BETA


2015/0128(COD) Arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in economic partnership agreements. Recast

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead INTA WAŁĘSA Jarosław (icon: PPE PPE) DE SARNEZ Marielle (icon: ALDE ALDE), BEGHIN Tiziana (icon: EFDD EFDD)
Committee Opinion DEVE
Committee Recast Technique Opinion JURI HAUTALA Heidi (icon: Verts/ALE Verts/ALE)
Lead committee dossier:
Legal Basis:
TFEU 207-p2

Events

2020/01/14
   EC - Follow-up document
2016/07/08
   Final act published in Official Journal
Details

PURPOSE: to recast Council Regulation (EC) No 1528/2007 applying to products originating in certain states that 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.

LEGISLATIVE ACT: Regulation (EU) 2016/1076 of the European Parliament and of the Council 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 (recast).

CONTENT: in the interests of legal clarity, this Regulation consists of a recast of Council Regulation (EC) No 1528/2007, ("Market Access Regulation") governing imports of products originating in certain ACP countries . This temporary instrument provides duty-free, quota-free access to the EU market for products originating in countries that are not part of the Least Developed Countries (LDC) of the ACP countries in the run-up to the conclusion and application of WTO-compatible Economic Partnership Agreements (EPAs). Annex I of the Market Access Regulation includes 27 countries .

Duty-free and quota-free access is subject to certain general safeguard measures . In view of the particular sensitivity of agricultural products, the Regulation allows safeguard measures to be taken when imports cause or threaten to cause disturbances in the markets for such products or disturbances in the mechanisms regulating those markets.

The rules of origin applicable to imports made under the Regulation are, for a transitional period, those laid down in Annex II. Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earliest.

Delegated acts : the Commission may adopt delegated acts with a view to:

· amending Annex I to the Regulation in order to add or to remove regions or states , and in respect of introducing technical amendments to Annex II to this Regulation that are necessary as a result of the application of that Annex;

· adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the Agreement on Trade, Development and Cooperation (TDCA) have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an EPA.

The power to adopt delegated acts is conferred on the Commission for a period of five years from 21 June 2013 (which may be tacitly extended for the same period). Parliament or Council may raise objections to a delegated act within two months of the date of notification (which may be extended by two months). If Parliament or Council raise objections, the delegated act may not enter into force.

ENTRY INTO FORCE: 28.7.2016.

2016/06/08
   CSL - Draft final act
Documents
2016/06/08
   CSL - Final act signed
2016/06/08
   EP - End of procedure in Parliament
2016/05/25
   ESC - Economic and Social Committee: opinion, report
Documents
2016/05/25
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2016/05/25
   CSL - Council Meeting
2016/04/12
   EP - Results of vote in Parliament
2016/04/12
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 613 votes to 28, with 55 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council 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 (recast).

The European Parliament adopted its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

The Commission proposal concerns a codification and recast of the Council Regulation (EC) No 1528/2007 governing imports of products originating in certain ACP countries. This temporary instrument provides duty-free quota-free access to the EU market for products originating in non-LDC ACP countries in the run-up to the conclusion and application of respective WTO-compatible Economic Partnership Agreements (EPAs) before the 1 October 2016. Annex I of the Regulation on market access currently concerns 27 countries.

According to the Consultative Working Party, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal. As regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

The proposed Regulation:

• provides that the rules of origin applicable to imports made under this Regulation should for a transitional period be those laid down in Annex II. Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earliest;

• provides for the possibility of temporarily suspending the arrangements set out in this Regulation in the event of a failure to provide administrative cooperation or of irregularities or fraud;

• provided for general safeguard measures for the products covered by this Regulation;

• allows, in view of the particular sensitivity of agricultural products, safeguard measures to be taken when imports cause or threaten to cause disturbances in the markets for such products or disturbances in the mechanisms regulating those markets.

The power to adopt acts should be delegated to the Commission in respect of:

· amending Annex I to this Regulation in order to add or to remove regions or states, and in respect of introducing technical amendments to Annex II to this Regulation that are necessary as a result of the application of that Annex;

· adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.

Documents
2016/01/28
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on International Trade adopted the report by Jarosław WAŁĘSA (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council 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 (recast).

The Commission recommended the European Parliament to adopt its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

According to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

It should be recalled that the Commission proposal concerns a codification and recast of the Council Regulation (EC) No 1528/2007 governing imports of products originating in certain ACP countries. This temporary instrument provides duty-free quota-free access to the EU market for products originating in non-LDC ACP countries in the run-up to the conclusion and application of respective WTO-compatible Economic Partnership Agreements (EPAs) before the 1 October 2016.

The aim of the codification exercise is to ensure transparency, clarity and simplification of the EU legislation after an original legal instrument has been amended numerous times. Since its adoption in 2007, the Market Access Regulation has already been amended nine times, including the post-Lisbon alignment exercise under the "Trade Omnibus II" and subsequent Commission delegated regulations (see the Annex III of the Commission proposal). Thus, codification is essential to ensure clarity and readability of the regulation.

The method of a recast is used because of the need for certain limited substantive changes in the existing Articles (in particular, the possibility for the Commission to adopt delegated acts to set out the regime applicable to products originating in South Africa, under certain conditions laid down in the Regulation).

Documents
2016/01/25
   EP - Vote in committee, 1st reading
2015/10/12
   EP - Committee draft report
Documents
2015/10/08
   ESC - Economic and Social Committee: opinion, report
Documents
2015/09/21
   EP - WAŁĘSA Jarosław (PPE) appointed as rapporteur in INTA
2015/08/25
   EP - Opinion on the recast technique
Documents
2015/08/25
   EP - HAUTALA Heidi (Verts/ALE) appointed as rapporteur in JURI
2015/06/24
   EP - Committee referral announced in Parliament, 1st reading
2015/06/10
   EC - Legislative proposal published
Details

PURPOSE: to undertake a codification of 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 Agreements.

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: Council Regulation (EC) No 1528/20076 has been substantially amended several times. Since further amendments are to be made, that Regulation should be recast in the interests of clarity. A codification of rules that have frequently been amended is also essential if the law is to be clear and transparent.

CONTENT: the purpose of this proposal is to undertake a codification of Council Regulation (EC) No 1528/2007 of 20 December 2007. The new Regulation will supersede the various acts incorporated in it, fully preserving the content of the acts being codified.

At the same time, it is also necessary to make certain substantive amendments to that Regulation in order to empower the Commission to adopt delegated acts and to adapt the rules on the exceptional measures with limited territorial application.

Therefore, the proposal is being presented in the form of a recast.

Purpose of the Regulation : to recall, this Regulation applies 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. It shall apply to products originating in the regions and states listed in Annex I. It calls for more favourable access to the EU market rules for a number of products defined in the Regulation (notably the elimination of import duties on the Community market if they originate from regions or states listed in Annex I of the Regulation). Such elimination shall be subject to the general safeguards mechanisms.

The Regulation also sets the rules for defining the origin of the products from the regions or States concerned. However, these measures are subject to changes under the present proposal.

Exceptional measures with limited territorial application : the Commission may, after having examined alternative solutions, authorise the application of surveillance or safeguard measures restricted to the Member State or Member States concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Union. Those measures must be strictly limited in time and must disrupt the operation of the internal market as little as possible.

Delegated acts : according to the proposal, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.

Documents

Activities

Votes

A8-0010/2016 - Jarosław Wałęsa - Vote unique #

2016/04/12 Outcome: +: 613, 0: 55, -: 28
DE FR IT PL ES GB RO BE HU BG CZ PT NL SE SK FI AT HR DK LT LV SI LU IE MT EL CY EE
Total
88
71
63
50
49
66
28
20
20
17
20
21
25
19
13
13
15
11
12
9
8
8
6
10
5
20
6
3
icon: PPE PPE
202

Denmark PPE

For (1)

1
2

Luxembourg PPE

3

Cyprus PPE

1

Estonia PPE

For (1)

1
icon: S&D S&D
180

Netherlands S&D

3

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Ireland S&D

For (1)

1

Malta S&D

2

Cyprus S&D

2
icon: ECR ECR
69

Italy ECR

2

Romania ECR

For (1)

1

Bulgaria ECR

2

Czechia ECR

2

Netherlands ECR

2
2

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Greece ECR

Against (1)

1

Cyprus ECR

1
icon: ALDE ALDE
66

United Kingdom ALDE

1

Romania ALDE

2

Austria ALDE

For (1)

1

Croatia ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
41

United Kingdom Verts/ALE

5

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Austria Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1
icon: ENF ENF
37

Germany ENF

For (1)

1

Poland ENF

2

United Kingdom ENF

Against (1)

1

Belgium ENF

For (1)

1

Netherlands ENF

4

Austria ENF

3
icon: NI NI
15

Germany NI

2

Italy NI

For (1)

1

Poland NI

Abstain (1)

1

United Kingdom NI

For (1)

1
icon: EFDD EFDD
38

Germany EFDD

1

France EFDD

1

Poland EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: GUE/NGL GUE/NGL
48

Italy GUE/NGL

Abstain (1)

1

United Kingdom GUE/NGL

Abstain (1)

1

Czechia GUE/NGL

2

Netherlands GUE/NGL

3

Sweden GUE/NGL

Abstain (1)

1

Finland GUE/NGL

Abstain (1)

1

Denmark GUE/NGL

Abstain (1)

1
4

Cyprus GUE/NGL

2

History

(these mark the time of scraping, not the official date of the change)

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procedure/Other legal basis
Rules of Procedure EP 159
procedure/instrument
Old
  • Regulation
  • Repealing Regulation (EC) No 1528/2007
New
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  • date: 2015-06-24T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Development committee: DEVE body: EP shadows: group: ALDE name: DE SARNEZ Marielle group: EFD name: BEGHIN Tiziana responsible: True committee: INTA date: 2015-09-21T00:00:00 committee_full: International Trade rapporteur: group: EPP name: WAŁĘSA Jarosław body: EP responsible: None committee: JURI date: 2015-08-25T00:00:00 committee_full: Legal Affairs rapporteur: group: Verts/ALE name: HAUTALA Heidi
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  • date: 2016-06-08T00:00:00 body: CSL type: Final act signed
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rapporteur
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EP
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JURI
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2015-08-25T00:00:00
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Legal Affairs
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group: Verts/ALE name: HAUTALA Heidi
council
  • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3468 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3468*&MEET_DATE=25/05/2016 date: 2016-05-25T00:00:00
docs
  • date: 2015-08-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE565.159 title: PE565.159 type: Opinion on the recast technique body: EP
  • date: 2015-10-08T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:4775)(documentyear:2015)(documentlanguage:EN) title: CES4775/2015 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2015-10-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE569.640 title: PE569.640 type: Committee draft report body: EP
  • date: 2016-05-25T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:5372)(documentyear:2015)(documentlanguage:EN) title: CES5372/2015 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2016-06-08T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00006/2016/LEX type: Draft final act body: CSL
events
  • date: 2015-06-10T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0282/COM_COM(2015)0282_EN.pdf title: COM(2015)0282 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=FR&type_doc=COMfinal&an_doc=2015&nu_doc=0282 title: EUR-Lex summary: PURPOSE: to undertake a codification of 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 Agreements. 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: Council Regulation (EC) No 1528/20076 has been substantially amended several times. Since further amendments are to be made, that Regulation should be recast in the interests of clarity. A codification of rules that have frequently been amended is also essential if the law is to be clear and transparent. CONTENT: the purpose of this proposal is to undertake a codification of Council Regulation (EC) No 1528/2007 of 20 December 2007. The new Regulation will supersede the various acts incorporated in it, fully preserving the content of the acts being codified. At the same time, it is also necessary to make certain substantive amendments to that Regulation in order to empower the Commission to adopt delegated acts and to adapt the rules on the exceptional measures with limited territorial application. Therefore, the proposal is being presented in the form of a recast. Purpose of the Regulation : to recall, this Regulation applies 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. It shall apply to products originating in the regions and states listed in Annex I. It calls for more favourable access to the EU market rules for a number of products defined in the Regulation (notably the elimination of import duties on the Community market if they originate from regions or states listed in Annex I of the Regulation). Such elimination shall be subject to the general safeguards mechanisms. The Regulation also sets the rules for defining the origin of the products from the regions or States concerned. However, these measures are subject to changes under the present proposal. Exceptional measures with limited territorial application : the Commission may, after having examined alternative solutions, authorise the application of surveillance or safeguard measures restricted to the Member State or Member States concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Union. Those measures must be strictly limited in time and must disrupt the operation of the internal market as little as possible. Delegated acts : according to the proposal, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.
  • date: 2015-06-24T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-01-25T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-01-28T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0010&language=EN title: A8-0010/2016 summary: The Committee on International Trade adopted the report by Jarosław WAŁĘSA (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council 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 (recast). The Commission recommended the European Parliament to adopt its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission. According to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance. It should be recalled that the Commission proposal concerns a codification and recast of the Council Regulation (EC) No 1528/2007 governing imports of products originating in certain ACP countries. This temporary instrument provides duty-free quota-free access to the EU market for products originating in non-LDC ACP countries in the run-up to the conclusion and application of respective WTO-compatible Economic Partnership Agreements (EPAs) before the 1 October 2016. The aim of the codification exercise is to ensure transparency, clarity and simplification of the EU legislation after an original legal instrument has been amended numerous times. Since its adoption in 2007, the Market Access Regulation has already been amended nine times, including the post-Lisbon alignment exercise under the "Trade Omnibus II" and subsequent Commission delegated regulations (see the Annex III of the Commission proposal). Thus, codification is essential to ensure clarity and readability of the regulation. The method of a recast is used because of the need for certain limited substantive changes in the existing Articles (in particular, the possibility for the Commission to adopt delegated acts to set out the regime applicable to products originating in South Africa, under certain conditions laid down in the Regulation).
  • date: 2016-04-12T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26724&l=en title: Results of vote in Parliament
  • date: 2016-04-12T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0094 title: T8-0094/2016 summary: The European Parliament adopted by 613 votes to 28, with 55 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council 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 (recast). The European Parliament adopted its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission. The Commission proposal concerns a codification and recast of the Council Regulation (EC) No 1528/2007 governing imports of products originating in certain ACP countries. This temporary instrument provides duty-free quota-free access to the EU market for products originating in non-LDC ACP countries in the run-up to the conclusion and application of respective WTO-compatible Economic Partnership Agreements (EPAs) before the 1 October 2016. Annex I of the Regulation on market access currently concerns 27 countries. According to the Consultative Working Party, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal. As regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance. The proposed Regulation: • provides that the rules of origin applicable to imports made under this Regulation should for a transitional period be those laid down in Annex II. Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earliest; • provides for the possibility of temporarily suspending the arrangements set out in this Regulation in the event of a failure to provide administrative cooperation or of irregularities or fraud; • provided for general safeguard measures for the products covered by this Regulation; • allows, in view of the particular sensitivity of agricultural products, safeguard measures to be taken when imports cause or threaten to cause disturbances in the markets for such products or disturbances in the mechanisms regulating those markets. The power to adopt acts should be delegated to the Commission in respect of: · amending Annex I to this Regulation in order to add or to remove regions or states, and in respect of introducing technical amendments to Annex II to this Regulation that are necessary as a result of the application of that Annex; · adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.
  • date: 2016-05-25T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2016-06-08T00:00:00 type: Final act signed body: CSL
  • date: 2016-06-08T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-07-08T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to recast Council Regulation (EC) No 1528/2007 applying to products originating in certain states that 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. LEGISLATIVE ACT: Regulation (EU) 2016/1076 of the European Parliament and of the Council 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 (recast). CONTENT: in the interests of legal clarity, this Regulation consists of a recast of Council Regulation (EC) No 1528/2007, ("Market Access Regulation") governing imports of products originating in certain ACP countries . This temporary instrument provides duty-free, quota-free access to the EU market for products originating in countries that are not part of the Least Developed Countries (LDC) of the ACP countries in the run-up to the conclusion and application of WTO-compatible Economic Partnership Agreements (EPAs). Annex I of the Market Access Regulation includes 27 countries . Duty-free and quota-free access is subject to certain general safeguard measures . In view of the particular sensitivity of agricultural products, the Regulation allows safeguard measures to be taken when imports cause or threaten to cause disturbances in the markets for such products or disturbances in the mechanisms regulating those markets. The rules of origin applicable to imports made under the Regulation are, for a transitional period, those laid down in Annex II. Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earliest. Delegated acts : the Commission may adopt delegated acts with a view to: · amending Annex I to the Regulation in order to add or to remove regions or states , and in respect of introducing technical amendments to Annex II to this Regulation that are necessary as a result of the application of that Annex; · adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the Agreement on Trade, Development and Cooperation (TDCA) have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an EPA. The power to adopt delegated acts is conferred on the Commission for a period of five years from 21 June 2013 (which may be tacitly extended for the same period). Parliament or Council may raise objections to a delegated act within two months of the date of notification (which may be extended by two months). If Parliament or Council raise objections, the delegated act may not enter into force. ENTRY INTO FORCE: 28.7.2016. docs: title: Regulation 2016/1076 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016R1076 title: OJ L 185 08.07.2016, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:185:TOC
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Arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in Economic Partnership Agreements. Recast
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Arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in economic partnership agreements. Recast
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  • The European Parliament adopted by 613 votes to 28, with 55 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council 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 (recast).

    The European Parliament adopted its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

    The Commission proposal concerns a codification and recast of the Council Regulation (EC) No 1528/2007 governing imports of products originating in certain ACP countries. This temporary instrument provides duty-free quota-free access to the EU market for products originating in non-LDC ACP countries in the run-up to the conclusion and application of respective WTO-compatible Economic Partnership Agreements (EPAs) before the 1 October 2016. Annex I of the Regulation on market access currently concerns 27 countries.

    According to the Consultative Working Party, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal. As regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

    The proposed Regulation:

    •          provides that the rules of origin applicable to imports made under this Regulation should for a transitional period be those laid down in Annex II. Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force, whichever is the earliest;

    •          provides for the possibility of temporarily suspending the arrangements set out in this Regulation in the event of a failure to provide administrative cooperation or of irregularities or fraud;

    •          provided for general safeguard measures for the products covered by this Regulation;

    •          allows, in view of the particular sensitivity of agricultural products, safeguard measures to be taken when imports cause or threaten to cause disturbances in the markets for such products or disturbances in the mechanisms regulating those markets.

    The power to adopt acts should be delegated to the Commission in respect of:

    ·        amending Annex I to this Regulation in order to add or to remove regions or states, and in respect of introducing technical amendments to Annex II to this Regulation that are necessary as a result of the application of that Annex;

    ·        adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.

activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2016-0094 type: Decision by Parliament, 1st reading/single reading title: T8-0094/2016
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Indicative plenary sitting date, 1st reading/single reading
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activities/3/docs/0/text
  • The Committee on International Trade adopted the report by Jarosław WAŁĘSA (EPP, PL) on the proposal for a regulation of the European Parliament and of the Council 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 (recast).

    The Commission recommended the European Parliament to adopt its position at first reading, taking over the Commission proposal and taking account of the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission.

    According to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance.

    It should be recalled that the Commission proposal concerns a codification and recast of the Council Regulation (EC) No 1528/2007 governing imports of products originating in certain ACP countries. This temporary instrument provides duty-free quota-free access to the EU market for products originating in non-LDC ACP countries in the run-up to the conclusion and application of respective WTO-compatible Economic Partnership Agreements (EPAs) before the 1 October 2016.

    The aim of the codification exercise is to ensure transparency, clarity and simplification of the EU legislation after an original legal instrument has been amended numerous times. Since its adoption in 2007, the Market Access Regulation has already been amended nine times, including the post-Lisbon alignment exercise under the "Trade Omnibus II" and subsequent Commission delegated regulations (see the Annex III of the Commission proposal). Thus, codification is essential to ensure clarity and readability of the regulation.

    The method of a recast is used because of the need for certain limited substantive changes in the existing Articles (in particular, the possibility for the Commission to adopt delegated acts to set out the regime applicable to products originating in South Africa, under certain conditions laid down in the Regulation).

activities/3/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0010&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0010/2016
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2016-04-12T00:00:00
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6.30.01 Generalised scheme of tariff preferences, rules of origin
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  • body: EP responsible: True committee_full: International Trade committee: INTA
  • body: EP responsible: None committee_full: Legal Affairs committee: JURI
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  • group: ALDE name: DE SARNEZ Marielle
  • group: EFD name: BEGHIN Tiziana
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2015-08-25T00:00:00
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  • group: Verts/ALE name: HAUTALA Heidi
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  • PURPOSE: to undertake a codification of 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 Agreements.

    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: Council Regulation (EC) No 1528/20076 has been substantially amended several times. Since further amendments are to be made, that Regulation should be recast in the interests of clarity. A codification of rules that have frequently been amended is also essential if the law is to be clear and transparent.

    CONTENT: the purpose of this proposal is to undertake a codification of Council Regulation (EC) No 1528/2007 of 20 December 2007. The new Regulation will supersede the various acts incorporated in it, fully preserving the content of the acts being codified.

    At the same time, it is also necessary to make certain substantive amendments to that Regulation in order to empower the Commission to adopt delegated acts and to adapt the rules on the exceptional measures with limited territorial application.

    Therefore, the proposal is being presented in the form of a recast.

    Purpose of the Regulation: to recall, this Regulation applies 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. It shall apply to products originating in the regions and states listed in Annex I. It calls for more favourable access to the EU market rules for a number of products defined in the Regulation (notably the elimination of import duties on the Community market if they originate from regions or states listed in Annex I of the Regulation). Such elimination shall be subject to the general safeguards mechanisms.

    The Regulation also sets the rules for defining the origin of the products from the regions or States concerned. However, these measures are subject to changes under the present proposal.

    Exceptional measures with limited territorial application: the Commission may, after having examined alternative solutions, authorise the application of surveillance or safeguard measures restricted to the Member State or Member States concerned if it considers that such measures applied at that level are more appropriate than measures applied throughout the Union. Those measures must be strictly limited in time and must disrupt the operation of the internal market as little as possible.

    Delegated acts: according to the proposal, the power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of adding an Annex to this Regulation which sets out the regime applicable to products originating in South Africa once the relevant trade provisions of the TDCA have been superseded by the relevant provisions of an agreement establishing, or leading to the establishment of, an Economic Partnership Agreement.

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  • date: 2015-06-10T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0282/COM_COM(2015)0282_EN.pdf type: Legislative proposal published title: COM(2015)0282 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/trade/ title: Trade Commissioner: MALMSTRÖM Cecilia
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  • body: EP responsible: False committee_full: Development committee: DEVE
  • body: EP responsible: True committee_full: International Trade committee: INTA
  • body: EP responsible: None committee_full: Legal Affairs committee: JURI
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other
  • body: EC dg: url: http://ec.europa.eu/trade/ title: Trade commissioner: MALMSTRÖM Cecilia
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2015/0128(COD)
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Recast
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Treaty on the Functioning of the EU TFEU 207-p2
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Preparatory phase in Parliament
summary
Repealing Regulation (EC) No 1528/2007
instrument
Regulation
title
Arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in Economic Partnership Agreements. Recast
type
COD - Ordinary legislative procedure (ex-codecision procedure)
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