CELEX: 52015PC0220
Language: en
Date: 2015-05-26
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) No 19/2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, and amending Regulation (EU) No 20/2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other

EUROPEAN
                              COMMISSION
                                                    Brussels, 26.5.2015
                                                    COM(2015) 220 final
                                                    ANNEX 1
                                          ANNEX
                                            to the
       Proposal for a REGULATION OF EUROPEAN PARLIAMENT AND OF THE
                                         COUNCIL
   amending Regulation (EU) No 19/2013 implementing the bilateral safeguard clause and
   the stabilisation mechanism for bananas of the Trade Agreement between the European
   Union and its Member States, of the one part, and Colombia and Peru, of the other part,
   and amending Regulation (EU) No 20/2013 implementing the bilateral safeguard clause
        and the stabilisation mechanism for bananas of the Agreement establishing an
    Association between the European Union and its Member States, on the one hand, and
                                Central America on the other
EN                                                                                         EN
 ---pagebreak---                                              ANNEX
                                              to the
       Proposal for a REGULATION OF EUROPEAN PARLIAMENT AND OF THE
                                            COUNCIL
   amending Regulation (EU) No 19/2013 implementing the bilateral safeguard clause and
   the stabilisation mechanism for bananas of the Trade Agreement between the European
   Union and its Member States, of the one part, and Colombia and Peru, of the other part,
   and amending Regulation (EU) No 20/2013 implementing the bilateral safeguard clause
        and the stabilisation mechanism for bananas of the Agreement establishing an
    Association between the European Union and its Member States, on the one hand, and
                                  Central America on the other
   Table regarding trigger import volumes for the application of the stabilisation mechanism for
   bananas provided for in Section B of Appendix 1 of Annex I to the Agreement: for Colombia,
                Subsection 1, for Peru, Subsection 2 and for Ecuador, Subsection 3.
                      Year                         Trigger     Trigger import     Trigger import
                                                   import       volume for         volume for
                                                 volume for       Peru, in         Ecuador, in
                                                 Colombia,         tonnes             tonnes
                                                  in tonnes
     From 1 January until 31 December 2015       1 687 500         86 250           1 645 111
     From 1 January until 31 December 2016       1 755 000         90 000           1 723 449
     From 1 January until 31 December 2017       1 822 500         93 750           1 801 788
     From 1 January until 31 December 2018       1 890 000         97 500           1 880 127
     From 1 January until 31 December 2019       1 957 500        101 250           1 957 500
             As from 1 January 2020                  Not       Not applicable     Not applicable
                                                 applicable
EN                                               2                                               EN
 ---documentbreak---                               EUROPEAN
                              COMMISSION
                                                     Brussels, 26.5.2015
                                                     COM(2015) 220 final
                                                     2015/0112 (COD)
                                        Proposal for a
      REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   amending Regulation (EU) No 19/2013 implementing the bilateral safeguard clause and
   the stabilisation mechanism for bananas of the Trade Agreement between the European
   Union and its Member States, of the one part, and Colombia and Peru, of the other part,
   and amending Regulation (EU) No 20/2013 implementing the bilateral safeguard clause
        and the stabilisation mechanism for bananas of the Agreement establishing an
    Association between the European Union and its Member States, on the one hand, and
                                Central America on the other
EN                                                                                         EN
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
   1.        CONTEXT OF THE PROPOSAL
   Grounds for and objectives of the proposal
   This proposal concerns the amendment of Regulation (EU) No 19/2013 of the European
   Parliament and of the Council implementing the bilateral safeguard clause and the
   stabilization mechanism for bananas of the Trade Agreement between the European Union
   and its Member States, of the one part, and Colombia and Peru, of the other part, given that
   Ecuador joined the Agreement.
   Furthermore, the Combined Nomenclature (CN) code for bananas used in the Tariff
   Elimination Schedule of the Agreement refers to the CN code of 2007. The same code is used
   in both Regulation (EU) No 19/2013 and Regulation (EU) No 20/2013 of the European
   Parliament and of the Council implementing the bilateral safeguard clause and the
   stabilization mechanism for bananas of the Agreement establishing an Association between
   the European Union and its Member States, on the one hand, and Central America on the
   other. However, the relevant code for bananas was changed from 1 January 2012. For the
   sake of clarity, this change should be introduced in both Regulations.
   General context
   Article 329 of the Trade Agreement between the European Union and its Member States, of
   the one part, and Colombia and Peru, of the other part provides for an accession possibility of
   other Member Countries of the Andean Community to the Agreement.
   The European Union and Ecuador have concluded negotiations for such accession on 17 July
   2014.
   Similarly to the Agreement with Colombia and Peru, the Agreement with Ecuador includes a
   bilateral safeguard clause and a Stabilisation Mechanism for Bananas.
   The bilateral safeguard clause provides for the possibility to re-instate the MFN customs duty
   rate when, as a result of a trade liberalisation, imports take place in such increased quantities
   and under such conditions as to cause (or threaten to cause) serious injury to the Union
   Industry producing the like or directly competitive product. Preferential customs duties can be
   also be suspended according to the Stabilisation Mechanism for Bananas when a certain
   annual import volume is reached, until 31 December 2019.
   The regulation incorporating in European Union law the safeguard clause and the stabilisation
   mechanism for Colombia and Peru should thus be amended in order to also include the
   corresponding elements in the case of Ecuador.
   2.        RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND
             IMPACT ASSESSMENTS
   This proposal for an amendment is directly derived from the text of the Agreement negotiated
   with Ecuador. Consequently, neither a separate consultation with interested parties nor any
   impact assessment is necessary.
EN                                                  2                                                EN
 ---pagebreak---    3.       LEGAL ELEMENTS OF THE PROPOSAL
   Summary of the proposed action
   The attached proposal for an amendment constitutes the legal instrument for the
   implementation of the safeguard clause and the banana stabilization mechanism of the
   Agreement already concluded with Ecuador.
   Legal basis
   Article 207(2) of the Treaty on the Functioning of the European Union.
EN                                               3                                      EN
 ---pagebreak---                                                                 2015/0112 (COD)
                                                   Proposal for a
       REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
     amending Regulation (EU) No 19/2013 implementing the bilateral safeguard clause and
    the stabilisation mechanism for bananas of the Trade Agreement between the European
   Union and its Member States, of the one part, and Colombia and Peru, of the other part,
     and amending Regulation (EU) No 20/2013 implementing the bilateral safeguard clause
         and the stabilisation mechanism for bananas of the Agreement establishing an
     Association between the European Union and its Member States, on the one hand, and
                                         Central America on the other
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 207(2) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national Parliaments,
   Acting in accordance with the ordinary legislative procedure,
   Whereas:
   (1)     The Trade Agreement between the European Union and its Member States, of the one
           part, and Colombia and Peru, of the other part1 (hereinafter “the Agreement”) signed
           on 26 June 2012, provides in its Article 329 for an accession of other Member
           Countries of the Andean Community to the Agreement.
   (2)     The European Union and Ecuador have concluded negotiations for such accession on
           17 July 2014. A Protocol of Accession by Ecuador to the Agreement (hereinafter “the
           Protocol of Accession”) was signed on […] and will be applied provisionally in
           accordance with its Article […].
   (3)     Following the decision on signature and provisional application of the Protocol of
           Accession, it is necessary to lay down the procedures to guarantee the effective
           application of the bilateral safeguard clause and for applying the stabilisation
           mechanism for bananas as foreseen in the Agreement in respect of Ecuador.
   (4)     Furthermore, the Combined Nomenclature (CN) code for bananas used in the Tariff
           Elimination Schedule of the Agreement refers to the CN code of 2007. The same code
           is used in both Regulation (EU) No 19/20132 and Regulation (EU) No 20/20133.
   1
           OJ L354, 21/12/2012, p. 3.
   2
           Regulation (EU) No 19/2013 of the European Parliament and of the Council of 15 January 2013
           implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Trade
           Agreement between the European Union and its Member States, of the one part, and Colombia and
           Peru, of the other part (OJ L 17, 19.1.2013, p. 1)
   3
           Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013
           implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the
           Agreement establishing an Association between the European Union and its Member States, on the one
           hand, and Central America on the other (OJ L 17, 19.1.2013, p. 13)
EN                                                         4                                                    EN
 ---pagebreak---            However, the relevant code for bananas was changed from 1 January 2012 from 0803
           00 19 to 0803 90 10 in order to reflect the compulsory Harmonised System (HS)
           amendments. For the sake of clarity, this change should be introduced in both
           Regulation (EU) No 19/2013 and Regulation (EU) No 20/2013 in the relevant part on
           the stabilisation mechanism for bananas.
   (5)     Regulation (EU) No 19/2013 and Regulation (EU) No 20/2013 should therefore be
           amended accordingly,
   HAVE ADOPTED THIS REGULATION:
                                                 Article 1
   Regulation (EU) No 19/2013 is amended as follows:
   1.        The title is replaced by the following:
           "Regulation (EU) No 19/2013 of the European Parliament and of the Council of 15
           January 2013 implementing the bilateral safeguard clause and the stabilisation
           mechanism for bananas of the Trade Agreement between the European Union and its
           Member States, of the one part, and Columbia, Ecuador and Peru, of the other part"
   2.        In point (h) of Article 1, Article 3(1), (3) and (4) and Article 13(4), the words
             ‘Colombia and Peru’ are replaced by ‘Colombia, Ecuador and Peru’.
   3.        In point (a) of Article 1, Article 2(1), Article 4(4), Article 5(6) and (11), Article 6(1),
             Article 7(1), Article 9(1), Article 11 and Article 15 (2), the words ‘Colombia or Peru’
             are replaced by ‘Colombia, Ecuador or Peru’.
   4.        Paragraph 1 of Article 15 is replaced by the following:
           "For bananas originating in Colombia, Ecuador or Peru falling under heading 0803 90
           10 of the Combined Nomenclature (fresh Bananas, excluding plantains) and listed
           under the staging category ‘BA’ in the Tariff Elimination Schedule in the case of
           Colombia and Peru and staging category ‘SP1’ in the Tariff Elimination Schedule in
           the case of Ecuador under the heading 0803 00 19, a stabilisation mechanism shall
           apply until 31 December 2019."
   5.        The Annex is replaced by the text set out in the Annex to this Regulation.
                                                 Article 2
   In Article 15 of Regulation (EU) No 20/2013 paragraph 1 is replaced by the following:
           "For bananas originating in Central America falling under heading 0803 90 10 of the
           Combined Nomenclature (fresh Bananas, excluding plantains) and listed under
           category ‘ST’ in the Tariff Elimination Schedule under heading 0803 00 19, a
           stabilisation mechanism shall apply until 31 December 2019."
                                                 Article 3
   1.        This Regulation shall enter into force on the day following that of its publication in
             the Official Journal of the European Union.
   2.        It shall apply from the date of provisional application of the Protocol of Accession. A
             notice shall be published in the Official Journal of the European Union specifying
             the date of application.
EN                                                    5                                                  EN
 ---pagebreak---    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                                                 6                                              EN