Provisional agreement between Parliament and Council on final act
Role | Committee | Rapporteur | Shadows |
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Opinion | AFET | ||
Opinion | AGRI | DĂNCILĂ Viorica (S&D) | |
Lead | INTA | SCHOLZ Helmut (GUE/NGL) | WINKLER Iuliu (EPP), DANTI Nicola (S&D), ZAHRADIL Jan (ECR), TAKKULA Hannu (ALDE), JADOT Yannick (Verts/ALE) |
Opinion | ITRE |
Legal Basis TFEU 207-p2
Activites
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2016/02/03
Decision by Parliament, 1st reading/single reading
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T8-0035/2016
summary
The European Parliament adopted by 577 votes to 11, with 52 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal regarding two issues: Imposition of definitive safeguard measures: the Commission shall invite the authorities of the Republic of Moldova to hold consultations in accordance with Article 160(2) of the Agreement. Where no satisfactory solution has been reached within 30 days, the Commission may adopt, by means of implementing acts, definitive safeguard measures. Report: the amended text obliges the Commission to include in its annual report on the application and implementation of this Regulation information about the application of provisional and definitive safeguard measures, as well as the application of the anti-circumvention mechanism.
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T8-0035/2016
summary
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2015/12/14
Committee report tabled for plenary, 1st reading/single reading
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A8-0364/2015
summary
The Committee on International Trade adopted the report by Helmut SCHOLZ (GUE/NGL, DE) on the proposal for a regulation of the European Parliament and of the Council implementing the safeguard clause and the anti-circumvention mechanism providing for the temporary suspension of tariff preferences of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part. The committee recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should amend the Commission proposal. The proposed amendments seek to: spell-out the obligation of the EU to hold consultations with the Moldovan authorities before the imposition of a definitive safeguard measure in accordance with Article 160 of the Association Agreement between the EU and Moldovia. Where no satisfactory solution has been reached within 30 days, the Commission may adopt definitive safeguard measures; spell-out the reporting obligation of the Commission in more detail, so as to expressly mention the application of provisional and definitive safeguard measures and the application of the anti-circumvention mechanism.
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A8-0364/2015
summary
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2015/12/10
Vote in committee, 1st reading/single reading
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2015/04/27
Committee referral announced in Parliament, 1st reading/single reading
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2015/04/14
Legislative proposal published
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COM(2015)0154
summary
PURPOSE: to incorporate the anti-circumvention mechanism foreseen in the EU-Moldova Association Agreement into European Union law. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the EU-Moldova Association Agreement was signed on 24 June 2014 and has been provisionally applied from 1 September 2014. This Agreement includes: a bilateral safeguard clause which allows for the temporary suspension of preferences in case their application would result in an unexpected and significant increase of imports causing economic damage to the domestic industry of the importing party. In concrete terms, this instrument makes it possible to either suspend the further tariff liberalization or reintroduce the most favoured nation (MFN) customs duty rate; a so-called anti-circumvention mechanism, which provides for the possibility to reintroduce the MFN customs duty rate when imports of certain agricultural goods from Moldova exceed a given threshold without due justification of their exact origin. The Commission considered it necessary to lay down the procedures to guarantee the effective application of the safeguard clause and the anti-circumvention mechanism. An implementing regulation of the European Parliament and of the Council is necessary to put in place in the EU’s internal legislation the necessary instrument to be able to apply the bilateral safeguard clause and the anti-circumvention mechanism. CONTENT: the proposal for a Regulation constitutes the legal instrument for the implementation of the safeguard clause and the anti-circumvention mechanism of the Agreement already concluded with the Republic of Moldova. Safeguard measures: safeguard measures may be considered only if the product in question is imported into the Union in such increased quantities, in absolute terms or relative to Union production, and under such conditions as to cause, or threaten to cause, serious injury to Union producers of like or directly competing products. The maximum duration of safeguard measures is determined and specific provisions regarding extension and review of such measures are laid down. Initiating an investigation: the tasks of following up and reviewing the Agreement, carrying out investigations and, if necessary, imposing safeguard measures should be carried out in the most transparent manner possible. The Commission should receive information including available evidence from the Member States of any trends in imports which might call for the application of safeguard measures. If there is sufficient prima facie evidence to justify the initiation of proceedings, the Commission should publish a notice in the Official Journal of the European Union. Investigations: the proposal provides that there should be detailed provisions on the initiation of investigations, access to and inspections by interested parties of the information gathered, hearings for the interested parties involved and the opportunities for those parties to submit their views. It also sets time limits for the initiation of an investigation and for determinations as to whether or not safeguard measures are appropriate, with a view to ensuring that such determinations are made quickly, in order to increase legal certainty for the economic operators concerned. An investigation should precede the application of any safeguard measure. Anti-circumvention mechanism: the proposed Regulation provides for the possibility to suspend the preferential customs duties for a maximum period of six months when the imports of certain agricultural products and processed agricultural products reach the annual import volumes defined in the Association Agreement. Implementation: in order to ensure uniform conditions for the adoption of provisional and definitive safeguard measures, for the imposition of prior surveillance measures and for the termination of an investigation without measures provided for in the Agreement, implementing powers should be conferred on the Commission. The Commission should adopt immediately applicable implementing acts where, in duly justified cases a delay in the imposition of provisional safeguard measures would cause damage which would be difficult to repair or in order to prevent a negative impact on the Union market as a result of an increase in imports.
- DG {'url': 'http://ec.europa.eu/trade/', 'title': 'Trade'}, MALMSTRÖM Cecilia
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COM(2015)0154
summary
Documents
- Legislative proposal published: COM(2015)0154
- Committee report tabled for plenary, 1st reading/single reading: A8-0364/2015
- Decision by Parliament, 1st reading/single reading: T8-0035/2016
Amendments | Dossier |
4 |
2015/0079(COD)
2015/09/07
AGRI
2 amendments...
Amendment 1 #
Proposal for a regulation Recital 11 (11) There should be detailed provisions on the initiation of investigations, access to and inspections by interested parties of the information gathered, hearings for the interested parties involved and the opportunities for those parties to submit their views. The Commission should be able to request information on the traceability of products that are the subject of an investigation.
Amendment 2 #
Proposal for a regulation Article 6 – paragraph 1 1. The Commission may adopt prior surveillance measures in regard to imports from the Republic of Moldova where the trend in imports of a product is such that it could lead to one of the situations referred to in Articles 3 and 4 of this Regulation. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 14(3) of this Regulation. The Commission may request detailed information on the traceability of products to which the tariff preferences provided for in the Agreement are applicable.
source: 567.487
2015/11/24
INTA
2 amendments...
Amendment 1 #
Proposal for a regulation Article 9 - paragraph 1 1. Where the facts as finally established show that the conditions set out in Article 3(1) of this Regulation are met, the Commission shall invite the authorities of Moldova to hold consultations in accordance with article 160 of the Agreement. Where no satisfactory solution has been reached within 30 days, the Commission may adopt definitive safeguard measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(4) of this Regulation.
Amendment 2 #
Proposal for a regulation Article 12 - paragraph 2 2. The report shall inter alia include information about the application of provisional and definitive
source: 572.843
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History
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