Combined Nomenclature;
   26
           OJ L 211, 6.2.2008, p. 1.
EN                                                28                                               EN
 ---pagebreak---       (b)  by changes in the international status or classification of countries or
           territories;
      (c)  by the application of Article 3(2);
      (d)  if a country has reached the thresholds set out in Article 3(1).”
   4. The following Articles 27a and 27b are inserted:
                                        “Article 27a
                                Exercise of the delegation
      1.   The power to adopt delegated acts is conferred on the Commission subject to
           the conditions laid down in this Article.
      2.   The delegation of power referred to in Articles 10(2), 11(8) and 25 shall be
           conferred on the Commission for an indeterminate period of time.
      3.   The delegation of powers referred to in Articles 10(2), 11(8) and 25 may be
           revoked at any time by the European Parliament or by the Council. A decision
           of revocation shall put an end to the delegation of the power specified in that
           decision. It shall take effect the day following the publication of the decision in
           the Official Journal of the European Union or at a later date specified therein.
           It shall not affect the validity of any delegated acts already in force.
      4.   As soon as it adopts a delegated act, the Commission shall notify it
           simultaneously to the European Parliament and to the Council.
      5.   A delegated act adopted pursuant to Articles 10(2), 11(8) and 25 shall enter
           into force only if no objection has been expressed either by the European
           Parliament or the Council within a period of 2 months of notification of that act
           to the European Parliament and the Council or if, before the expiry of that
           period, the European Parliament and the Council have both informed the
           Commission that they will not object. That period shall be extended by 2
           months at the initiative of the European Parliament or the Council.
                                         Article 27b
                                    Urgency procedure
      1.   Delegated acts adopted under this Article shall enter into force without delay
           and shall apply as long as no objection is expressed in accordance with
           paragraph 2. The notification of a delegated act to the European Parliament and
           to the Council shall state the reasons for the use of the urgency procedure.
      2.   Either the European Parliament or the Council may object to a delegated act in
           accordance with the procedure referred to in Article 27a(5). In such a case, the
           Commission shall repeal the act without delay following the notification of the
           decision to object by the European Parliament or the Council."
EN                                           29                                                EN
 ---pagebreak---    9.       COUNCIL REGULATION (EC) NO 1340/2008               OF 8 DECEMBER 2008 ON TRADE IN
            CERTAIN STEEL PRODUCTS BETWEEN THE                 EUROPEAN COMMUNITY AND THE
            REPUBLIC OF KAZAKHSTAN27
   As regards Regulation (EC) No 1340/2008, in order to permit the effective administration of
   certain restrictions, the power to adopt acts in accordance with Article 290 of the Treaty on
   the Functioning of the European Union should be delegated to the Commission in respect of
   amendments to Annex V. It is of particular importance that the Commission carry out
   appropriate consultations during its preparatory work, including at expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 1340/2008 is amended as follows:
   1.       In Article 5, paragraph 3 is replaced by the following:
            "3.    Should the Union and the Republic of Kazakhstan fail to arrive at a satisfactory
                   solution and should the Commission note that there is clear evidence of
                   circumvention, the Commission shall be empowered to adopt delegated acts in
                   accordance with Article 16a in order to deduct from the quantitative limits an
                   equivalent volume of products originating in the Republic of Kazakhstan and
                   to amend Annex V accordingly.
                   Where a delay in action would cause damage which would be difficult to repair
                   and therefore, imperative grounds of urgency so require, the procedure
                   provided for in Article 16b shall apply to delegated acts adopted pursuant to
                   this paragraph."
   2.       The following Articles 16a and 16b are inserted:
                                               “Article 16a
                                       Exercise of the delegation
            1.     The power to adopt delegated acts is conferred on the Commission subject to
                   the conditions laid down in this Article.
            2.     The delegation of power referred to in Article 5(3) shall be conferred on the
                   Commission for an indeterminate period of time.
            3.     The delegation of powers referred to in Article 5(3) may be revoked at any
                   time by the European Parliament or by the Council. A decision of revocation
                   shall put an end to the delegation of the power specified in that decision. It
                   shall take effect the day following the publication of the decision in the Official
                   Journal of the European Union or at a later date specified therein. It shall not
                   affect the validity of any delegated acts already in force.
   27
           OJ L 348, 24.12.2008, p. 1.
EN                                                  30                                                 EN
 ---pagebreak---            4.     As soon as it adopts a delegated act, the Commission shall notify it
                  simultaneously to the European Parliament and to the Council.
           5.     A delegated act adopted pursuant to Article 5(3) shall enter into force only if
                  no objection has been expressed either by the European Parliament or the
                  Council within a period of 2 months of notification of that act to the European
                  Parliament and the Council or if, before the expiry of that period, the European
                  Parliament and the Council have both informed the Commission that they will
                  not object. That period shall be extended by 2 months at the initiative of the
                  European Parliament or the Council.
                                               Article 16b
                                         Urgency procedure
           1.     Delegated acts adopted under this Article shall enter into force without delay
                  and shall apply as long as no objection is expressed in accordance with
                  paragraph 2. The notification of a delegated act to the European Parliament and
                  to the Council shall state the reasons for the use of the urgency procedure.
           2.     Either the European Parliament or the Council may object to a delegated act in
                  accordance with the procedure referred to in Article 16a(5). In such a case, the
                  Commission shall repeal the act without delay following the notification of the
                  decision to object by the European Parliament or the Council."
   10.     COUNCIL REGULATION (EC) NO 1215/2009 OF 30 NOVEMBER 2009 INTRODUCING
           EXCEPTIONAL          TRADE    MEASURES       FOR     COUNTRIES      AND    TERRITORIES
           PARTICIPATING IN OR LINKED TO THE EUROPEAN UNION’S STABILISATION AND
           ASSOCIATION PROCESS28
   As regards Regulation (EC) No 1215/2009, in order to permit the adjustment of the
   Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the
   Functioning of the European Union should be delegated to the Commission in respect of
   amendments required in light of changes in customs codes or for the conclusion of
   agreements with the countries and territories covered by that Regulation. It is of particular
   importance that the Commission carry out appropriate consultations during its preparatory
   work, including at expert level.
   The Commission, when preparing and drawing up delegated acts, should ensure a
   simultaneous, timely and appropriate transmission of relevant documents to the European
   Parliament and Council.
   Accordingly, Regulation (EC) No 1215/2009 is amended as follows:
   1.      Article 7 is replaced by the following:
   28
          OJ L 328, 15.12.2009, p. 1.
EN                                                 31                                              EN
 ---pagebreak---                                           "Article 7
                                   Conferment of powers
      The Commission shall be empowered to adopt delegated acts in accordance with the
      procedure referred to in Article 8b in order to make the necessary amendments and
      adjustments to the provisions of this Regulation as a result of:
      (a)   amendments to the Combined Nomenclature codes and to the TARIC
            subdivisions;
      (b)   the conclusion of other agreements between the Union and the countries and
            territories referred to in Article 1.
   2. The following Article 8b is inserted:
                                         “Article 8b
                                 Exercise of the delegation
      1.    The power to adopt delegated acts is conferred on the Commission subject to
            the conditions laid down in this Article.
      2.    The delegation of power referred to in Article 7 shall be conferred on the
            Commission for an indeterminate period of time.
      3.    The delegation of powers referred to in Article 7 may be revoked at any time
            by the European Parliament or by the Council. A decision of revocation shall
            put an end to the delegation of the power specified in that decision. It shall take
            effect the day following the publication of the decision in the Official Journal
            of the European Union or at a later date specified therein. It shall not affect the
            validity of any delegated acts already in force.
      4.    As soon as it adopts a delegated act, the Commission shall notify it
            simultaneously to the European Parliament and to the Council.
      5.    A delegated act adopted pursuant to Article 7 shall enter into force only if no
            objection has been expressed either by the European Parliament or the Council
            within a period of 2 months of notification of that act to the European
            Parliament and the Council or if, before the expiry of that period, the European
            Parliament and the Council have both informed the Commission that they will
            not object. That period shall be extended by 2 months at the initiative of the
            European Parliament or the Council.”
EN                                            32                                                EN
 ---pagebreak---        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 amending
         certain regulations relating to the common commercial policy as regards the granting
         of delegated powers for the adoption of certain measures.
   2.    BUDGET LINES:
         Not applicable.
   3.    FINANCIAL IMPACT:
         ;     Proposal has no financial implications.
   4.    ANTI-FRAUD MEASURES:
         Not applicable.
EN                                             33                                             EN