Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | INTA | WAŁĘSA Jarosław ( PPE) | DE SARNEZ Marielle ( ALDE), BEGHIN Tiziana ( EFDD) |
Committee Opinion | DEVE | ||
Committee Recast Technique Opinion | JURI | HAUTALA Heidi ( Verts/ALE) |
Lead committee dossier:
Legal Basis:
TFEU 207-p2
Legal Basis:
TFEU 207-p2Subjects
Events
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 Those rules of origin should be superseded by those annexed to any agreement with the regions or states listed in Annex I when that agreement is either provisionally applied, or enters into force,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.
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.
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).
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
- Follow-up document: COM(2020)0007
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 2016/1076
- Final act published in Official Journal: OJ L 185 08.07.2016, p. 0001
- Draft final act: 00006/2016/LEX
- Economic and Social Committee: opinion, report: CES5372/2015
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0094/2016
- Committee report tabled for plenary, 1st reading: A8-0010/2016
- Committee draft report: PE569.640
- Economic and Social Committee: opinion, report: CES4775/2015
- Opinion on the recast technique: PE565.159
- Legislative proposal published: COM(2015)0282
- Legislative proposal published: EUR-Lex
- Opinion on the recast technique: PE565.159
- Economic and Social Committee: opinion, report: CES4775/2015
- Committee draft report: PE569.640
- Economic and Social Committee: opinion, report: CES5372/2015
- Draft final act: 00006/2016/LEX
- Follow-up document: COM(2020)0007 EUR-Lex
Activities
- Louis ALIOT
Plenary Speeches (1)
- Marina ALBIOL GUZMÁN
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- Jean ARTHUIS
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- Marie-Christine ARNAUTU
Plenary Speeches (1)
- Jonathan ARNOTT
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- Zigmantas BALČYTIS
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- Hugues BAYET
Plenary Speeches (1)
- Xabier BENITO ZILUAGA
Plenary Speeches (1)
- José BLANCO LÓPEZ
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- Renata BRIANO
Plenary Speeches (1)
- Steeve BRIOIS
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- Gianluca BUONANNO
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- Soledad CABEZÓN RUIZ
Plenary Speeches (1)
- Alberto CIRIO
Plenary Speeches (1)
- Jane COLLINS
Plenary Speeches (1)
- Therese COMODINI CACHIA
Plenary Speeches (1)
- Andi CRISTEA
Plenary Speeches (1)
- Pál CSÁKY
Plenary Speeches (1)
- Javier COUSO PERMUY
Plenary Speeches (1)
- Edward CZESAK
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- Michel DANTIN
Plenary Speeches (1)
- William (The Earl of) DARTMOUTH
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- Rachida DATI
Plenary Speeches (1)
- Mireille D'ORNANO
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- Norbert ERDŐS
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- Edouard FERRAND
Plenary Speeches (1)
- Lorenzo FONTANA
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- Mariya GABRIEL
Plenary Speeches (1)
- Doru-Claudian FRUNZULICĂ
Plenary Speeches (1)
- Ildikó GÁLL-PELCZ
Plenary Speeches (1)
- Francisco de Paula GAMBUS MILLET
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- Elena GENTILE
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- Arne GERICKE
Plenary Speeches (1)
- Tania GONZÁLEZ PEÑAS
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- Takis HADJIGEORGIOU
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- Brian HAYES
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- Marian HARKIN
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- Mike HOOKEM
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- Cătălin Sorin IVAN
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- Diane JAMES
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- Petr JEŽEK
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- Marc JOULAUD
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- Ivan JAKOVČIĆ
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- Philippe JUVIN
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- Afzal KHAN
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- Bernd KÖLMEL
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- Béla KOVÁCS
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- Marine LE PEN
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- Bernd LUCKE
Plenary Speeches (1)
- Paloma LÓPEZ BERMEJO
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- Vladimír MAŇKA
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- Ivana MALETIĆ
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- Andrejs MAMIKINS
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- Dominique MARTIN
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- Notis MARIAS
Plenary Speeches (1)
- David MARTIN
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- Jean-Luc MÉLENCHON
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- Miroslav MIKOLÁŠIK
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- Louis MICHEL
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- Bernard MONOT
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- Marlene MIZZI
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- Elisabeth MORIN-CHARTIER
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- Renaud MUSELIER
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- József NAGY
Plenary Speeches (1)
- Franz OBERMAYR
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- Rolandas PAKSAS
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- Margot PARKER
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- Florian PHILIPPOT
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- Marijana PETIR
Plenary Speeches (1)
- Andrej PLENKOVIĆ
Plenary Speeches (1)
- Miroslav POCHE
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- Salvatore Domenico POGLIESE
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- Franck PROUST
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- Julia REID
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- Sofia RIBEIRO
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- Liliana RODRIGUES
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- Claude ROLIN
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- Fernando RUAS
Plenary Speeches (1)
- Lola SÁNCHEZ CALDENTEY
Plenary Speeches (1)
- Remo SERNAGIOTTO
Plenary Speeches (1)
- Maria Lidia SENRA RODRÍGUEZ
Plenary Speeches (1)
- Siôn SIMON
Plenary Speeches (1)
- Branislav ŠKRIPEK
Plenary Speeches (1)
- Monika SMOLKOVÁ
Plenary Speeches (1)
- Davor ŠKRLEC
Plenary Speeches (1)
- Igor ŠOLTES
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- Joachim STARBATTY
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- Catherine STIHLER
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- Beatrix von STORCH
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- Richard SULÍK
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- Patricija ŠULIN
Plenary Speeches (1)
- Neoklis SYLIKIOTIS
Plenary Speeches (1)
- Eleftherios SYNADINOS
Plenary Speeches (1)
- Dubravka ŠUICA
Plenary Speeches (1)
- Claudia ȚAPARDEL
Plenary Speeches (1)
- Pavel TELIČKA
Plenary Speeches (1)
- László TŐKÉS
Plenary Speeches (1)
- Mylène TROSZCZYNSKI
Plenary Speeches (1)
- Marie-Christine VERGIAT
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Jarosław WAŁĘSA
Plenary Speeches (1)
- Anna ZÁBORSKÁ
Plenary Speeches (1)
Votes
A8-0010/2016 - Jarosław Wałęsa - Vote unique #
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