Activities of Vital MOREIRA related to 2010/0289(COD)

Proposal for a regulation
Recital 7

(7) IGiven the hardship being suffered by the Pakistani people due to the devastating floods it is therefore appropriate to extend exceptional autonomous trade preferences to Pakistan by suspending for a limited period of time all tariffs for certain products of export interest to Pakistan. The provision of these trade preferences would ~~not~~ cause ~~any meaningful~~limited adverse effects on the domestic market of the Union and would not affect negatively least developed Members of the World Trade Organisation (WTO).

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 7 a (new)

(7a) Theses measures are proposed as part of an exceptional package, in response to the specific situation in Pakistan. They should not constitute a precedent for the Union's trade policy with other countries.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 8 a (new)

(8a) The granting of autonomous trade preferences is linked to respect for the fundamental principles of democracy and human rights.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 10 a (new)

(10a) The granting of these preferences is also conditional on Pakistan abstaining from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for export of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union, from the day of the entry into force of this Regulation.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 10 b (new)

(10b) It is necessary to provide for the reintroduction of Common Customs Tariff duties for any products causing, or threatening to cause, serious difficulties to a Union producer of like or directly competing products, as determined by an investigation carried out by the Commission.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 10 c (new)

(10c) It is also necessary to provide for the introduction of tariff rate quotas where volumes of imports of products covered by Annex I of this Regulation increase beyond certain levels. Given the need to respond expeditiously to such increased volumes, the Commission should adopt a delegated act, in accordance with Article 290, of the Treaty on the Functioning of the European Union, on the basis of an urgency procedure, amending Annex II. The power to adopt such acts should be delegated to the Commission.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 10 d (new)

(10d) In order to ensure effective monitoring of the trends of imports of products covered by this Regulation as far in advance as possible it is necessary to establish customs surveillance on imports covered by this Regulation applicable from 1 January 2011 until 31 December 2012, or until 31 January 2013 in the event that this Regulation is extended for one year. On the basis of this monitoring a quarterly report on the application and implementation of this Regulation should be submitted.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 12

(12) Given the urgency of the situation in Pakistan, the Regulation should apply as of 1 January 2011~~, provided that~~ or as soon as the WTO has approved the request from the Union for the waiver from its obligations under GATT Articles I and XIII.

2010/12/14
Committee: INTA

Proposal for a regulation
Recital 13

(13) In ~~ord~~accordance with the WTO waiver, to ensure an immediate and sustainable impact on the economic recovery of Pakistan in the aftermath of the floods it is recommended to limit the duration of the trade preferences until 31 December 2013.he trade preferences expire on 31 December 2012. A one year extension until 31 December 2013 could be envisaged by the European Parliament and the Council depending on the assessment of the impact of the trade preferences on the Union's industry, the real benefits they provide to the Pakistani people and the ability of the Commission to obtain an extension of the WTO waiver

2010/12/14
Committee: INTA

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)

(ca) Pakistan’s abstention from maintaining, introducing or increasing duties or charges having equivalent effect or any other restriction or prohibition on the export or sale for exports of any materials primarily used in the production of any of the products covered by this Regulation destined for the territory of the Union.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 3 a (new)

Article 3a Monitoring and reporting 1. The Commission shall subject the products covered by the preferences provided for in this Regulation to customs surveillance. This surveillance shall provide for updated and timely data, in volume and value. These data shall be immediately made available to Member- States and economic operators. 2. The Commission shall make public a quarterly report on the application and implementation of this Regulation. The report shall include the statistics and information on the evolution of trade with Pakistan, in volume and value, on the products covered by this Regulation. 3. The European Parliament or the Council may invite the Commission to an ad hoc meeting, to be held at one month's notice, to present and explain any issue related to the implementation of this Regulation.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 3 b (new)

Article 3b Tariff rate quota 1. Where imports of a product included in Annex I originating from Pakistan increase, in volume, by 20% or more, as compared to the same period of 2010, the Commission shall, immediately subject the imports of that product to a tariff rate quota by amending Annex II. 2. The data provided by the customs surveillance mentioned in Article 4 should be the basis for introducing the tariff rate quota mentioned in this Article. 3. The tariff rate quota provided for under paragraph 2 shall be introduced through a delegated act adopted expeditiously by the Commission, in accordance with Article 290 of the Treaty on the Functioning of the European Union, on the basis of an urgency procedure. It shall take the form of a duty free quota limited to the level of imports of such product as compared to the same period of 2010 plus twenty percent, introduced by amending Annex II. Upon the entry into force of the delegated act, imports in excess of that tariff rate quota shall be subject to most- favoured nation or other applicable duties.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 1

1. The power to adopt the delegated acts referred to in Articles 3b and 4 shall be conferred on the Commission for ~~an indeterminate per~~the duratiodn of t~~ime~~his Regulation.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 5 – paragraph 3

3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 6 ~~and~~to 7a.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 6 – paragraph 1

1. The delegation of power referred to in Articles 3b and 4 may be revoked at any time by the European Parliament or by the Council.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 9 a (new)

Article 9a Safeguard clause 1. Where a product included in Annex I or II originating in Pakistan is imported on terms which cause, or threaten to cause, serious difficulties to Union producers of like or directly competing products, Common Customs Tariff duties on that product may be reintroduced at any time (hereinafter referred to as a "safeguard measure"). 2. At the request of a Member State or on the Commission’s initiative, the Commission shall take a formal decision to initiate an investigation within one month. Where the Commission decides to initiate an investigation, it shall publish a notice in the Official Journal of the European Union announcing the investigation. The notice shall provide a summary of the information received and state that any relevant information should be sent to the Commission. It shall specify the period, which shall not exceed one month from the date of publication of the notice, within which interested parties may make their views known in writing. 3. The Commission shall seek all information it deems necessary and may verify the information received with Pakistan and any other relevant source. It may be assisted by officials of the Member State on whose territory verification might be sought, if that Member State so requests. 4. In examining whether there are serious difficulties, the Commission shall take account, inter alia, of the following factors concerning Union producers where this information is available: — market share, — production, — stocks, — production capacity, — capacity utilisation, — employment, — imports, — prices. 5. The investigation shall be completed forthwith, but not later than four months after the publication of the notice referred to in paragraph 2. The Commission may, in exceptional circumstances, extend this period by a further maximum period of one month. 6. Provisional safeguard measures may be adopted by the Commission, in accordance with the procedure referred to in Article 10(2), in critical circumstances where a delay would cause damage which would be difficult to repair, pursuant to a preliminary determination on the basis of the factors laid down in paragraph 4 which establishes that there is sufficient evidence that imports of a product covered by this Regulation have increased as the result of the suspension of customs duties under this Regulation, and such imports cause serious difficulties, or threat thereof, to the domestic industry. Provisional measures shall not apply for more than 200 days. 7. The Commission shall decide whether to impose safeguard measures before the end of the investigation period, in accordance with the procedure referred to in Article 10(3).

2010/12/14
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 2

2. It shall apply from 1 January 2011 provided that the tariff preferences provided for in this Regulation are permitted by a waiver granted by the World Trade Organisation and that the conditions set out in Article 2(ca) are met. In case the World Trade Organisation grants such a waiver after 1 January 2011, it shall apply from such later date on which the waiver takes effect.

2010/12/14
Committee: INTA

Proposal for a regulation
Article 10 – paragraph 3

3. The Commission shall publish a notice in the Official Journal of the European Union to inform operators of the date on which the waiver is granted by the World Trade Organization. If the waiver is granted after 1 January 2011 the date specified in the notice shall be the date from which the tariff preferences apply pursuant to the second sentence of paragraph 2. The Preferences shall expire on 31 December 2012.

2010/12/14
Committee: INTA

Proposal for a regulation
Annex 1

CN Code Description deleted WOVEN FABRICS OF COTTON, CONTAINING >= 85% 52083900 COTTON BY WEIGHT AND WEIGHING <= 200 G/M2, DYED (EXCL. THOSE IN THREE-THREAD OR FOUR-THREAD TWILL, INCL. CROSS TWILL, AND PLAIN WOVEN FABRICS) WOVEN FABRICS OF COTTON, CONTAINING >= 85% COTTON BY WEIGHT AND WEIGHING > 200 G/M2, DYED 52093900 (EXCL. THOSE IN THREE-THREAD OR FOUR-THREAD TWILL, INCL. CROSS TWILL, AND PLAIN WOVEN FABRICS) FULL-LENGTH OR KNEE-LENGTH STOCKINGS, SOCKS AND OTHER HOSIERY, INCL. FOOTWEAR WITHOUT APPLIED SOLES, OF COTTON, KNITTED OR CROCHETED 61159500 (EXCL. GRADUATED COMPRESSION HOSIERY, PANTYHOSE AND TIGHTS, WOMEN'S FULL-LENGTH OR KNEE-LENGTH STOCKINGS, MEASURING PER SINGLE YARN< 67 DECITEX WOMEN'S OR GIRLS' COTTON DENIM TROUSERS AND 62046231 BREECHES (EXCL. INDUSTRIAL AND OCCUPATIONAL, BIB AND BRACE OVERALLS AND PANTIES) WOMEN'S OR GIRLS' GARMENTS, OF COTTON, N.E.S. (NOT 62114290 KNITTED OR CROCHETED) TOILET LINEN AND KITCHEN LINEN, OF TERRY TOWELLING OR SIMILAR TERRY FABRICS OF COTTON 63026000 (EXCL. FLOORCLOTHS, POLISHING CLOTHS, DISHCLOTHS AND DUSTERS) TOILET LINEN AND KITCHEN LINEN OF COTTON (EXCL. 63029100 OF TERRY FABRICS, FLOORCLOTHS, POLISHING CLOTHS, DISHCLOTHS AND DUSTERS) deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted deleted

2010/12/14
Committee: INTA