Regulation (EU) No 37/2014 of the European Parliament and of the CouncilDangos y teitl llawn

9. Regulation (EC) No 427/2003 U.K.

As regards Regulation (EC) No 427/2003, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) for the purpose of amending the Annex I to that Regulation.

In order to adopt the provisions necessary for the implementation of Regulation (EC) No 427/2003, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annex I to Regulation (EC) No 625/2009, in order to remove countries from the list of third countries contained in that Annex when they become members of the WTO. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Moreover, implementing powers should be conferred on the Commission to adopt the measures necessary for the implementation of that Regulation in accordance with Regulation (EU) No 182/2011.

The advisory procedure should be used for the adoption of surveillance and provisional measures given the effects of such measures and their sequential logic in relation to the adoption of definitive safeguard measures. Where a delay in the imposition of measures would cause damage which would be difficult to repair, it is necessary to allow the Commission to adopt immediately applicable provisional measures.

Accordingly, Regulation (EC) No 427/2003 is amended as follows:

(1)

Article 5(4) is replaced by the following:

"4. Where it is apparent that there is sufficient evidence to justify initiating a proceeding and any consultations under paragraph 3 have not led to a mutually satisfactory solution, the Commission shall publish a notice in the Official Journal of the European Union. The Commission shall provide information to the Member States once it has determined the need to initiate such a proceeding.".

(2)

Article 7 is amended as follows:

(a)

paragraph 1 is replaced by the following:

"1. Provisional safeguard measures shall be applied in critical circumstances where delay would cause damage which would be difficult to repair, after a preliminary determination that imports have caused or threatened to cause market disruption to the Union industry and if the Union interest calls for intervention. The Commission shall take such provisional measures in accordance with the advisory procedure referred to in Article 15(2). In cases of urgency, Article 15(4) shall apply.";

(b)

paragraph 3 is deleted.

(3)

Article 8 is replaced by the following:

"Article 8 Termination without measures

Where bilateral safeguard measures are deemed unnecessary the investigation or proceeding shall be terminated in accordance with the examination procedure referred to in Article 15(3).".

(4)

Article 9 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

"1. Where the facts as finally established show that the conditions laid down in Articles 1, 2 and 3, as appropriate, are met, and the Union interest calls for intervention in accordance with Article 19, the Commission shall request consultations with the Government of China with a view to seeking a mutually satisfactory solution.;

2. If the consultations referred to in paragraph 1 of this Article do not lead to a mutually satisfactory solution within 60 days of the date of receipt of a request for consultations, a definitive safeguard or trade diversion measure shall be imposed in accordance with the examination procedure referred to in Article 15(3). In cases of urgency, Article 15(5) shall apply.";

(b)

paragraphs 3 to 6 are deleted.

(5)

In Article 12, paragraphs 3 and 4 are replaced by the following:

"3. While any safeguard measure is in operation the Commission may either at the request of a Member State or on its own initiative examine the effects of the measure and ascertain whether its application is still necessary.

Where the Commission considers that the application of the measure is still necessary it shall inform the Member States accordingly.

4. Where the Commission considers that any safeguard measure should be revoked or amended, it shall revoke or amend the safeguard measures in accordance with the examination procedure referred to in Article 15(3).".

(6)

Article 14(4) is replaced by the following:

"4. In the Union interest, measures imposed pursuant to this Regulation may be suspended by a decision of the Commission in accordance with the advisory procedure referred to in Article 15(2) for a period of nine months. The suspension may be extended for a further period, not exceeding one year, by the Commission acting in accordance with the advisory procedure referred to in Article 15(2).".

(7)

The following articles are inserted:

"Article 14a Conferral of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 14b of this Regulation concerning amendments of Annex I to Council Regulation (EC) No 625/2009(1), in order to remove countries from the list of third countries contained in that Annex when they become members of the WTO.

Article 14b Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 22(3) shall be conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 22(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 22(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

(8)

Article 15 is replaced by the following:

"Article 15 Committee procedure

1. The Commission shall be assisted by the Committee on Safeguards established by Article 4(1) of Council Regulation (EC) No 260/2009(2). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(3).

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.

5. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

(9)

Article 17(5) is replaced by the following:

"5. The Commission and the Member States, including the officials of either, shall not reveal any information received pursuant to this Regulation for which confidential treatment has been requested by its supplier, without specific permission from that supplier. Exchanges of information between the Commission and the Member States, or any information relating to consultations made pursuant to Article 12, or consultations described in Article 5(3) and Article 9(1), or any internal documents prepared by the authorities of the Union or the Member States, shall not be divulged to the public or any party to the proceeding except as specifically provided for in this Regulation.".

(10)

In Article 18(4), the last sentence is replaced by the following:

"Disclosure shall not prejudice any subsequent decision which may be taken by the Commission, but where such a decision is based on any different facts and considerations, they shall be disclosed as soon as possible.".

(11)

In Article 19, paragraphs 5 and 6 are replaced by the following:

"5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Committee as part of the draft measure submitted pursuant to Article 9 of this Regulation. The views expressed in the Committee should be taken into account by the Commission under the conditions provided for in Regulation (EU) No 182/2011.

6. The parties which have acted in conformity with paragraph 2 may request that the facts and considerations on which final decisions are likely to be taken are made available to them. Such information shall be made available to the extent possible and without prejudice to any subsequent decision taken by the Commission.".

(12)

The following article is inserted:

"Article 19a Report

1. The Commission shall include information on the implementation of this Regulation in its annual report on the application and implementation of trade defence measures presented to the European Parliament and to the Council pursuant to Article 22a of Council Regulation (EC) No 1225/2009(4).

(13)

In Article 22, paragraph 3 is deleted.

(1)

Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (OJ L 185, 17.7.2009, p. 1).".

(2)

Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

(3)

Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).".

(4)

Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, 22.12.2009, p. 51)".